HomeMy WebLinkAboutOlin Hall 103, 105, 107 Lab Renovation_Front Ends
OLIN HALL 103,105,107
LAB RENOVATION
Project Manual & Specifications
August 11, 2020
Owner
Cornell University Ithaca, New York 14853
Architect
Facilities Engineering
Cornell University 201 Humphreys Service Building Ithaca, New York 14853-3701
OLIN HALL 103,105,107 TABLE OF CONTENTS LAB RENOVATION Page 1
Instructions to Bidders
Bid Proposal Submission Form General Conditions and Exhibits Supplemental Conditions DIVISION 1 - GENERAL REQUIREMENTS Section 01 11 00 Summary of the Work Section 01 14 00 Work Restrictions Section 01 25 00 Substitutions and Product Options Section 01 31 19 Project Meetings Section 01 31 50 Electronic Project Management Section 01 32 16 Construction Schedule Section 01 32 33 Photographic Documentation Section 01 33 00 Submittal Procedure Section 01 35 29 General Health & Safety Section 01 35 43 General Environmental Requirements
Section 01 35 44 Spill Control Section 01 35 45 Refrigerant Compliance Section 01 41 00 Regulatory Requirements
Section 01 42 00 References Section 01 45 00 Quality Control Section 01 50 00 Temporary Facilities and Controls Section 01 51 00 Temporary Utilities Section 01 51 23 Heat During Construction Section 01 57 13 Soil Erosion and Sediment Control Section 01 66 00 Storage and Protection Section 01 73 29 Cutting, Patching and Repairing Section 01 77 00 Project Closeout Section 01 78 22 Fixed Equipment Inventory Section 01 78 23 Operating and Maintenance Data Section 01 78 36 Warranties and Bonds Section 01 78 39 Record Documents
OLIN HALL 103,105,107 TABLE OF CONTENTS LAB RENOVATION Page 2
DRAWINGS T-001 TITLE SHEET
ARCHITECTURAL A-001 CODE COMPLIANCE PLAN, GENERAL NOTES, AND ABBREVIATIONS A-101 PLANS AND 3D OVERVIEWS A-102 EQUIPMENT SCHEDULE AND PLATFORM DETAILS FIRE PROTECTION FP-001 FIRE PROTECTION SCOPE OF WORK, GENERAL NOTES, AND SCHEDULES FP-101 PARTIAL FIRST FLOOR DEMOLITION AND CONSTRUCTION PLANS PLUMBING P-001 SCOPE OF WORK, GENERAL NOTES, SCHEDULES, AND SYMBOL LEGENDS
P-101 PARTIAL FIRST FLOOR DEMOLITION AND CONSTRUCTION PLANS P-401 PROCESS GAS PIPING SCHEMATIC DETAIL
MECHANICAL M-001 SCOPE OF WORK, GENERAL NOTES, SUBMITTAL SCHEDULE, AND SYMBOL LEGENDS
M-101 PARTIAL FIRST FLOOR DEMOLITION AND CONSTRUCTION PLANS M-102 PARTIAL FOURTH FLOOR CONSTRUCTION PLAN M-401 SEQUENCE OF OPERATION AND CONTROL GRAPHICS M-501 SCHEDULES, DETAILS, AND ELEVATIONS ELECTRICAL
E-001 GENERAL NOTES AND SYMBOL LEGENDS E-101 POWER, DATA, LIGHTING, AND FIRE ALARM PARTIAL FIRST FLOOR PLAN
END OF DOCUMENT
Rev. 9-2016 INSTRUCTIONS TO BIDDERS INS-1
INSTRUCTIONS TO BIDDERS Project: Olin Hall 103,105,107 Lab Renovation Owner: Cornell University Ithaca, New York 14853 Architect: Cornell University Facilities Engineering 201 Humphreys Service Building Ithaca, New York 14853-3701 1. BID DOCUMENTS The Bid Documents provided electronically by the Owner will consist of the following: (1) Instructions to Bidders. (2) Bid Proposal Certification Form. (3) General Conditions of the Contract and Division 1 - "General Requirements", and Supplemental Conditions. (4) Drawings and Specifications. (5) Addenda and/or bulletins issued prior to date of opening of Proposals.
Bid Documents are available electronically in the eBuilder Bid Portal under the Bid Package Invitation – Invitation Documents Tab. Dataflow, Inc. maintains the current set of Documents and all addenda and is the contracted supplier for printed plans and specifications for this project. Contact Dataflow at CUProjects@goDataflow.com. Bid Documents Terms of Use / Disclaimer - By accessing and/or using the Cornell University Document Files, You accept without limitation or qualifications, the following Terms of Use: a. Cornell University grants You the permission to use and view the Document Files subject to these Terms of Use. b. Except in connection with preparing your bid, You may not modify, copy, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, materials, drawings, content, products or services from the Document Files (together "Content") in any form without Cornell University's prior written permission. You may print out a copy or download Content solely for Your internal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
Rev. 9-2016 INSTRUCTIONS TO BIDDERS INS-2
c. You may not provide parts of or full sets of Document Files to any planhouse or online document repositories. d. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Document Files are registered and unregistered Trademarks of Cornell University and others. Nothing contained on the Document Files should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Document Files without the written permission of Cornell University or such party that may own the Trademark. Your use of the Trademarks displayed on the Document Files, or any other content, except as provided in these Terms of Use, are strictly prohibited. 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS a. Each Bidder shall acquaint themselves with location conditions as they exist, as well as the character of the necessary work to be carried out under the proposed Contract. A Pre-Bid Zoom meeting will be scheduled and include: a review of project related information, an opportunity to ask and receive responses to Bidder questions, and make such inquiries as are necessary to fully understand the subject facilities, physical conditions and/or restrictions attendant to the work under the Contract. b. Boring information, water levels, indications of sub-surface conditions and similar information given on the Drawings or in the Specifications are furnished only for the convenience of the Bidders. The Owner, Architect and Consulting Engineer make no representation regarding the character and extent of the soil data or other sub-surface conditions to be encountered during the work and no guarantee as to the accuracy or validity of interpretation of such data or conditions is made or intended. c. Each Bidder shall also thoroughly examine and become familiar with the Drawings, Specifications and associated Bid Documents. d. By submitting a Bid, the Bidder covenants and affirms that the Bidder has carefully examined all of the Bid Documents including Drawings, Specifications, and the Addenda and Bulletins, if any, as well as posed any questions associated with the Site, and that Bidder is satisfied as to the nature and location of the work, the general and local conditions, and all matters which may in any way affect the work or its performance. 3. DISCREPANCIES a. Should a Bidder find discrepancies in or omissions from the Drawings, Specifications and associated Bid Documents, or be in doubt as to their meaning, Bidder shall at once enter the item in the Q&A Board of the eBuilder Bid Portal and an Addenda with written instructions will be sent to all bidders. Neither the Owner nor the Architect will be responsible for oral instructions. Every request for such interpretation should be in writing and entered into the eBuilder Bid Portal Q&A Board. Inquiries received in advance of the deadline established at the Pre-Bid conference will be given consideration.
Rev. 9-2016 INSTRUCTIONS TO BIDDERS INS-3
4. PRE-BID CONFERENCE a. A virtual pre-bid conference has been scheduled for 9:00AM, August 28, 2020, via Zoom at: https://cornell.zoom.us/j/97843522197?pwd=NUpuVVVuTG4zaEdPelhqcVpoYW03UT09 A Pre-bid walkthrough is schedule for 1:00PM on August 28, 2020, and will begin at South Entrance of Olin Hall. The Zoom meeting will be to review project related information and respond to Bidder questions. The Pre-Bid Conference is designed to assist Bidders in understanding the Contract Documents, the opportunity to pose clarifying questions or make inquiries regarding Contract Documents. Results will be published in an Addendum. 5. BID SUBMISSION Bid Submissions must include the following: a. Base Bid entered into the eBuilder Portal broken down per the Bid Scope Tab Schedule of Values (Step 1: Bid Form of the Response Form tab). b. Additional Required Information: 1. Bid Proposal Certification Form 2. Bid Bond 3. Bond Surety Company 4. Bonding Rate for Change Orders 5. Proposed Project Team and Resumes 6. Proposed Project Schedule 7. Substitutions c. Bid Proposal Certification Form: The Bid Proposal Certification Form shall be signed by the Principal(s) or Officer(s) legally authorized to bind the Bidder, and to execute such documents on behalf of their respective firms or organizations, and the Certificates included in the Bid Proposal Certification Form shall be completed accordingly. Bidder's legal name should be fully and accurately stated. Completed form shall be without interlineation, alterations, or erasures unless initialed and dated by the signer; Owner expressly reserves the right to accept or reject any or all bids, and to waive irregularities or informalities in its sole and reasonable discretion. d. Bid Bond: Each Bidder will be required to furnish a Bid Bond electronically via the eBuilder Bid Portal in the amount of 10% of the Bid Amount. Such Bid Bond shall guarantee that the Bidder will execute the Contract if it is awarded to him in conformity with his Proposal. Such Proposal Guarantee Bond shall include a statement that the Insurer shall, at the option of the Bidder, be willing to provide to the Bidder the Contract Bonds as described in 13 below.
Rev. 9-2016 INSTRUCTIONS TO BIDDERS INS-4
6. SALES AND USE TAX EXEMPTION a. The Owner, Cornell University, a non-profit educational institution, is exempt from payment of certain Sales and Use Taxes.
7. FEDERAL EXCISE TAX a. The Owner, Cornell University, a non-profit educational institution, is exempt from payment of certain Federal Excise Taxes.
8. TAX EXEMPT STATUS a. Bidders shall inform all prospective subcontractors and suppliers from whom they expect to obtain proposals or quotations of the tax-exempt status of the Owner as set forth above and request that they reflect anticipated tax credits in their proposals or quotations.
9. EXEMPTION CERTIFICATES a. At the Contractor's request, following the award of a Contract, Contractor exempt purchase certificates will be furnished by the Owner to the Contractor with respect to such tax-exempt articles or transactions as may be applicable under the Contract. 10. TRADE SUBCONTRACTORS, MATERIAL SUPPLIERS a. Each portion of the work shall be performed by an organization equipped and experienced to do work in that particular field, and no portion of the work shall be reserved by the Bidder to himself unless he is so equipped and experienced. Subcontracts shall be awarded only to parties satisfactory to the Owner and the Architect. Each subcontractor and materials supplier shall be approved individually. b. In the spaces provided in the eBuilder Bid Portal Bid Scope form, the Bidder shall list all portions of the work he proposes to perform directly with his own forces. c. A list of names from which the Bidder proposes to select subcontractors, materials suppliers, and/or manufacturers for the principal trades or subdivisions of the work is required as part of the Proposal. d. In the Bid Scope Tab in the eBuilder Bid Portal, a list of the principal trades or subdivisions of the work for which such a listing is required, together with the provisions which govern the listing, selection and approval of principal subcontractors. 11. UNIT PRICES The Bidder agrees, if awarded the Contract, to perform work "In addition to" or "deducted from" the scope of the Contract Documents as directed by the Owner and/or Architect, computed in accordance with the unit prices, which prices include all overhead, profit and other expense items in connection therewith, subject to the terms of the Contract Documents. a. Certain Unit Prices may be requested. If requested, a form will be attached to these instructions and will need to be completed and uploaded to the eBuilder Bidding Portal Response Form – Step 3 – Additional Required Information Custom Fields. All Bidders are required to bid on all Unit Prices without exception.
Rev. 9-2016 INSTRUCTIONS TO BIDDERS INS-5
b. All unit prices include the installation or omission, complete for each item, together with all work in connection therewith and shall include all shoring, bracing, dewatering and other incidental work. c. Unit prices shall be the total compensation for the item and includes all overhead, profit and any other charges of the Contractor and/or subcontractor in connection therewith. d. Adjustments will be computed on net variation of total quantities of like items. e. The Owner reserves the right to accept or reject any or all of the unit prices listed below prior to the execution of the Contract. 12. SUBSTITUTIONS a. Proposals shall conform to the requirements of the Bid Documents. b. The Bidder may offer substitutions for any item of material or equipment, element of work, or method of construction set forth in the Bid Documents, with the exception of Form of Contract, General Conditions and General Requirements - Division 1, are to be entered into the eBuilder Bid Portal Response Form – Step 3 – Additional Required Information Custom Fields by listing each proposed substitution, together with the amount to be deducted from the Base Bid if the substitution is accepted on the form supplied with these instructions. However, the Bidder is cautioned to make his base proposal on the materials and items specified by name or other particular reference. 13. ALTERNATE PROPOSALS a. Certain Alternate Proposals may be requested by the Owner and are included in the General Requirements. They will be listed in the Bid Scope Tab in the eBuilder Bid Portal. All Bidders are required to bid on all Alternates without exception. b. Alternate Proposals shall include all overhead, profit and other expenses in connection therewith. 14. METHOD OF SUBMISSION a. Base Bid shall be prepared and electronically submitted via the eBuilder Bid Portal. All required fields and attachments in the eBuilder Bid Portal must be completed. b. Bid Proposal Certification Form shall be prepared electronically submitted as an attachment via the eBuilder Bid Portal Response Form – Step 3 – Additional Required Information Custom Fields. c. Completed and responsive Bid Proposals shall be submitted through the eBuilder Bid Portal no later than 2:00PM on September 16, 2020. d. Bid Proposals shall not contain any recapitulation of the work to be done. No oral, written, electronic or telephonic proposals, or modifications will be considered.
Rev. 9-2016 INSTRUCTIONS TO BIDDERS INS-6
15. BID OPENING a. Completed and responsive Bid Proposals will be opened electronically via eBuilder Bid Portal. Responsive Bid results will be posted to the Facilities Contracts website at:
https://finance.fs.cornell.edu/contracts/pob/projects.cfm The Owner reserves the right to postpone the date and time of opening of proposals at any time prior to the date and time announced in this Instruction to Bidders or amendments thereto. 16. AWARD OF CONTRACT a. It is the intent of the Owner to enter into a Contract with one General Contractor for the entire project. All labor and services and materials and supplies, etc. are to be provided in accordance with the Contract. b. Award of the Contract shall be made to the bidder submitting the lowest responsive and responsible base bid who, in the opinion of the Owner, is qualified to perform the work. The competence and responsibility of the Bidders' proposed principal subcontractors will be considered in making the Award. c. The Owner reserves the right to reject any or all Proposals, and to waive any informalities in Bidding. Contract award shall be subject to approval of Cornell University’s Contractors Qualification Statement. d. Bidder expressly warrants and commits that its Proposal shall remain unchanged and in full force and effect at the Owner’s option for a period of not less than ninety (90) calendar days following the bid opening date. e. Bidders may submit, recall, modify, resubmit or withdraw their Bids through the eBuilder Bid Portal up until the Bid Due Date and Time. f. The Owner reserves the right to accept any of the Alternate Proposals listed within Thirty (30) calendar days following the award of a construction contract or such other time as may be agreed to by the Owner and Contractor. 17. SCHEDULE OF VALUES a. The successful Bidder shall submit a complete "Schedule of Values" showing the amounts allocated to the various trades, suppliers, subcontractors, installers and General Contractor's work, aggregating the total sum of the Contract. If requested by the Owner or Architect, the complete "Schedule of Values" shall be submitted prior to award of Contract. 18. PERFORMANCE AND LABOR AND MATERIALS PAYMENT BONDS Prior to commencement of on-site construction activities, the successful Bidder shall furnish the Owner with "Performance" and “Labor and Material Payment Bonds", each in the amount of 100% of the Contract Price. Each of these Bonds are to be in a form with such sureties as the Owner may approve. The cost of such bonds shall be included in the Bidders Proposal.
Rev. 9-2016 INSTRUCTIONS TO BIDDERS INS-7
19. START OF WORK a. Upon discontinuance or modification of applicable civil order(s) (e.g., NY State Executive Order(s)) permitting commencement of the subject Work or the Project has been deemed essential, construction activities on-site shall be started within seven (7) calendar days. Bidder further agrees to achieve substantial completion within the established Project Duration Schedule. 1. Work shall be completed within seventy-five (75) Calendar days from the commencement of construction activities on site. 2. NOTE: Prior to commencement of any on-site construction activities, the successful Bidder shall: i. Furnish the Owner with fully executed and satisfactory Payment and Performance bonds. No on-site construction activities may commence until executed and satisfactory bonds are in place for the subject project. ii. Furnish the Owner with safety plan related to COVID-19 pandemic b. The construction schedule and completion are critical. The Contractor shall provide adequate labor and equipment in the Bid to ensure that no slippage of the schedule will occur.
20. ADDENDA AND BULLETINS a. Bidders must acknowledge in Step 3 of the Bid Response in the eBuilder Bid Portal each Addendum and/or Bulletin issued during the bidding period. 21. REQUIRED POST-AWARD SUBMISSIONS BY THE APPARENT LOW BIDDER a. Within fourteen days after bid opening: (1) Use of Minority and Female Vendor Forms (2) Summary of Bid Activity with Minority and Female Subcontractors/Vendors (3) Six-Month Workforce Projection b. Upon Execution of Contract: (1) Insurance Certificate (2) Performance Bond (3) Labor and Material Payment Bond (4) Schedule of Work (bar chart) (5) Federal Tax Identification Number END OF SECTION
BID PROPOSAL CERTIFICATION FORM BF-1
OLIN HALL 103, 105, 107 LAB RENOVATION Cornell University, Ithaca, New York BID PROPOSAL CERTIFICATION FORM
Vendor Name:
Type of Firm, State of Incorporation if Applicable
Street Address, City, State, Zip
Having carefully examined the Instructions to Bidders, the "Conditions of the Contract" (General, Division
1 - "General Requirements"), Supplemental Conditions, the Drawings, Specifications and associated Bid Documents dated August 11, 2020 prepared by Cornell University, Facilities Engineering, 201 Humphreys Service Building, Ithaca, New York 14853-3701, as well as the premises and conditions affecting the work, proposes to furnish all material, equipment, labor, plant, machinery, tools, supplies, services, applicable taxes and specified insurance necessary to perform the entire work, as set forth in, and in accordance with the said documents.
1. Receipt of the Addenda to the Terms and Conditions, Drawings or Specifications has been acknowledged in the eBuilder Bid Portal. 2. Minority and Women’s Business Enterprises (M/WBEs)
a. The undersigned shall, if awarded the Contract, endeavor to include both Minority and Women Owned Business Enterprises participation and to demonstrate a “good faith effort” with respect to these requirements. Goals shall be as follows:
• A goal of 2.1% for Minority-Owned Business Enterprise participation shall be applied as follows: a maximum of one-third (1/3) of the goal may be applied to purchases of materials, supplies, and equipment from MBEs.
• A goal of 2.3% for Women-Owned Business Enterprise participation shall be applied as follows: a maximum of one-third (1/3) of the goal may be applied to purchases of materials,
supplies, and equipment from WBEs. 3. Milestone Dates a. Upon project being deemed essential or discontinuance or modification of applicable civil order(s) (e.g., NY State Executive Order(s)) permitting commencement of the subject Work, construction activities on-site shall be started within seven (7) calendar days. Bidder agrees to achieve substantial completion within the established Project Duration. i. Work shall be completed within (75) Calendar days from the commencement of construction activities on site.
BID PROPOSAL CERTIFICATION FORM BF-2
b.The Contractor shall provide adequate labor and equipment in the Bid to ensure that no slippage
of the schedule will occur. Contractor shall attach a Project Duration Schedule to this formthat meets the duration established.
c.Following are additional Milestone Dates:
d.The undersigned agrees, if awarded the Contract, to furnish a "Construction Progress Schedule"consistent with the agreed upon Construction Duration showing the starting and completiondates for all principal trades and subdivisions of the Work, together with such additional
information related thereto as may reasonably be required. Such schedule shall be inconformance with General Requirements, Section 01 32 16, 1.3, A.
4. Proposed Principal Subcontractors
a.The undersigned agrees, if awarded the Contract, to employ subcontractors from the list
submitted in the eBuilder Bid Portal Response Form – Step 3 – Additional RequiredInformation Custom Fields subject to the following provisions:
i.The Owner and Architect reserve the right to review the list of "Proposed PrincipalSubcontractors" prior to the award of the Contract, and to delete from it the name ornames of any to whom they may have a reasonable objection. The Contractor maymake the final selection of principal subcontractors at his option from the resulting listafter the award of the Contract.
5.Contractor Team:
a. The Owner reserves the right to reject the names of any Project Manager or Superintendentprovide in the eBuilder Bid Portal submission to whom they have a reasonable objection.
6. Bonds
a.Bid Bond. A Bid Bond in the amount of a minimum of 10% of Bid Amount is attached to the
eBuilder Bid Portal Response Form – Step 3 – Additional Required Information Custom Fields.
b.Performance and Payment Bonds. Prior to commencement of any on-site constructionactivities, the undersigned expressly agrees if awarded the Contract, to deliver to Ownerexecuted "Performance" and "Labor and Material Payment Bonds" in such forms as areacceptable to the Owner and in an amount equal to 100% of the Contract Sum.
c.Such bonds will be furnished by the Surety entered into the eBuilder Bid Portal Response Form–Step 3 – Additional Required Information Custom Fields.
Completion of Lab 105 and 107 within twenty-five (25) calendar days from commencement of construction activities to allow occupancy for lab use. Lab 107 is an active lab, so
coordination with lab user is critical. Amended per Addendum #2 issued 9/9/2020
BID PROPOSAL CERTIFICATION FORM BF-3
d.Bonding Rate for Change Orders has been entered into the eBuilder Bid Portal Response Form
–Step 3 – Additional Required Information Custom Fields.
7. Bid Scope - Schedule of Values
a.The undersigned agrees, prior to the award of a construction contract and upon the request ofthe Architect or Owner, to submit a complete, itemized and detailed "Schedule of Values"
including Alternates elected, if any, showing the amount allocated to the various trades andsubdivisions of the work, aggregating to the total Contract Sum submitted in the eBuilder BidPortal.
8. Substitutions
a.The Base Bid is predicated on compliance with the Drawings and Specifications withoutsubstitutions.
b.The Bidder may offer substitutions for any item noted in the Specifications, with the exceptionof Form of Contract, General Conditions and General Requirements - Division 1.
c.Any Substitutions are to be entered into the eBuilder Bid Portal Response Form – Step 3 –Additional Required Information Custom Fields by listing each proposed substitution, together
with the amount to be deducted from the Base Bid if the substitution is accepted.
d.The Owner reserves the right to accept or reject any proposed substitution.
e.The sum stated includes any modifications of work or additional work that may be required byreason of acceptance of substitution. Substitute materials must be approved and accepted bythe Owner in writing before same may be used in lieu of those named in the Specifications.
9.Unit Price Schedule
a.The undersigned agrees, if awarded the Contract, to perform work "In addition to" or "deductedfrom" the scope of the Contract Documents as directed by the Owner and/or Architect,computed in accordance with the unit prices form uploaded in the eBuilder Bid Portal ResponseForm – Step 3 – Additional Required Information Custom Fields, which prices include alloverhead, profit and other expense items in connection therewith, subject to the terms of the
Contract Documents.
b.All unit prices include the installation or omission, complete for each item, together with allwork in connection therewith and shall include all shoring, bracing, dewatering and otherincidental work.
c.Adjustments will be computed on net variation of total quantities of like items.
d.The Owner reserves the right to accept or reject any or all of the unit prices entered into theeBuilder Bid Portal Response Form – Step 3 – Additional Required Information Custom Fieldsprior to the execution of the Contract.
BID PROPOSAL CERTIFICATION FORM BF-4
10.Acceptance
a.The undersigned agrees that the amount submitted for the Base Bid and any Alternates andUnit Pricing along with the required attachments in the Response Form – Step 3 – AdditionalRequired Information Custom Fields submitted in the eBuilder Bid Portal have been reviewed
and are accurate.
b.The undersigned acknowledges as Contractor to be and remain exclusively in control of the
Project site and Work, as well as the Project’s Health & Safety Plan, measures, and/orprotocols, for the duration of construction activities.
i.The undersigned acknowledges receipt of Supplemental Conditions to the Contractsurrounding Contractor Response and Health & Safety Protocols for COVID-19, orother viral, bacterial, or microbial presence (as applicable).
ii.The undersigned acknowledges that no one will be permitted on the job site until theHealth & Safety Plan has been submitted.
c.It is understood and agreed that the Owner expressly reserves the right to accept or reject anyor all bids, and to waive irregularities or informalities in its sole and reasonable discretion.
d.Upon acceptance of Bidder’s Proposal, Bidder expressly agrees and affirms to hold itsunchanged Bid Proposal for ninety (90) calendar days. The undersigned will execute an
Agreement between Contractor and Owner, amended and/or supplemented, if required, inaccordance with the Proposal as accepted. Nothing contained herein shall preclude Bidder andOwner from mutually agreeing upon a Contract based upon the unchanged Bid Proposal if the
time elapsed from Award is in excess of ninety (90) calendar days.
e.The undersigned acknowledges the following Addendum(s) (as applicable):
f.It is understood and agreed that award of the Contract shall be made to the Bidder submittingthe lowest responsive and responsible bid who, in the sole discretion of the Owner, is qualifiedto perform the Work.
g.The undersigned agrees to furnish Owner satisfactory and executed Performance and PaymentBonds prior to the commencement of any Work on-site.
h.Alternates:
1.The undersigned, if awarded the Contract, proposes to perform work in addition to or inplace of the scope of the work shown and specified herein associated with the Base Bid inaccordance with the Alternate Proposals, which amounts are to be added or deducted to the
amount of the Base Bid as indicated for the Alternates specified in Division 1 of theSpecifications.
Addendum No. __ dated ____.
BID PROPOSAL CERTIFICATION FORM BF-5
2.It is understood that the Owner reserves the right to accept or reject any of the AlternateProposals provided in the eBuilder Bid Portal within thirty (30) calendar days followingthe award of a construction contract or such other time as may be agreed to by the Ownerand Contractor.
The following documentation is required to be submitted electronically in the eBuilder Bidding Portal
Response Form – Step 3 – Additional Required Information Custom Fields
Bid Proposal Certification Form (this Form) signed and executed
Project Duration Schedule
Bid Bond
Proposed Project Team Resumes
(Bidder)
By:
Title:
Business Address:
Dated:
BID PROPOSAL CERTIFICATION FORM BF-6
CERTIFICATE OF NON-COLLUSION
By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief:
a.The prices in this bid have been arrived at independently without collusion, consultation,communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor.
b.Unless required by law, the prices that have been quoted in this bid have not beenknowingly disclosed, directly or indirectly, by the bidder and will not knowingly be disclosed by the bidder to any other bidder or any competitor prior to opening.
c.No attempt has been made or will be made by the bidder to induce any other persons,partnership, or corporation to submit or not submit a bid for the purpose of restricting competition.
(Bidder)
By:
Title:
Dated:
BID PROPOSAL CERTIFICATION FORM BF-7
CERTIFICATE AS TO CORPORATE BIDDER
I, _____________________________________________________, certify that I am the
_____________________________ of the Corporation named as Bidder within this Bid Form for General
Contractors; that __________________________________, who signed said Bid Form on behalf of the
bidder was then _______________________________ of said Corporation; that I know his signature; that
his signature thereto is genuine and that said Bid Form and attachments thereto were duly signed and
executed for and on behalf of said Corporation by authority of its governing body.
(Secretary-Clerk)
Dated:
Rev 12.2018
G E N E R A L C O N D I T I O N S FOR OLIN HALL 103, 105, 107 LAB RENOVATION CORNELL UNIVERSITY ITHACA, NEW YORK
i Rev 12.2018
GENERAL CONDITIONS TABLE OF CONTENTS Page ARTICLE 1 INTERPRETATION OF CONTRACT DOCUMENTS Section 1.01 Owner 1 Section 1.02 Meaning and Intent of Specifications, Plans and Drawings 1 Section 1.03 Order of Precedence 1 ARTICLE 2 CONTRACTOR Section 2.01 Contractor's Obligations 2 Section 2.02 Contractor's Title to Materials 2 Section 2.03 "Or Equal" Clause 2 Section 2.04 Quality, Quantity and Labeling 3
Section 2.05 Superintendence by Contractor 3 Section 2.06 Subsurface or Site Conditions 4 Section 2.07 Representations of Contractor 4
Section 2.08 Verifying Dimensions and Site Conditions 4 Section 2.09 Copies of Contract Documents for Contractors 5 Section 2.10 Meetings 5
Section 2.11 Related Work 5 Section 2.12 Surveys and Layout 5 Section 2.13 Errors, Omissions or Discrepancies 5 Section 2.14 Project Labor Rates 6 Section 2.15 Daily Reports 6 ARTICLE 3 INSPECTION AND ACCEPTANCE Section 3.01 Access to the Work 6 Section 3.02 Notice for Testing 6 Section 3.03 Inspection of Work 7
Section 3.04 Inspection and Testing 7 Section 3.05 Defective or Damaged Work 7 Section 3.06 Acceptance 7
ARTICLE 4 CHANGES IN WORK
Section 4.01 Changes 8 Section 4.02 Claims for Extra Work 11 Section 4.03 Form of Change Orders 12
ARTICLE 5 TIME OF COMPLETION Section 5.01 Time of Completion 12
ii Rev 12.2018
TABLE OF CONTENTS Page ARTICLE 6 TERMINATION Section 6.01 Termination for Cause 13
Section 6.02 Termination for Convenience of Owner 13 Section 6.03 Owner's Right to do Work 13 ARTICLE 7 DISPUTES Section 7.01 Disputes Procedure 14 ARTICLE 8 SUBCONTRACTS Section 8.01 Subcontracting 15 ARTICLE 9 COORDINATION AND COOPERATION Section 9.01 Cooperation with Other Contractors 15
ARTICLE 10 PROTECTION OF RIGHTS, PERSONS AND PROPERTY
Section 10.01 Accidents and Accident Prevention 16 Section 10.02 Adjoining Property 17 Section 10.03 Emergencies 17 Section 10.04 Bonds 17 Section 10.05 Risks Assumed by the Contractor 18 Section 10.06 Contractor's Compensation and Liability Insurance 18 Section 10.07 Liability Insurance of the Owner 20 Section 10.08 Owner's and Contractor's Responsibilities for Fire and Extended Coverage Insurance Hazards 20 Section 10.09 Effect of Procurement of Insurance 21 Section 10.10 No Third Party Rights 21
ARTICLE 11 USE OR OCCUPANCY PRIOR TO ACCEPTANCE BY OWNER Section 11.01 Substantial Completion 21 Section 11.02 Occupancy Prior to Acceptance 21 ARTICLE 12 PAYMENT Section 12.01 Provision of Payment 22 Section 12.02 Stored Materials & Equipment 23 Section 12.03 Retention 24 Section 12.04 Withholding Payments 24 Section 12.05 Documents and Conditions Precedent to Final Payment 25 Section 12.06 Final Payment and Release 26
iii Rev 12.2018
TABLE OF CONTENTS Page ARTICLE 13 TAX EXEMPTION Section 13.01 Tax Exemption 26
ARTICLE 14 GUARANTEE Section 14.01 Guarantee 27 ARTICLE 15 STANDARD PROVISIONS Section 15.01 Provisions Required by Law Deemed Inserted 27 Section 15.02 Laws Governing the Contract 27 Section 15.03 Assignments 27 Section 15.04 No Third Party Rights 28
Section 15.05 Waiver of Rights of Owner 28 Section 15.06 Limitation on Actions 28 Section 15.07 Owner's Representative 28
ARTICLE 16 MINORITY AND WOMEN BUSINESS ENTERPRISES
Section 16.01 Definitions 28 Section 16.02 Participation by Minority and Women Business Enterprises 28 Section 16.03 MWBE Utilization Plan 29 Section 16.04 Reports and Records 29 ARTICLE 17 ACCOUNTING, INSPECTION AND AUDIT 30 ARTICLE 18 CONTRACTOR PERFORMANCE EVALUATION 30 ARTICLE 19 ROYALTIES AND PATENTS 30
ARTICLE 20 CONFIDENTIALITY AND USE OF OWNER'S NAME Section 20.01 Release of Information 31 Section 20.02 Confidential Information 31 Section 20.03 Use of Owner's Name 31
ARTICLE 21 CORNELL UNIVERSITY STANDARDS OF ETHICAL CONDUCT 32
iv Rev 12.2018
EXHIBITS A Change Order Documentation Instructions Construction Contract Change Order Request Construction Contract Change Order Summary
B Final Release C Guarantee D Form I MWBE Utilization Plan
Form II Contractor’s Affirmative Action Plan Form III Affirmative Action Workforce Report E Labor Rate Breakdown F Stored Materials Invoicing Documentation G Contractor Performance Evaluation
1 Rev 12.2018
ARTICLE 1 -- INTERPRETATION OF CONTRACT DOCUMENTS Section 1.01 - Owner
A. The Owner is Cornell University as identified in the Agreement and referred to throughout the Contract Documents as the "Owner" or "Cornell University".
B. Ownership of Documents: All drawings, specifications, computations, sketches, test data, survey results, photographs, renderings and other material relating to the Work, whether furnished to or prepared by the Contractor, are the property of Cornell University. The Contractor shall use such materials or information therefrom only in connection with the Work of this Contract. When requested, the Contractor shall deliver such materials to Cornell University. C. The Owner shall give all orders and directions contemplated under the Contract relative to the execution of the Work. The Owner shall determine the amount, quality, acceptability, and fitness of the Work and shall decide all questions which may arise in relation to said Work. The Owner's estimates and decisions shall be final except as otherwise expressly
provided. D. Any differences or conflicts concerning performance which may arise between the
Contractor and other Contractors performing Work for the Owner shall be adjusted and determined by the Owner.
E. The table of contents, titles, captions, headings, running headlines, and marginal notes contained herein and in said documents is intended to facilitate reference to various provisions of the Contract Documents and in no way affect the interpretation of the provisions to which they refer. Section 1.02 - Meaning and Intent of Specifications, Plans and Drawings The meaning and intent of all specifications, plans and drawings shall be determined in a manner approved by the Owner. Section 1.03 - Order of Precedence
A. Should a conflict occur in or between or among any parts of the Contract Documents that are entitled to equal preference, the more expensive way of doing the Work, the better quality or greater quantity of material shall govern, unless the Owner otherwise so directs in writing.
B. Drawings and specifications are reciprocal. Anything shown on the plans and not mentioned in the specifications, or mentioned in the specifications and not shown on the plans, shall have the same effect as if shown or mentioned in both. C. Requirements of reference standards form a part of these specifications to the extent indicated by the reference thereto. When provisions of reference standards conflict with provisions in these specifications, the specifications shall govern.
2 Rev 12.2018
ARTICLE 2 -- CONTRACTOR Section 2.01 - Contractor's Obligations
A. The Contractor shall, in good workmanlike manner, perform all the Work required by the Contract within the time specified in the Contract. The Contractor shall comply with all terms of the Contract, and shall do, carry on, and complete the entire Work to the satisfaction of
the Owner. 1. All labor for this project which is normally under the jurisdiction of one of the local unions as covered in the contract between the Tompkins-Cortland Building Trades Council, Maintenance Division and Cornell University shall be performed by Union labor. B. The Contractor shall furnish, erect, maintain, and remove such construction plant and such temporary Work as may be required. C. The Contractor shall provide and pay for all labor, material, tools, equipment,
machinery, as well as utility connections, transportation, and all other facilities and services necessary for the proper execution and completion of the Work, except as otherwise specified elsewhere in the Contract Documents.
D. Whenever a provision of the Specifications conflicts with agreements or regulations in force among members of trade associations, unions, or councils which regulate or
distinguish what work shall or shall not be included in the work of a particular trade, the Contractor shall make all necessary arrangements to reconcile such conflict without delay, damage, or cost to the Owner and without recourse to the Architect or the Owner. In case progress of the Work is affected by undue delay in furnishing or installing items of material or equipment required under the Contract because of a conflict involving such agreement or regulations, the Owner or the Architect may require that other material or equipment of equal kind and quality be provided at no additional cost to the Owner. Section 2.02 - Contractor's Title to Materials A. The Contractor warrants that the Contractor has full, good and clear title to all
materials and supplies used by the Contractor in the Work, free from all liens, claims or encumbrances. B. All materials, equipment and articles which become the property of the Owner shall be new unless specifically stated otherwise.
Section 2.03 - "Or Equal" Clause A. Whenever a material, article or piece of equipment or method is identified on the plans or in the specifications by reference to manufacturers' or vendors' names, trade name, catalogue number, or make, no others may be substituted. Any and all other "Or Equal"
considerations will be handled under this Section in accordance with General Requirements, Section 01 25 00.
3 Rev 12.2018
B. Where the Architect approves a product proposed by the Contractor and said
proposed product requires a revision or redesign of any part of the Work covered by this Contract, or the Work covered by other contracts, all said revision or redesign, and all new drawings and details required therefor shall be provided by the Contractor and shall be approved by the Architect.
All time spent by the Architect or its agents to evaluate the proposed substitution and or necessary engineering cost to accommodate the requested change shall be reimbursed to the Owner by the Contractor via the Change Order procedure.
Section 2.04 - Quality, Quantity and Labeling A. The Contractor shall furnish materials and equipment of the quality and quantity specified in the Contract. Unless otherwise provided, all materials and articles incorporated into the work shall be new and of the most suitable grade of their respective kinds for the purpose. When required by the Contract Documents or when directed by the Owner, the Contractor shall supply the Owner's Representative, for their acceptance, full information concerning any material which the Contractor contemplates incorporating into the work. Materials and articles installed or used without such acceptance shall be at the risk of subsequent rejection.
B. When materials are specified to conform to any standard, the Owner may require that the materials delivered to the Site shall bear manufacturer's labels stating that the materials meet said standards.
C. The above requirements shall not restrict or affect the Owner's right to test materials as provided in the Contract.
D. Whenever several alternative materials or items are specified by name or other particular reference for one use, the Owner's Representative may require the Contractor to submit in writing a list of the particular materials or items the Contractor intends to use before the Contract is executed. Section 2.05 - Superintendence by Contractor A. The Contractor shall employ a full-time effective, responsive and competent construction superintendent and necessary staff; the construction superintendent shall devote full time to the Work and shall have full authority to act for the Contractor at all times. The Contractor
shall provide the Owner with the names and authority of such personnel in writing. B. If at any time the superintendent is not satisfactory to the Owner, the Contractor shall, if requested by the Owner, replace said superintendent with another superintendent satisfactory to the Owner. There shall be no change in superintendent without the Owner's approval.
C. The Contractor shall remove from the Work any employee of the Contractor or of any Subcontractor when so directed by the Owner.
4 Rev 12.2018
Section 2.06 - Subsurface or Site Conditions
A. The Contractor acknowledges that it has assumed the risk and that the contract consideration includes such provision as the Contractor deems proper for all subsurface conditions
as the Contractor could reasonably anticipate encountering from the provisions of the Contract Documents, borings, rock cores, topographical maps and such other information as the Owner made available to the Contractor or from their own inspection and examination of the site prior to the
Owner's receipt of bids. B. In the event that the Contractor encounters subsurface physical conditions at the site differing substantially from those shown on or described or indicated in the Contract Documents and which could not have been reasonably anticipated from the aforesaid information made available by the Owner or from the Contractor's aforesaid inspection and examination of the site, the Contractor shall give immediate notice to the Owner of such conditions before they are disturbed. Such notice shall include probable cost and/or any impact to the schedule. The Owner will thereupon promptly investigate the conditions and if Owner finds that they do substantially differ from that which should have been reasonably anticipated by the Contractor, the Owner shall make such changes in the drawings and specifications as may be necessary and a change order shall
be issued. Section 2.07 - Representations of Contractor
The Contractor represents and warrants:
A. That the Contractor is financially solvent and is experienced in and competent to perform the Work; B. That the Contractor is familiar with all Federal, State, or other laws, ordinances, orders, building codes, rules and regulations, which may in any way affect the Work; C. That any temporary and permanent Work required by the Contract can be safely and satisfactorily constructed. D. That the Contractor has carefully examined the Contract and the Site of the Work and that, from the Contractor's own investigations is satisfied as to the nature and location of the
Work, the character, quality and quantity of surface and subsurface materials likely to be encountered, the character of equipment and other facilities needed for the performance of the Work, the general and local conditions, and all other materials or items which may affect the Work. The Contractor has correlated those observations with the requirements of the Contract Documents and has made all other investigations essential to a full understanding of the Work and the difficulties which may be encountered in performing the Work.
Section 2.08 - Verifying Dimensions and Site Conditions A. The Contractor shall take all measurements at the Site and shall verify all dimensions and site conditions at the Site before proceeding with the Work. If said dimensions or
conditions are found to be in conflict with the Contract, the Contractor immediately shall refer said conflict to the Owner.
5 Rev 12.2018
B. During the progress of Work, the Contractor shall verify all field measurements
prior to fabrication of building components and equipment, and proceed with the fabrication to meet field conditions.
C. The Contractor shall consult all Contract Documents to determine exact location of all Work and verify spatial relationships of all Work. Any question concerning said location or spatial relationships shall be submitted in a manner approved by the Owner.
D. Specific locations for equipment, pipelines, ductwork and other such items of Work, where not dimensioned on plans, shall be determined in consultation with the Owner and other affected Contractors and Subcontractors. E. The Contractor shall be responsible for the proper fitting of the Work in place. F. Should failure of the Contractor to perform services under this section result in additional costs to the Owner, the Contractor shall be responsible for such additional costs. Section 2.09 - Copies of Contract Documents for Contractors
A. The Owner shall furnish to the Contractor, without charge, up to five (5) sets of Contracts Documents and one (1) set of reproducible sepias.
B. Any sets in excess of the number mentioned above may be furnished to the Contractor at the cost of reproduction and mailing.
C. All drawings, specifications, and copies thereof furnished by the Owner are the property of the Owner. They are not to be used on other work, and with the exception of the signed Contract Set, are to be returned to the Owner on request at the completion of the work. Section 2.10 - Meetings The Contractor and all subcontractors as requested shall attend all meetings as directed by the Owner or the Owner's Representative. Section 2.11 - Related Work
The Contractor shall examine the Contract for related work to ascertain the relationship of said work to the Work under the Contract. Section 2.12 - Surveys and Layout
Unless otherwise expressly provided in the Contract, the Owner shall furnish the Contractor all surveys of the property necessary for the Work, but the Contractor shall lay out the Work. Section 2.13 - Errors, Omissions or Discrepancies
The Contractor shall examine the Contract thoroughly before commencing the Work and report in writing any errors or discrepancies to the Owner or the Owner's Representative.
6 Rev 12.2018
Section 2.14 - Project Labor Rates
The Contractor shall submit to the Owner, for review and approval, within thirty (30) days after Contract is awarded all trade labor rates inclusive of fringe benefits, taxes, insurance for the
duration of the individual craft agreement in accordance with Exhibit G. Revised rates shall be provided within thirty (30) days of signing any new agreements with the individual crafts during this project.
Section 2.15 – Daily Reports The Contractor's Construction Superintendent shall submit a Daily Report to the Cornell University Project Manager or the Resident Field Engineer at the job site. Such reports shall, at a minimum, contain the following information: Name of Project Project Number Date of Report Weather Conditions
Equipment on the site Contractors on site including name and number of employees on site for each contractor Work/area and activity for each contractor
Overtime worked and planned work progress Environmental problems and corrections Other information, such as special events, occurrences, materials delivered, accidents or
injuries, recommendations, suggestions, visitors, inspections, equipment start-up and check out, occupancy, etc. ARTICLE 3 -- INSPECTION AND ACCEPTANCE Section 3.01 - Access to the Work The Owner and Architect, or their duly authorized representatives, assistants, or inspectors shall at all times and for any purpose have access to the work and the premises used by the Contractor, and the Contractor shall provide safe and proper facilities therefor. In addition, the Contractor shall, whenever so requested, give the Owner and Architect or their duly authorized representatives access to the proper invoices, bills of lading, specifications, etc., which may be required in determining the adequacy and/or quantity of materials used in completion of the work.
Section 3.02 - Notice for Testing
If the Contract Documents, laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction require any work to be inspected, tested, accepted, or approved, the Contractor shall give the Owner timely notice of its readiness and of the date arranged so the Owner may observe such inspection, testing, or approval. The Contractor shall bear all costs of such inspection, tests, and approvals unless otherwise provided.
7 Rev 12.2018
Section 3.03 - Inspection of Work
A. The Contractor will cooperate in all ways to facilitate the inspection and examination of the work. The inspections and examinations will be carried out in such a manner
that the work will not be delayed. B. All Work, all materials whether or not incorporated in the Work, all processes of
manufacturer, and all methods of construction shall be, at all times and places, subject to the inspection of the Owner and the Owner shall be the final judge of the quality and suitability of the Work. Any Work not approved by the Owner shall immediately be reconstructed, made good, replaced or corrected by the Contractor including all Work of other Contractors destroyed or damaged by said removal or replacement. C. Required certificates of inspection, testing, acceptance, or approval shall be secured by the Contractor and promptly delivered to the Owner. Section 3.04 - Inspection and Testing
All materials and equipment used in the Work shall be subject to inspection and testing in accordance with accepted standards to establish conformance with specifications and suitability for uses intended, unless otherwise specified in the Contract. If any Work shall be covered or
concealed without the approval or consent of the Owner, said Work shall, if required by the Owner, be uncovered for examination. If any test results are below specified minimums, the Owner may order additional testing. The cost of said additional testing, any additional professional services
required, and any other expenses incurred by the Owner as a result of said additional testing shall be paid by the Contractor. Reexamination of any part of the Work may be ordered by the Owner, and if so ordered the Work must be uncovered by the Contractor. If said Work is found to be in accordance with the Contract, the Owner shall pay the cost of reexamination and replacement. If said Work is found not to be in accordance with the Contract, the Contractor shall pay the cost of reexamination and replacement. Section 3.05 - Defective or Damaged Work If, in the opinion of the Owner, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the Work injured or not performed in
accordance with the Contract, the compensation to be paid to the Contractor shall be reduced by an amount which, in the judgment of the Owner, shall be deemed to be equitable. Section 3.06 - Acceptance No previous inspection shall relieve the Contractor of the obligation to perform the Work
in accordance with the Contract. No payment, either partial or full, by the Owner to the Contractor shall excuse any failure by the Contractor to comply fully with the Contract Documents. The Contractor shall remedy all defects, paying the cost of any damage to other Work resulting therefrom.
8 Rev 12.2018
ARTICLE 4 -- CHANGES IN WORK Section 4.01 - Changes A. The Owner, without invalidating the Contract, may order changes within the general scope of the Contract and the Contractor shall promptly comply with such change orders.
B. A change order is a written direction to the Contractor signed by the Owner, issued after execution of the Contract, authorizing a change in the Work, extra work, or an adjustment in the Contract price or time of performance. C. No claims for changes, extra work or additional time to complete the Contract or an adjustment in the Contract price shall be allowed unless such change is ordered in writing by the Owner. D. The Owner shall determine the amount by which the Contract consideration is to be increased or decreased by a change order by one (1) or more of the following methods:
1. By agreement with the Contractor. 2. By applying the applicable price or prices previously bid and approved.
(i) To the extent that Unit Prices are applicable, as determined by the Owner, work shall be priced and paid for or credited in accordance
with such Unit Prices; except that a Unit Price shall not apply to any portion of work which is either reduced or increased by more than 25%. Said Unit Prices shall be valid for the duration of the project as applicable, unless stipulated elsewhere in the Contract Documents. (ii) For Unit Price items, additions and deletion of like items shall be algebraically summed and then multiplied by the applicable Unit Prices. For Direct Labor and Material items, all additions and deletions shall be algebraically summed for each subcontractor and then multiplied by the applicable markup.
(iii) Unit Prices are for work complete, measured in place and cover profit and all other costs and expenses. Unit Prices include, without limit, all conditions of the contract and all general requirements such as layout, reproduction of Drawings and Specifications, testing and inspection, shop drawing and sample coordination, supervision (field and home office), small tools and expendable items, insurance, taxes,
temporary facilities and services, including access and safety, "as-built" drawings, and general and administrative overhead and profit.
9 Rev 12.2018
3. By estimating the fair and reasonable cost of:
(i) Labor, including all wages, required wage supplements and insurance required by law paid to employees below the rank of superintendent directly employed at the Site.
(ii) Materials
(iii) Equipment, excluding hand tools, which in the judgment of the Owner, would have been or will be employed exclusively and directly on the Work. When submitting change orders, equipment which is common to the project scope at hand is expected to be previously paid for as overhead / general conditions to the project. Special rental equipment or tools not common to the project that are required to perform the change order will be accepted as additional costs. 4. By determining the actual cost of the extra work in the same manner as in Subsection 3 except the actual costs of the Contractor shall be used in lieu of estimated costs.
E. Mark-up Percentages
1. Work performed by the Contractor: Where the Work is performed directly by the Contractor by adding to the total of such estimated costs a sum equal to fifteen percent (15%) thereof.
2. Work performed by a Subcontractor: Where the change order work is performed by a Subcontractor under contract with the Contractor, by adding a sum equal to fifteen (15%) of said costs for the benefit of said Subcontractor, and by adding for the benefit of the Contractor an additional sum equal to ten percent (10%) of said costs. 3. Work performed by a Sub-Subcontractor: Where work is performed by a Sub-Subcontractor, by adding the sum equal to fifteen percent (15%) of said costs for the benefit of said Sub-Subcontractor, by adding for the benefit of the Subcontractor an additional sum equal to five percent (5%) of said cost and by adding for the benefit of the Contractor an additional sum equal to five percent (5%) of said cost. The maximum aggregate of all mark-up percentages may not exceed twenty five percent (25%).
4. No Markup on Bonds and Insurance Costs: Change Order cost adjustments due to increases or decreases in bond or insurance costs (if applicable) shall
not be subject to any Markup Percentage. 5. Overtime Pay: No mark-up shall be paid on the premium portion of overtime
pay.
10 Rev 12.2018
6. Direct and Indirect Costs Covered by Markup Percentages: As a further
clarification, the agreed upon Markup Percentage is intended to cover the Contractor's profit and all indirect costs and expenses associated with the change order work. Items intended to be covered by the Markup Percentage
include, without limit: home office expenses, branch office and field office overhead expense of any kind; project management; superintendents, general foremen; estimating, engineering; coordinating; expediting;
purchasing; detailing; legal, accounting, data processing or other administrative expenses; reproduction of drawings and specifications; shop drawings and sample coordination; “as-built” drawings; permits; auto insurance and umbrella insurance; pick-up truck costs; parking permits; cellular phones; testing and inspection; temporary facilities; access and safety provisions; and warranty expense costs. The cost for the use of small tools and/or tools already in use on site are also to be considered covered by the Markup Percentage. Small tools shall be defined as tools and equipment (power or non-power) with an individual purchase cost of less than $750 7. Deduct Change Orders and Net Deduct Changes: The application of the
markup percentage will apply to both additive and deductive change orders. In the case of a deductive change order, the credit will be computed by applying the percentage so that a deductive change order would be computed
in the same manner as an additive change order. In those instances where a change involves both additive and deductive work, the additions and deductions will be netted and the markup percentage adjustments will be
applied to the net amount F. Regardless of the method used by the Owner in determining the value of a change order, the Contractor, within thirty (30) calendar days after a request for the estimate of value shall submit to the Owner a detailed breakdown of the Contractor's estimate, including all subcontractors details, of the value of the Change Order Work, in the format detailed in Exhibit A. Each submission shall include an electronic .pdf format of all documentation. G. Unless otherwise specifically provided for in a change order, the compensation specified therein includes a full payment for both the Work covered by the order and for any damage or expense incurred by the Contractor by any delays, including any delays to other Work to be done under the Contract resulting from said change order. The Contractor waives all rights to any other compensation for said damage or expense.
H. The Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the Owner shall give the Owner access to accounts and records relating thereto.
11 Rev 12.2018
Section 4.02 – Claims for Extra Work
If the Contractor claims (i) that any work it has been ordered to do is extra work or (ii) that it has performed or is going to perform extra work or (iii) that any action or omission of the Owner
or the Architect is contrary to the terms and provisions of the Contract, the Contractor shall: A. Promptly comply with such order;
B. Notwithstanding the provisions of this Agreement, Article 4 of these General Condition and any other provisions of the Contract documents to the contrary, file with the Owner, within fourteen (14) calendar days after being ordered to perform the work claimed by it to be extra work or within fourteen (14) calendar days after commencing performance of the extra work, whichever date shall be the earlier, or within fourteen (14) calendar days after the said action or omission on the part of the Owner or the Architect occurred, a written notice of the basis of its claim and request a determination thereof; C. Notwithstanding the provisions of this Agreement and any other provisions of the Contract documents to the contrary, file with the Owner, within thirty (30) calendar days after said
alleged extra work was required to be performed or said alleged extra work was commenced, whichever date shall be the earlier, or said alleged action or omission by the Owner or the Architect occurred, a verified detailed statement, with documentary evidence, of the items and basis of its
claim; D. Produce for the Owner’s examination, upon notice from the Owner, all its books
of account, bills, invoices, payrolls, subcontracts, time books, progress records, daily reports, bank deposit books, bank statements, checkbooks and cancelled checks, showing all of its actions and transactions in connection with or relating to or arising by reason of its claim, and submit persons in its employment and in its subcontractors' employment for examination under oath by any person designated by the Owner to investigate any claims made against the Owner under the Contract, such examination to be made at the offices of the Contractor; and E. Proceed diligently, pending and subsequent to the determination of the Owner with respect to any such disputed matter, with the performance of the Contract and in accordance with all instructions of the Owner and the Architect.
F. The Contractor's failure to comply with any or all parts of Section 4.02 shall be deemed to be: (i) a conclusive and binding determination on its part that said order, work, action or omission does not involve extra work and is not contrary to the terms and provisions of the Contract; and (ii) a waiver by the Contractor of all claims for additional compensation or damages as a result of said order, work, action or omission. The provisions of Section 4.02 is to promptly afford the Owner opportunity to cancel or revise any order, change its plans, mitigate or remedy
the effects or circumstances giving rise to a claim or take such other action as may seem desirable and to verify any claimed expenses or circumstances as they occur. Compliance with such provisions is essential whether or not the Owner is aware of the circumstances of any order or other circumstances which might constitute a basis for a claim and whether or not the Owner has indicated it will consider a claim in connection therewith.
G. No person has power to waive or modify any of the foregoing provisions and, in any action against the Owner to recover any sum in excess of the sum certified by the Owner to be due under or by reason of the Contract, the Contractor must allege in its complaint and prove compliance with the provisions of this Section.
12 Rev 12.2018
Section 4.03 - Form of Change Orders All change orders shall be processed, executed and approved via the Owner's E-Builder
Change Order Process. No payment for change order Work shall be due the Contractor unless a change order has been issued and approved as noted above.
ARTICLE 5 -- TIME OF COMPLETION Section 5.01 - Time of Completion A. The Work shall be commenced at the time stated in the written order of the Owner and shall be completed no later than the date of completion specified in the Contract. All required overtime to maintain progress schedule is included in the Base Bid. B. The date of beginning and the time for completion of the Work, as specified in the Contract, are essential conditions of the Contract.
C. The Work shall be prosecuted diligently at such rate of progress as shall insure full completion within the time specified. It is expressly understood and agreed, that the time for the
completion of the Work described herein is a reasonable time, taking into consideration the average climatic range and usual business and labor conditions prevailing in the locality of the Site.
D. Time is of the essence on each and every portion of the Work. In any instance in which additional time is allowed for the completion of any Work, the new time of completion established by said extension shall be of the essence. If in the Architect’s or Owner's judgment, it becomes necessary at any time during construction to accelerate and/or complete certain areas of the project, the Contractor shall concentrate efforts and manpower on designated areas. E. Where Work occurs within occupied areas, perform same only on approved schedule, so as not to interfere with normal operation of occupied areas. F. The Contractor shall not be charged with damages or any excess cost if the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension
are acceptable to the Owner. The Contractor shall not be charged with damages or any excess cost for delay in completion of the work if the Owner determines that the delay is due to:
1. any preference, priority or allocation order duly issued by the Government of the United States or the State of New York;
2. unforeseeable cause beyond the control and without the fault or negligence of the Contractor, and approved by the Owner, including, but not limited to, acts of God or of public enemy, acts of the Owner, fires, epidemics, quarantine, restrictions, strikes, freight embargoes and unusually severe weather.
13 Rev 12.2018
G. The time for completion can only be extended by change order and may be
extended for: 1. all of the Work, or
2. only that portion of the Work altered by the change order.
H. Any claim for extension of time shall be made in writing to the Owner not more than ten (10) days after the commencement of the delay; otherwise it shall be waived. ARTICLE 6 -- TERMINATION Section 6.01 - Termination for Cause In the event that any provision of this Contract is violated by the Contractor or by any Subcontractor of the Contractor, the Owner may serve written notice upon the Contractor, and upon the Contractor's surety, if any, of the Owner's intention to terminate the Contract. The notice shall
briefly state the reasons for the termination and shall specify a termination date. If arrangements satisfactory to the Owner are not made to remove and remedy the violation, the Contract shall terminate upon the date specified by the Owner in the notice. In the event of termination, the Owner
may take over and complete the Work at the expense of the Contractor. The Contractor and Contractor's surety shall be liable to the Owner for all costs thereby incurred by the Owner. In the event of such termination the Owner may take possession of and may utilize such materials,
appliances, and plant as may be located on the Site and which may be necessary or useful in completing the Work. Section 6.02 - Termination for Convenience of Owner The Owner, at any time, may terminate the Contract in whole or in part. Any said termination shall be effected by delivering to the Contractor a notice of termination specifying the extent to which performance of Work under the Contract is terminated and the date upon which said termination becomes effective. Upon receipt of the notice of termination, the Contractor shall act promptly to minimize the expenses resulting from said termination. The Owner shall pay the Contractor for costs actually incurred by the Contractor up to the effective date of said termination,
but in no event shall the Contractor be entitled to compensation in excess of the total consideration of the Contract. In the event of said termination the Owner may take over the Work and prosecute same to completion.
Section 6.03 - Owner's Right to do Work
The Owner may, after notice to the Contractor, without terminating the Contract and without prejudice to any other right or remedy the Owner may have, perform or have performed by others all of the Work or any part thereof and may deduct the cost thereof from any monies due or to become due the Contractor.
14 Rev 12.2018
ARTICLE 7 -- DISPUTES Section 7.01 - Disputes Procedure
A. If the Contractor claims that any Work which the Contractor has been ordered to perform will be Work which should have been authorized or directed by change order, or that any action or omission of the Owner is contrary to the terms of the Contract, the Contractor shall:
1. File a notice with the Owner which sets forth the basis of the Contractor's claim and requests a resolution of the dispute. Such notice shall be filed within fifteen (15) working days after being ordered to perform the disputed work or within fifteen (15) working days after commencing performance of the disputed work, whichever is earlier, or within fifteen (15) working days after the act or omission of the Owner which the Contractor claims is contrary to the terms of the Contract. 2. Proceed diligently with the performance of the work in accordance with the instructions of the Owner pending the resolution of the dispute by the
Owner. 3. Promptly comply with the order of the Owner regarding the disputed
matter. 4. Any such decision, or any other decision of the Owner in respect to a
dispute, shall be final unless the Contractor, within ten (10) working days after such decision, shall deliver to the Owner a verified written statement which sets forth the Contractor's contention that the decision is contrary to a provision of the contract. Pending the decision of the Owner, the Contractor shall proceed in accordance with the original decision. The Owner shall determine the validity of the Contractor's claim and such determination shall be final. The Contractor may file a notice with the Owner reserving its rights in connection with the dispute but shall comply with the Owner's decision and complete the work as directed. B. No claim for additional costs regarding changed or extra work shall be allowed
unless the work was done pursuant to a written order of the Owner. C. The value of claims for extra work, if allowed, shall be determined by the methods described in the Contract. Refer to Article 4 of these General Conditions. D. The Contractor's failure to comply with any or all parts of Article 7 shall be deemed
to be: 1. a conclusive and binding determination on the part of the Contractor that the order, work, action or omission is not contrary to the terms and provisions of the Contract;
2. a waiver by the Contractor of all claims for additional compensation, time extension, or damages as a result of said order, work, action or omission.
15 Rev 12.2018
ARTICLE 8 -- SUBCONTRACTS Section 8.01 - Subcontracting
A. The Contractor may utilize the services of Subcontractors. B. The Contractor shall submit to the Owner, in writing, the name of each proposed
Subcontractor and Sub-Subcontractor, as required by the Contract. The Contractor shall not award any Work to any Subcontractor or Sub-Subcontractor without the prior written approval of the Owner. C. The Contractor shall be fully responsible for the Work, acts and omissions of Subcontractors, and of persons either directly or indirectly employed by Subcontractors. D. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the Contractor by the terms of the Contract insofar as applicable to the Work of Subcontractors, indemnification and to give the Contractor the same power to terminate any subcontract that the Owner may exercise over the Contractor.
E. The Contractor's use of Subcontractors shall not diminish the Contractor's obligation to complete the Work in accordance with the Contract. The Contractor shall control and
coordinate the Work of Subcontractors. F. Nothing contained in the Contract shall create any contractual relationship between
Subcontractors and the Owner.
ARTICLE 9 -- COORDINATION AND COOPERATION Section 9.01 - Cooperation with Other Contractors A. Normally, the Work will be performed by a single Contractor. However, the Owner reserves the right to perform work related to the Work with its own forces or award separate contracts. In that event, the Contractor shall coordinate its operations with the Owner's forces or separate Contractors. B. The Owner cannot guarantee the responsibility, efficiency, unimpeded operations or performance of any contractor. The Contractor acknowledges these conditions and shall bear
the risk of all delays including, but not limited to, delays caused by the presence or operations of other contractors.
C. The Contractor shall keep informed of the progress and workmanship of other contractors and shall notify the Owner immediately of lack of progress or defective workmanship on the part of other contractors where said delay or defective workmanship may interfere with the Contractor's operations. D. Failure of a Contractor to keep so informed and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by the Contractor of said progress and workmanship as being satisfactory for proper coordination with the Work.
16 Rev 12.2018
E. If the Contractor notifies the Owner, in writing, that another contractor on the Site
is failing to coordinate the work of said contractor with the Work, the Owner shall investigate the charge. If the Owner finds it to be true, the Owner shall promptly issue such directions to the other contractor with respect thereto as the situation may require. The Owner shall not be liable for any
damages suffered by the Contractor by reason of the other contractor's failure to promptly comply with the directions so issued by the Owner, or by reason of another contractor's default in performance.
F. If the Owner shall determine that the Contractor is failing to coordinate the Work with the work of other contractors as the Owner has directed: 1. the Owner shall have the right to withhold any payments due under the Contract until the Owner's directions are complied with by the Contractor; and 2. the Contractor shall indemnify and hold the Owner harmless from any and all claims or judgments for damages and from any costs or damages to which the Owner may be subjected or which the Owner may suffer or incur by reason of the Contractor's failure promptly to comply with the Owner's directions.
G. Should the Contractor sustain any damage through any act or omission of any other contractor having a contract with the Owner or through any act or omission of any Subcontractor
of said other contractor, the Contractor shall have no claim against the Owner for said damage. H. Should any other contractor having a Contract with the Owner sustain damage
through any act or omission of the Contractor or its Subcontractor, the Contractor shall reimburse said other contractor for all said damages and shall indemnify and hold the Owner harmless from all said claims. ARTICLE 10 -- PROTECTION OF RIGHTS, PERSONS AND PROPERTY Section 10.01 - Accidents and Accident Prevention A. The Contractor shall at all times take reasonable precautions for the safety of persons engaged in the performance of the work. The Contractor shall comply fully with all applicable provisions of federal, state, and local law. The Contractor alone shall be responsible for the safety, efficiency and adequacy of the Contractor's Work, plant, appliances and methods, and for any damage which may result from the failure or the improper construction, maintenance, or
operation of said Work, plant, appliances and methods. B. The Contractor shall maintain an accurate record of all cases of death, occupational
disease, and injury requiring medical attention or causing loss of time from work, arising out of or in the course of employment on Work under the Contract, and shall immediately notify the Owner in writing of any injury which results in hospitalization or death, or significant near miss incidents that had the potential to result in serious injury or death. The Contractor shall upload all completed Contractor and Subcontractor incident investigation forms and reports within five (5) working days of the incident. The report shall include the extent of damage or injury, the persons involved and their employers, the number of days persons are hospitalized, and any other pertinent information required by Cornell University. Such reporting shall be submitted on the e-Builder Accident Form.
17 Rev 12.2018
C. The Contractor shall provide to the Project Manager, Material Safety Data Sheets
(OSHA Form 20 or the equivalent) for all chemicals to be used on site. All chemicals requiring any precautionary measures (eg. special storage or disposal requirements, personal protective equipment, or additional ventilation), shall be brought to the attention of Cornell University for
review and approval, prior to their use on site. 1. All chemicals brought on site by the Contractor shall be clearly labeled. The label
shall state the identity of the chemical, any associated hazards, and the Contractor's name. 2. All Contractor employees who are using chemicals shall be made aware of the hazards associated with their use. Safe chemical handling procedures in accordance with OSHA or other governmental agencies, and manufacturer's recommendations shall be used at all times. 3. The Contractor shall dispose of all chemicals in accordance with EPA and Cornell University requirements, regardless of the size of the container or the quantity of waste, and must receive prior approval of Cornell University.
4. A Contractor’s Waste Material Disposal Plan form is required (with or without waste) to be submitted with submission of the first payment. The form can be found
at: https://sp.ehs.cornell.edu/env/solid-waste/construction-demolition-waste/Pages/default.aspx D. The Contractor shall be responsible for the initiation, maintenance and supervision
of safety precautions and programs in connection with the Work. E. The Contractor shall, at all times, guard the Owner's property from injury or loss
in connection with the Work. The Contractor shall, at all times, guard and protect the Contractor's Work. The Contractor shall replace or make good any said loss or injury unless said loss or injury is caused directly by the Owner.
F. The Contractor shall have full responsibility to install, protect and maintain all materials and supplies in proper condition and forthwith repair, replace and make good any damage thereto until Final Acceptance. Section 10.02 - Adjoining Property A. The Contractor shall be required to protect all the adjoining property and to repair or replace any such properties damaged or destroyed by the Contractor, its employees or subcontractors thereof, by reason of, or as a result of activities under, for or related to the Contract.
Section 10.03 - Emergencies A. In case of an emergency which threatens loss or injury to persons or property, the
Contractor will be allowed to act, without previous instructions from the Owner, in a diligent manner, to the extent required to avoid or limit such loss or injury, and the Contractor shall notify the Owner immediately thereafter of the action taken.
18 Rev 12.2018
Section 10.04 - Bonds
A. Before commencing the performance of any work covered by the Contract, the Contractor shall furnish to the Owner any required Bonds. The failure of the Contractor to supply
the required Bonds within ten (10) days after the Contract signing shall constitute a default. Section 10.05 - Risks Assumed by the Contractor
A. Indemnification. The Contractor shall defend, indemnify and hold harmless the Owner and its trustees, officers, agents and employees from and against all claims, damages, losses, fines, and expenses, including reasonable attorneys' fees, arising out of or resulting from the performance of the work including, but not limited to, bodily or personal injury, sickness, disease, death, or injury or damage to tangible property, to the extent they arise out of or result from: 1. any negligent act or omission, or intentional or willful misconduct, violation of law, or breach of this Contract by the Contractor, or any of its subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, or
2. any injury to an employee of the Contractor, its subcontractors, anyone directly or indirectly employed by them. The indemnification obligation under this
section shall not be limited by the amount or type of damages, compensation or benefits payable by or for the Contractor under workers’ compensation, disability benefit or other employee benefit laws.
B. In the event that Contractor is requested but refuses to honor its indemnification obligations hereunder, then the Contractor shall, in addition to all other obligations, pay the cost, including reasonable attorneys' fees, of bringing an action to enforce such indemnification obligations. C. Neither the Owner's final acceptance of the work to be performed hereunder nor the making of any payment shall release the Contractor from its obligations under this Section. The enumeration elsewhere in the Contract of particular risks assumed by the Contractor or of particular claims for which the Contractor is responsible shall not be deemed to limit the effect of the provisions of this Section or to imply that the Contractor assumes or is only responsible for risk or
claims of the type enumerated. Section 10.06 - Contractor's Compensation and Liability Insurance
A. The Contractor shall procure and maintain, at its own cost and expense, until final acceptance by the Owner of all the work covered by this Contract, the following kinds of insurance:
1. Worker's Compensation Insurance. A policy complying with the requirements of the laws of the State of New York and any other laws that may be
applicable thereto, including Coverage B - Employer's Liability with a limit of not less than $1,000,000.
19 Rev 12.2018
2. Contractor's Comprehensive General Liability Insurance. A standard
comprehensive general liability insurance policy, with contractual, completed operations, explosion, collapse and underground property damage coverage’s issued to and covering the liability of the Contractor for all work and operations
under this Contract, all obligations assumed by the Contractor under this Contract and all damage to work performed by subcontractors on your behalf. The Contractor shall provide Broad Form Comprehensive General Liability Insurance,
and the Owner shall be an additional insured in the policy. The policy shall include cross liability coverage and shall be endorsed to indicate that it is primary coverage. The completed operations coverage’s shall be maintained for not less than two years after acceptance of the work. The coverage under such policy shall be not less than a combined single limit for Bodily Injury and Property Damage as follows, or such limits carried by the Contractor, whichever is greater: BODILY INJURY AND PROPERTY DAMAGE LIABILITY (BROAD FORM) $ 5,000,000 Each Occurrence $ 5,000,000 Aggregate
3. Automobile Liability Insurance. A policy covering the use in connection with the work covered by the Contract Documents of all owned, non-owned and
hired vehicles bearing, or, under the circumstances under which they are being used, required by the Motor Vehicle Laws of the State of New York to bear license plates. The coverage under such policy shall be not less than a combined single
limit for Bodily Injury and Property Damage of: BODILY INJURY AND PROPERTY DAMAGE LIABILITY $ 1,000,000 Each Person $ 1,000,000 Each Accident B. In addition to maintaining all of the above insurances, the Contractor shall indemnify and hold harmless the Owner and its agents and employees from and against liability, including additional premium due because of the Contractor's failure to maintain coverage limits as required under this section. C. Insurance similar to that required of the Contractor shall be provided by or on behalf of all subcontractors to cover their own operations performed under this Contract. The
Contractor shall be held responsible for any modifications in these insurance requirements as they apply to subcontractors.
20 Rev 12.2018
D. Before commencing the performance of any work covered by the Contract, the
Contractor shall furnish to the Owner a current certificate or certificates, in duplicate, of the insurance required under the foregoing provisions including copies of subcontractor’s certificates. Such certificates shall be on a form prescribed by the Owner, shall list the various coverage’s and
shall contain, in addition to any provisions hereinbefore required, a provision that the policy shall not be changed or cancelled and that it will be automatically renewed upon expiration and continued in force until final acceptance by the Owner of all the work covered by the Contract, unless the
Owner is given thirty (30) days written notice to the contrary. Upon renewal of each of the Contractor's insurance coverage’s, the Owner shall be provided with a new certificate of insurance showing such renewal. Certificates and written notices shall be directed to the Office of Facilities Contracts. The Contractor shall furnish the Owner with a certified copy of each policy including any and all exclusions to such policy. E. If at any time any of the above required insurance policies should be cancelled, terminated or modified so that insurance is not in effect as above required, then, if the Owner shall so direct, the Contractor shall suspend performance of the work covered in the Contract. If the said work is so suspended, no extension of time shall be due on account thereof. The Owner may, at its option, obtain insurance affording coverage equal to that above required, at the Contractor's
expense. Section 10.07 - Liability Insurance of the Owner
A. The Owner, at its own cost and expense, shall procure and maintain such liability insurance as will, in its opinion, protect the Owner from its contingent liability to others for
damages because of bodily injury, including death, and property damage which may arise from operations under this Contract.
21 Rev 12.2018
Section 10.08 - Owner's and Contractor's Responsibilities for Fire and Extended Coverage
Insurance Hazards A. The Contractor shall purchase and maintain in force a builders risk insurance
policy on the entire work. Such insurance shall be written on a completed value form and in an amount equal to the initial contract sum and modified by any subsequent modifications to the contract sum. The insurance shall name Cornell University and the State of New York, all
subcontractors and sub- subcontractors. The insurance policy shall contain a provision that the insurance will not be cancelled or allowed to expire until the Contractor has given at least thirty (30) days prior written notice to Cornell University. The insurance shall cover the entire work at the site, including reasonable compensation for Architect’s services and expenses made necessary by an insured loss. Insured property shall include portions of the work located away from the site and in transit to the site. The policy shall cover the cost of removing debris and demolition as may be legally necessary. The policy shall cover any boiler or machinery loss which may be suffered during installation and until final acceptance. The insurance required shall be written to cover “all risk” of physical loss including a loss due to collapse. Any deductible shall be the responsibility of the Contractor but in no case shall the deductible be more than $10,000 unless Cornell University has agreed to a higher deductible. The Contractor shall provide to Cornell University a certificate
of insurance and a summary of coverage’s including all endorsements and exclusions prior to commencement of the work. Once the policy is received, the Contractor shall provide a copy of such policy to Cornell University. There shall be a mutual waiver of recovery between Cornell
University, the Contractor and all other parties to the extent such losses are covered by the builders risk policy. If Cornell University wishes to occupy the building prior to final acceptance and if the policy contains a provision which limits coverage for such partial occupancy, the parties agree work
together to obtain consent of the insurance company for such partial occupancy or use under mutually acceptable terms. B. Losses, if any, under such insurance shall be payable to the Owner. C. The Contractor shall be responsible for any and all loss of materials connected with the construction due to unexplainable disappearance, theft or misappropriation of any kind or nature. D. The foregoing provisions shall not operate to relieve the Contractor and subcontractors of responsibility for any loss or damage to their own or rented property or property
of their employees, of whatever kind or nature, or on account of labor performed under the Contract incidental to the repair, replacement, salvage, or restoration of such items, including but not limited to tools, equipment, forms, scaffolding, and temporary structures, including their contents, regardless of ownership of such contents, except for such contents as are to be included in and remain a part of the permanent construction. The Owner shall in no event be liable for any loss or damage to any of the aforementioned items, or any other property of the Contractor, subcontractors
and the Architect, or employees, agents, or servants of same, which is not to be included in and remain a part of the permanent construction. The Contractor and subcontractors severally waive any rights of recovery they may have against the Owner and the Architect for damage or destruction of their own or rented property, or property of their employees of whatever kind or nature.
22 Rev 12.2018
Section 10.09 - Effect of Procurement of Insurance
A. Neither the procurement nor the maintenance of any type of insurance by the Owner or the Contractor shall in any way be construed or be deemed to limit, discharge, waive or
release the Contractor from any of the obligations and risks imposed upon the Contractor by the Contract or to be a limitation on the nature or extent of such obligations and risks.
Section 10.10 - No Third Party Rights A. Nothing in the Contract shall create or give to third parties; any claim or right of action against the Contractor, the Architect, and the Owner beyond such as may legally exist irrespective of the Contract. ARTICLE 11 -- USE OR OCCUPANCY PRIOR TO ACCEPTANCE BY OWNER Section 11.01 – Substantial Completion
A. The term "substantial completion" means the completion of the Work to the extent that Cornell University may have uninterrupted occupancy or use of the facility or specified portion thereof for the purpose for which intended. The Contractor shall obtain all certificates of occupancy
required prior to occupancy, and any electrical, mechanical and plumbing certificates, or other certificates or required approvals and acceptances by City, County, and State governments or other authority having jurisdiction.
Section 11.02 - Occupancy Prior to Acceptance A. If, before Final Acceptance, the Owner desires Beneficial Occupancy of the Work, or any part thereof, which is completed or partly completed, or to place or install therein equipment and furnishings, the Owner shall have the right to do so, and the Contractor shall in no way interfere with or object to said Beneficial Occupancy by the Owner. B. Said Beneficial Occupancy (1) shall not constitute acceptance of space, systems, materials or elements of the Work, nor shall said Beneficial Occupancy affect the start of any guarantee period, and (2) shall not affect the obligations of the Contractor for Work which is not in
accordance with the requirements of the Contract or other obligations of the Contractor under the Contract.
C. The Contractor shall continue the performance of the Work in a manner which shall not unreasonably interfere with said use, occupancy and operation by the Owner.
ARTICLE 12 -- PAYMENT Section 12.01 - Provision for Payment A. The Owner agrees to pay the Contract Price to the Contractor for the performance of this Contract and the fulfillment of all the Contractor's obligations. The Contract Price means all costs reimbursable under the Contract Documents.
23 Rev 12.2018
B. The final certificate of the Architect shall certify that the Contract has been
completed within the stipulated time, and shall not be issued until all drawings and specifications have been returned to the Owner. The issuance of said certificates, however, or any payments made thereon shall not lessen the total responsibility of the Contractor to complete the work to the
satisfaction of the Owner in accordance with the Contract. C. Payments on the Contract Price shall be made each month as the work progresses
in accord with the following procedure: 1. The Contractor's schedule of values, including quantities, aggregating the total Contract Price, divided so as to facilitate payments to subcontractors as specified herein, shall be the basis for monthly progress payments. This schedule, as shown in the E-Builder Schedule of Values Process, when approved by the Owner shall be used as a basis for progress payments. In applying for payments, the Contractor shall submit a statement based upon this approved schedule. 2. (a) On a date agreed upon by the Owner, Architect, and Contractor, a meeting shall be held by the Owner to review the work completed and
materials on hand. This meeting shall review each item to be submitted by the Contractor in the requisition for payment.
(b) On the first day of each month, or as soon thereafter as practicable, the Contractor shall submit via the E-Builder Payment Application Process, a statement and all applicable documentation setting forth in detail the cost
of the work done and materials delivered to the job site up to and including the last day of the previous month and shall make application for payment of ninety percent (90%) of the amount of said statement, less the aggregate of all previous payments made by the Owner against the Contract Price. (c) Each statement and application shall be accompanied by an affidavit, executed by the Contractor, certifying that the statement is true and correct, and that all bills for labor, and materials incorporated in or delivered to the job, due and payable at the time of the preceding progress payment, have been paid. The Contractor shall attach a single .pdf file of certified payrolls for all employees on the project as indicated in the E-
Builder Payment Application Process. Before final payment is made, the Contractor shall submit evidence that all payrolls, material bills and other indebtedness incurred in connection with the Contract have been paid, including final waivers of any liens. 3. Each such application for payment shall be subject to the review and
approval of the Architect. If the Architect finds that the affidavit and application for payment are acceptable and that all the above requirements in connection therewith have been complied with, the Architect shall, within seven (7) calendar days after receiving such application for payment, certify to the Owner that the payment applied for is due and payable to the Contractor.
24 Rev 12.2018
4. The issuance of a Certificate for Payment constitutes a representation by
the Architect to the Owner, based on the date of the Application for Payment, that the work has progressed to the point indicated, that, to the best of their knowledge, information, and belief, the quality of the work is in accordance with the Contract
Documents and that the Contractor is entitled to payment in the amount certified. The Owner shall make payment in the manner provided in the Agreement
within thirty (30) calendar days of receipt of the approved Certificate in E-Builder. Approval of the Payment Application by the Architect shall not be deemed to represent that the Architect has made exhaustive or continuous on-site inspections to check the quality or quantity of the work or that the Architect has reviewed the construction means, methods, techniques, sequences, or proceedings or that the Architect has made any examination to ascertain how or for what purpose the Contractor has used the monies previously paid on account of the Contract Sum. Section 12.02 – Stored Materials & Equipment
A. The Contractor may submit, no more than thirty (30) calendar days after contract approval and prior to the first application for payment, a written request to Cornell University for
permission to invoice for critical materials and equipment ready, but not yet incorporated into the work. For the purpose of this paragraph, "critical materials and equipment" eligible for payment are defined as those items affecting project schedule or budget as determined by Cornell
University's evaluation of the project schedule. This includes finished goods normally shipped to the job site in a condition ready for incorporation into the work that require significant time for delivery. Raw materials or work-in-process at a manufacturer's plant location shall not be eligible for such consideration unless the Contractor can demonstrate that Cornell University can save money by purchasing material in bulk quantities at the beginning of the project. B. Cornell University will be under no obligation to accept such requests. C. Payment authorized by Cornell University for such "long-lead" critical materials and equipment not yet incorporated in the work will be made provided the Contractor submits Exhibit H and complies with the following:
1. Items shall be listed in the “Total Materials Presently Stored” column on the Application for Payment. 2. Transfer of Title shall be executed and included in the Application for Payment.
3. The method used to store off-site items shall be described in the Contractor's request to invoice for such materials and equipment. Cornell University shall give prior approval of the location of off-site storage. Items requiring special environmental conditions to protect their integrity
(temperature, humidity, etc.) shall be continuously stored in such an environment.
25 Rev 12.2018
4. Items in storage shall be identified as property of Cornell University, and
a description of the identification method used shall be submitted in the Application for Payment. Contractor shall maintain all necessary insurance on items in storage.
5. A written and photographic inventory of items and method used to verify such inventory, including Contractor's certification that all quantities have
been received in good condition at the job site or other location acceptable to Cornell University shall be submitted with the Application for Payment. 6. A copy of the vendor's invoice is included with the Contractor's invoice. Packing lists will not be accepted. D. Cornell University retains the right to verify storage by physical inspection prior to payment approval and at any time thereafter. Such payment shall not relieve the Contractor of the responsibility for protecting, safeguarding, and properly installing the equipment or materials. The Warranty and Guarantee period shall not commence until installation and final acceptance of the completed work by Cornell University. The Contractor shall bear the cost of transporting
materials stored off-site to the site E. Each subsequent invoice will restate the prior months' materials and equipment
not incorporated in the Work and current month additions and deletions for materials and equipment incorporated into the Work.
F. Upon the making of partial payment by Cornell University, all work, materials, and equipment covered thereby shall become the sole property of Cornell University. Partial payments, however, shall not constitute acceptance of the Contractor's work by Cornell University, nor be construed as a waiver of any right or claim by Cornell University. Section 12.03 – Retention A. Retention in the amount of ten percent (10%) of the value of the work done and materials furnished and installed under this Agreement shall be retained by the Owner as part security for the faithful performance of the Contractor’s work within the time specified, and shall be paid as indicated in Section 12.06.
B. Cornell University in its sole discretion may, upon the Contractor's application thereof, release retention applicable to a subcontractor, provided that there are no outstanding claims associated with the subcontractor's work and the subcontractor and Contractor submit an acceptable partial or final release when submitting the payment application process. If the project is bonded, a Consent of Surety to the reduction must be attached as well.
26 Rev 12.2018
Section 12.04 - Withholding Payments
A. The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or a part of any Certificate to such extent as may be necessary to protect the
Owner from loss on account of: 1. Defective work not remedied.
2. To assure payment of just claims of any persons supplying labor or materials for the work and to discharge any lien filed against the Owner's property. 3. A reasonable doubt that the Contract can be completed for the balance of the Contract Price then unpaid. 4. Damage to another Contractor. 5. Unsatisfactory prosecution of the work by the Contractor.
6. Failure to provide and maintain an acceptable Critical Path Method Network Schedule.
Section 12.05 – Documents and Conditions Precedent to Final Payment
A. As-Built Documentation 1. Prior to acceptance by the Owner of all work covered by the Contract, the Contractor shall furnish to the Owner through the Architect one (1) set of current reproducible full-size Contract Drawings on which the Contractor has recorded in a neat and workmanlike manner all instances where actual field construction differs from work as indicated on the Contract Drawings. B. Final Documentation: 1. Prior to final payment, and before the issuance of a final certificate for payment in
accordance with the provisions of these General Conditions, file the following documents with the Owner. a. Warranties, Bonds, Service & Maintenance Contracts and any other extended guarantees stated in the technical sections of the Specifications.
b. Release or Waiver of Lien for the Contractor and Sub-Contractors in accordance with Exhibit C, attached hereto. c. Project Record Documents as defined in General Requirements Section 01 78 39.
d. Notification that Final Punch List work has been completed. e. Manufacturers Instruction and Maintenance Manuals as defined in General Requirements Section 01 78 23.
27 Rev 12.2018
f. Fixed Equipment Inventory as defined in General Requirements Section 01 78 22.
2. The Contractor shall also provide a CD containing scanned .pdf format and/or Word Documents of all documentation.
Section 12.06 - Final Payment and Release A. When the Contractor determines that the work or a designated portion thereof is substantially complete, the Contractor shall prepare for submission to the Owner a list of items to be completed or corrected. This list, prepared by the Contractor, shall constitute a complete detailed list of defects and deficiencies which, when remedied, will complete all Contract requirements. The submittal shall be accompanied by a statement to that effect. B. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all work in accordance with the Contract Documents. When the Architect, on the basis of an inspection, determines that the work is substantially complete, the Architect will
then prepare a Certificate of Substantial Completion. C. Upon receipt of written notice that the work is ready for final inspection and
acceptance, the Architect will promptly make such inspection and, when the Architect finds the work acceptable under the provisions of the Contract Documents, and the Contract fully performed, and if bonds have been required, the written Consent of the Surety to the payment of the balance
due, and a satisfactory Release of Lien, attached hereto as Exhibit "C" and made a part of the Contract Documents, has been submitted by the Contractor, each subcontractor and sub-subcontractor, the Contractor will promptly issue a final Certificate for Payment, stating that to the best of their knowledge, information, and belief, and on the basis of their observations and inspections the work has been completed in accordance with the terms and conditions of the Contract Documents, and that the entire balance is due and payable. D. All prior certificates upon which progress payments may have been made, being estimates, shall be subject to correction to the final certificate. E. The acceptance by the Contractor of the final payment aforesaid shall constitute a
general release of the Owner and its agents or representatives from all claims and liability to the Contractor. ARTICLE 13 -- TAX EXEMPTION
Section 13.01 - Tax Exemption A. The Owner is exempt from payment of Federal, State and local taxes, including
sales and compensating use taxes on all materials and supplies incorporated into the completed Work. These taxes are not to be included in bids. This exemption does not apply to tools, machinery, equipment or other property leased by or to the Contractor or a Subcontractor, or to supplies and materials which, even though they are consumed, are not incorporated into the completed Work, and the Contractor and Subcontractors shall be responsible for and pay any and all applicable taxes, including sales and compensating use taxes, on said leased tools, machinery, equipment or other property and upon all said unincorporated supplies and materials.
28 Rev 12.2018
B. The Contractor and Subcontractor shall obtain any and all necessary certificates or other documentation from the appropriate governmental agency or agencies, and use said certificates or other documentation as required by law, rule or regulation.
ARTICLE 14 -- GUARANTEE Section 14.01 - Guarantee A. The Contractor, at the convenience of the Owner, shall remove, replace and/or repair at their own costs and expense any defects in workmanship, materials, ratings, capacities or characteristics occurring in or to the work covered by Contract for the period of one (1) year or within such longer period as may otherwise be provided in the Contract, the period of such guarantee to commence with the Owner's final acceptance of all work covered under the Contract, and the Contractor, upon demand, shall pay for all damage to all other work resulting from such defects and all expenses necessary to remove, replace and/or repair such work which may be damaged in removing, replacing or repairing the said defects. Acceptance means final acceptance
of the entire work, early partial occupancy notwithstanding B. In some instances the nature of the work may require the Owner to accept various
components, equipment, spaces or phase of the project. In such cases the Contractor shall submit a separate guarantee for the Owner's acceptance on the form attached hereto as Exhibit "E". Upon completion of the project, the Contractor shall submit to the Owner a guarantee for the project on
the form attached hereto as Exhibit "E".
ARTICLE 15 -- STANDARD PROVISIONS Section 15.01 - Provisions Required by Law Deemed Inserted Each and every provision of law or clause required by law to be inserted in the Contract and made a part hereof, shall be deemed to be inserted herein and, in the event any such provision is not inserted or is not correctly inserted, then upon the application of either party, this Contract shall forthwith be physically amended to make such insertion or correction. Section 15.02 - Laws Governing the Contract
The Contract shall be governed by the laws of the State of New York, without reference to conflict of law principles. Any and all proceedings relating to the subject matter hereof shall be maintained in New York State Supreme Court, Tompkins County or the federal district court for
the Northern District of New York, which courts shall have exclusive jurisdiction for such purposes. Section 15.03 - Assignments The Contractor shall not assign the Contract in whole or in part without prior written consent of the Owner.
29 Rev 12.2018
Section 15.04 - No Third Party Rights
Nothing in the Contract shall create or shall give to third parties any claim or right of action against the Owner, beyond such rights as may legally exist irrespective of the Contract.
Section 15.05 - Waiver of Rights of Owner
A. None of the provisions of the Contract will be considered waived by the Owner except when such waiver is given in writing. Section 15.06 - Limitation on Actions No action or proceeding shall be filed or shall be maintained by the Contractor against the Owner unless said action shall be commenced within six (6) months after receipt by the Owner of the Contractor's final requisition or, if the Contract is terminated by the Owner, unless said action is commenced within six (6) months after the date of said termination. Section 15.07 - Owner's Representative
The Owner shall designate a representative authorized to act in its behalf with respect to the Project. The Owner or its representative shall examine documents and shall render
approvals and decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Contractor's work. Only directives from Cornell University’s designated representative (Mike Swartwout) shall be recognized by the Contractor.
ARTICLE 16 – MINORITY AND WOMEN BUSINESS ENTERPRISES Section 16.01 – Definitions The terms "Minority-owned business enterprise" ("MBE") or “Women-owned business enterprise” (“WBE”) or “minority group member” shall have the same meaning as under Section 310 of the New York State Executive Law, as the same may be from time to time amended. Section 16.02 – Participation by Minority and Women Business Enterprises A. The Contractor shall, in addition to any other nondiscrimination provision of the Contract and at no additional cost to Owner, fully comply and cooperate with the Owner in the
implementation of MBE and WBE goals. These requirements include equal employment opportunities for minority group members and women (“EEO”) and contracting opportunities for certified minority and women-owned business enterprises (“MWBEs”). The Contractor’s
demonstration of “good faith efforts” shall be a part of these requirements. These provisions shall be deemed supplementary to, and not in lieu of, the nondiscrimination provisions required by New York State or other applicable federal, state or local laws. B. The Contractor shall include the provisions of this Article in each and every Agreement and/or Contract in such a manner that the provisions of this Article will be binding upon each subcontractor and supplier as to work in connection with and related to this Agreement.
30 Rev 12.2018
C. For purposes of this procurement, the Owner has established goals as outlined in
the Bid Proposal Certification Form for Minority-Owned Business Enterprises (“MBE”) and Women-Owned Business Enterprises (“WBE”) participation. 1. The goal for Minority-Owned Business Enterprise participation shall be applied as follows: a maximum of one third (1/3) of the goal may be
applied to purchases of materials, supplies, and equipment from MBEs. 2. The goal for Women-Owned Business Enterprise participation shall be applied as follows: a maximum of one third (1/3) of the goal may be applied to purchases of materials, supplies, and equipment from WBEs. D. For purposes of providing meaningful participation by MWBEs on the Contract and achieving the Contract Goals established in paragraph C above, the Contractor should reference the Directory of New York State Certified MWBEs found at the following internet address: http://www.esd.ny.gov/mwbe.html. E. Where MWBE goals have been established herein, the Contractor must document “good faith efforts” to provide meaningful participation by MWBEs as sub-contractors or suppliers in the performance of the Contract.
F. Where it appears that a Contractor is unable to comply with the MWBE
participation requirements, Contractor may submit in writing for the Owner’s consideration, the reasons for Contractor’s inability to meet any or all of the participation requirements together with an explanation of the efforts taken by the Contractor to obtain the stated MWBE participation.
Section 16.03 MWBE Utilization Plan A. The Contractor shall submit a MBE/WBE Utilization Plan for the Owner’s review prior within fifteen (15) calendar days after receipt of a Letter of Intent or Notice to Proceed. B. The Contractor shall use such Owner approved MBE/WBE Utilization Plan for the performance of MWBEs on the Contract pursuant to the prescribed MWBE goals established in
Article 16 hereof. The Contractor shall designate a Compliance Officer in their organization who shall be responsible for implementing the MBE/WBE Utilization Plan of the Contractor and its subcontractors. Said Compliance Officer shall make such periodic, but not less than monthly,
reports on the Plans' progress and on the number of women and minority workers employed. These reports shall be submitted to the Owner Representative on the Affirmative Action Workforce Report attached hereto as Exhibit "D".
Section 16.04 Reports and Records A. The following forms, attached hereto as Exhibit "D" and made a part of the Contract Documents, are to be used in submitting MBE/WBE Utilization Plans. Electronic versions are available in the E-Builder Resources Project or at https://fcs.cornell.edu/project-contractors-and-consultants. 1. MWBE Utilization Plan 2. Affirmative Action Workforce Report
31 Rev 12.2018
B. The Contractor shall demonstrate compliance with these goals by submission of
the Affirmative Action Workforce Report on a monthly basis, or as requested by Owner. The Contractor shall provide a single monthly report inclusive of all subcontractor information for the project labor and such report must document the progress made towards achievement of the MWBE
goals of the Contract. Such forms shall be uploaded monthly to E-Builder. C. The Contractor shall permit access to its books, records and accounts by the Owner
for purposes of investigation to ascertain compliance with the provisions of this Article. The Contractor shall include this provision in every subcontract so that such provision will be binding upon each subcontractor. ARTICLE 17 -- ACCOUNTINGS, INSPECTION AND AUDIT The Contractor agrees to keep books and records showing the actual costs incurred for the Work. Such books and records (including, without limitation, any electronic data processing files used by the Contractor in analyzing and recording the Work) shall be open for inspection and audit by the Owner and its authorized representatives at reasonable hours at the Contractor's local office or at the Owner's office, if necessary, and shall be retained by the Contractor for a period of seven years after the Work has been completed, except that if any litigation, claim or audit is started before the expiration date of the seven year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved.. Each Sub-Contractor shall be similarly obligated to maintain, for inspection and audit by the Owner, books and records respecting the Work. If requested by the Owner, the Contractor shall furnish copies of any and all subcontracts, purchase orders and/or requisitions of any nature associated with the project.
ARTICLE 18 – CONTRACTOR PERFORMANCE EVALUATION At project completion the Owner shall schedule a meeting to review with the Contractor
their performance for the project unless performance warrants additional reviews. The Owner may schedule a meeting at fifty percent (50% completion) based on project complexity and/or duration. The Owner shall present its review based on the attached “Contractor Performance Evaluation”,
Exhibit I. The Contractor shall be given the opportunity to provide input as to the findings of the evaluation after completion by the Owner. ARTICLE 19 -- ROYALTIES AND PATENTS The Contractor shall pay all royalties and license fees and shall defend all suits or claims for infringement of any patents, and shall save Cornell University harmless from loss on account thereof; except that Cornell University shall be responsible for all such loss when a particular process or product is specified by Cornell University unless the Contractor shall have reason to believe that the particular process or product infringes a patent, in which event it shall be
responsible for loss on account thereof unless it promptly provides such information to Cornell University.
32 Rev 12.2018
ARTICLE 20 -- CONFIDENTIALITY AND USE OF OWNER'S NAME Section 20.01 - Release of Information
The Contractor shall not divulge information concerning the Work (including news releases, social media, internal house organizations, applications for permits, etc.) to anyone without Cornell University's prior written approval, except to subcontractors and suppliers to the
extent that they need such information to perform their work. The Contractor shall require a similar agreement from each such subcontractor and supplier, requiring their compliance with the foregoing. Cornell University reserves the right to release all information, as well as to time its release and specify its form and content. The Contractor may obtain Cornell University's approval to release information by submitting such request to the Cornell University Project Manager. Section 20.02 - Confidential Information The term "Confidential Information" means all unpublished information obtained or received from Cornell University during the term of this Contract which relates to Cornell University's research, development, manufacturing and business affairs. The Contractor shall not
disclose confidential information to any person, except to its employees and subcontractors to the extent that they require it in the performance of their Work, during the term of this Contract and until authorized by Cornell University in writing. The Contractor and its subcontractors shall hold
all confidential information in trust and confidence for Cornell University, and shall use confidential information only for the purpose of this Contract. The Contractor and its subcontractors shall require all of their employees to whom confidential information is revealed to
comply with these provisions. The Contractor shall have an agreement with each subcontractor, requiring their compliance with the foregoing. If it becomes necessary for the Contractor to defend in case of litigation related to its services rendered, permission shall be sought from Cornell University, who shall not unreasonably withhold such permission, before any disclosures are made. This Section does not apply to information which (1) is or becomes known in public domain or (2) is learned by the Contractor from third parties. Section 20.03 - Use of Owner's Name The Contractor shall not use, in its external, advertising, marketing program, social media, or other promotional efforts, any date, pictures, or other representation of the Owner except on the
specific written authorization in advance of the Owner's Representative.
33 Rev 12.2018
ARTICLE 21 -- CORNELL UNIVERSITY STANDARDS OF ETHICAL CONDUCT Cornell University expects all executive officers, trustees, faculty, staff, student employees, and others, when acting on behalf of the university, to maintain the highest standard of
ethical conduct as per Cornell University's Policy 4.6 - Standards of Ethical Conduct, a copy of which is available at https://fcs.cornell.edu/project-contractors-and-consultants This includes treating equally all persons and firms currently doing business with or seeking to do business with
or for Cornell University, whether as contractors, subcontractors, or suppliers. Such persons and firms are respectfully reminded that Cornell University employees and their families may not personally benefit from Cornell University's business relationships by the acceptance of gifts or gratuities, defined as a gift in excess of $75.00 given to a Cornell employee for personal use. Items not considered gifts/gratuities include occasional business meals, items of an advertising nature, and items that are generally distributed to all potential customers. In addition, it is expected that the Contractor's officers and employees shall conduct all business related to this Contract within the highest ethical standards, observing applicable policies, practices, regulations, law, and professional standards. All parties are expected to report violations of this policy to appropriate university personnel. You may file a report to on the web https://secure.ethicspoint.com/domain/en/report_custom.asp?clientid=6357 or contact Cornell
University through EthicsPoint by dialing toll-free 1-866-293-3077.
EXHIBIT "A"
CORNELL UNIVERSITY Construction Contract Change Order Forms Instructions to Change Order Documentation
Cornell University has several standard forms related to Changes in the Work. These forms have been prepared to comply with contract requirements related to Changes in the Work. The standard Construction Contract Change Order Request and Change Order Summary Forms shall be used to facilitate preparation of change order requests in conformity with construction contract requirements. These forms shall be used by the Contractor and by all Subcontractors in preparing their respective cost estimates for services associated with the Changed Work for the Owner’s consideration and
shall include all associated back-up documentation supporting the request.
Direct Cost of the Work: 1. Direct Labor – Include the “wages paid” hourly direct labor and/or foreman necessary to perform the required change. “Wages paid” is the burdened labor rate documented in accordance with Section 2.14 – Project Labor Rates of the General Conditions. “Assigned Personnel or Work Crews” should be stated by trade or type of work performed not by
name of person or company title. For example carpenter, mason, backhoe operator, etc. Supervisory personnel in district or home office shall not be included. Supervisory personnel on the job-site, but with broad supervisory responsibility and paid as salaried personnel, shall not be included as Direct Labor 2. Direct Material – Include the acquisition cost of all materials directly required to
perform the required change. Examples of “Unit of Measure” include square feet, cubic yards, linear feet, days, gallons, etc. 3. Equipment – Include the rental cost of equipment items necessary to perform the change. For company-owned equipment items, include documentation of internal rental rates. Charges for small tools, and craft specific tools are not allowed. Bond Premiums The Contractor’s actual documented bond premium rate as entered into the eBuilder Bid Portal Response Form – Step 3 – Additional Required Information Custom Fields at time
of bid shall be added to all direct and indirect costs of the proposed change.
Overhead & Profit The Contractor’s overhead & profit rate shall be added to all direct and indirect costs of the proposed change in accordance with the Contract.
EXHIBIT "A"
EXHIBIT "A"
CONSTRUCTION CONTRACT CHANGE ORDER SUMMARY
DATE:
PCO #
PROJECT TITLE:CONTRACT NO.
CONTRACTOR:
DETAILED DESCRIPTION OF WORK:
1 DIRECT COST OF WORK:
NAME OF CONTRACTOR/SUBCONTRACTORS TO TAL
PERFORMING WORK COST
TOTAL COST OF PROPOSED CHANGE ORDER ITEM $0
TOTAL CONTRACT DAYS ADDED/DELETED FROM PROJECT SCHEDULE
THIS PAGE INTENTIONALLY LEFT BLANK
FINAL RELEASE EXHIBIT "B"
FINAL WAIVER OF CLAIMS AND LIENS AND RELEASE OF RIGHTS
Sworn to before me this Corporation or Business Name Day of 20 By: Title:
Date Contract Date
Project Contract Price
Address Net Extras and Deductions
City Adjusted Contract Price
County Amount Previously Paid
State Balance Due - Final Payment
The undersigned hereby acknowledges that the above Balance Due when paid represents payment in full for all labor,
materials, etc., furnished by the below named Contractor or Supplier in connection with its work on the above Project in accordance with the Contract.
In consideration of the amounts and sums previously received, and the payment of $ being the full and Final Payment amount due, the below named Contractor or Supplier does hereby waive and release the Owner from any and all claims and liens and rights of liens upon the premises described above, and upon
improvements now or hereafter thereon, and upon the monies or other considerations due or to become due from the Owner or from any other person, firm or corporation, said claims, liens and rights of liens being on account of labor, services, materials, fixtures or apparatus heretofore furnished by the below named Contractor or Supplier to the Project. The premises as to which said claims and liens are hereby released are identified as follows: . The undersigned further represents and warrants that he/she is duly authorized and empowered to sign and execute this waiver on his/her own behalf and on behalf of the company or business for which he/she is signing; that it has properly performed all work and furnished all materials of the specified quality per plans and specifications and in a good and workmanlike manner, fully and completely; that it has paid for all the labor, materials, equipment and services that it has used or supplied, that it has no other outstanding and unpaid applications, invoices, retentions, holdbacks,
expenses employed in the prosecution of work, chargebacks or unbilled work or materials against the Owner as of the date of the aforementioned last and final payment application; and that any materials which have been supplied or incorporated into the above premises were either taken from its fully-paid or open stock or were fully paid for and
supplied on the last and final payment application or invoice. The undersigned further agrees to defend, indemnify and hold harmless the Owner for any losses or expenses
(including without limitation reasonable attorneys' fees) should any such claim, lien or right of lien be asserted by the below named Contractor or Supplier or by any of its or their laborers, material persons or subcontractors. In addition, for and in consideration of the amounts and sums received, the below named Contractor or Supplier hereby waives, releases and relinquishes any and all claims, rights or causes of action in equity or law whatsoever arising out of through or under the above mentioned Contract and the performance of work pursuant thereto. The below named Contractor or Supplier further guarantees that all portions of the work furnished and installed are in accordance with the Contract and that the terms of the Contract with respect to this guarantee will remain in effect for the period specified in said Contract.
THIS PAGE INTENTIONALLY LEFT BLANK
EXHIBIT "C"
GUARANTEE
Date:
In accordance with plans and specifications and the terms and conditions of our contract with Cornell
University dated , we hereby guarantee
the as found in the specifications
for , Ithaca, New York to be free
(Project Title)
from defects in materials and workmanship for the period of year(s) from
, the date of acceptance by the Owner. (Date)
(COMPANY) By: Title:
THIS PAGE INTENTIONALLY LEFT BLANK
EXHIBIT "D" – FORM I
1
MWBE Utilization Plan
– Submit Part I and Part II within 15 days after Letter of Intent or Notice to Proceed –
– Submit Part III Quarterly and at end of project –
PART I – PROJECT INFORMATION e-Builder Project No. Project Name: Contract Value:
Contractor Name and Address:
Primary Contact Name, Phone Number, Email: Bid Date:
% Goals MBE: 2.1% WBE: 2.3% Contractor’s MWBE Contact Name, Phone Number, Email:
PART II – MWBE LIST (Update as MWBE firms come under contract, sign and date, resubmit) Subcontractor Name, Address, Contact, Email, MBE or WBE (List your firm if also MBE or WBE)
Federal ID Number Dollar Value of Contract or Purchase Order
Description of Work or Supplies Subcontractor or Supplier Start and End Dates
(Update totals as MWBE firms are added/subtracted to above list)
Print Name of Principal or Officer: Title:
Signature: Date:
MWBE Contract Percentages Summary %
MBE Totals
WBE Totals
EXHIBIT "D" – FORM I
2
MWBE Utilization Plan
– Submit Part I and Part II within 15 days after Letter of Intent or Notice to Proceed –
– Submit Part III Quarterly and at end of project –
PART III – Quarterly Utilization Report (Subcontractors & Sub-subcontractors fill this out and submit to
General Contractor to compile into a single form.) Double click on table to edit. Month/Year:
General Contractor, Subcontractor, Sub-
Subcontractor, or Vendor Trade
Dollar Value of
SubContract or
Purchase Order
MBE,
WBE, or
N/A
% of Total
Contract
TOTALS 0 0
EXHIBIT "D" - FORM II
SUMMARY OF BID ACTIVITY WITH MBE AND WBE SUBCONTRACTORS AND VENDORS Please print or type all information, except where a signature is required. PROJECT:
Name of Prime Contract Bidder:
Address (Street, City, State and Zip Code):
Contact Person (Name, Title and Telephone Number):
MBE and WBE Subcontractor/Vendor Item/ Bid Submitted: Award Status Date of (Indicate which) Trade Date Amount Date Amount Elimination
EXPLANATION OF ELIMINATION: Include meetings held for negotiation, etc. (Use additional sheet if necessary)
OFFICER OF FIRM:
Name and Title: Date:
Signature:
EXHIBIT "D" - FORM III
EXHIBIT "E"
LABOR RATE BREAKDOWN
PROJECT TITLE:CONTRACT NO.
CONTRACTOR:TRADE:
EFFECTIVE DATE:
EXPIRATION DATE:
Base Hourly Rate:$
Payroll Taxes and Insurance % per Hour
F.I.C.A.
Federal Unemployment (Base on 1500 hours of work)
State Unemployment (Base on 1500 hours of work)
*Worker's Compensation
*Bodity Injury & Property Damage
Disability
TOTAL %
Payroll Taxes and Insurance Rates: Base Rate (x) Total % =$
*
Supplemental Benefits $ per Hour
Vacation
Health & Welfare
Pension
Annuity
Education / Training
Industry
Total Hourly Fringe Benefits $
Hourly Labor Rate: Base Rate, Taxes/Insurance and Fringe Benefits $
Adjustment for a composite rate which includes apprentices:$
CONTRACTOR'S CERTIFICATION
Signature of Authorized Representative:
Print Name:
Print Title:
I certify that the labor rates, insurance enumerations, labor fringe enumerations and expenses are correct and in accordance
with actual and true cost incurred.
Rates are net Contractor cost after premium discounts and experience
modifications have been applied against manual rate.
THIS PAGE INTENTIONALLY LEFT BLANK
EXHIBIT "F”
STORED MATERIALS INVOICING
DOCUMENTATION
PROJECT TITLE:
CONTRACT NO.
CONTRACTOR:SUBCONTRACTOR:
REASON FOR REQUEST:
APPLICATION FOR PAYMENT NO. __________DATE:
1 Material Identification
Description:
Quantity:
Provide Specific Location of Materials Stored:
2 Material Value
Attach an Invoice or Quantified Statement of Value.$
3 Certificate of Insurance
Attach a Certificate of Insurance for the above specified materials. Certificate shall name
"Cornell University" as a loss payee with respect to the specified materials.
4 Transfer of Title
The Contractor hereby agrees to transfer complete ownership of all listed materials to Cornell University at the
time payment is made to Contractor for the above referenced Application for Payment. The Contractor remains
responsible for all contractual requirements for the above listed materials including complete installation and
providing of all warranties.
Signed:
Date:
THIS PAGE INTENTIONALLY LEFT BLANK
EXHIBIT "G"
Contractor Performance
Evaluation
Project Information
Project Name:____________________________________________Date Of Evaluation___________________
Project Number___________________________Evaluators;
Project Team_____________________________
Campus_________________________________
Project Start Date_________________________Substantial Completion________________
Contractor______________________________________________Prequalification Status_________________
Original Contract Amount__________________________________Total Change Order Amount_____________
Contractor Project Manager___________________________________________Initial Evaluation_____
Contractor Superintendent____________________________________________Final Evaluation_____
Type Of Contract
Prime Contractor___Subcontractor___Construction Manager___
Project Comments/Description
Performance Evaluation
Please give one rating for each category. Add comments as required to justify your rating.
Fails to Achieve Needs Fully AchieveFreq ExceedsCons Exceed
Expectation Improvement Expectation Expectation Expectation
1 2 3 4 5
1 Quality of Workmanship
Rate this contractor's performance in regards to quality of work
a. Compliance with project drawings and specifications
b. Workmanship quality and accuracyc. Tools- quality and sufficient quantity
d. Equipment - sufficient quantity and operating condition
e. Quality of jobsite craft personnel
Comments:
2 Scheduling/Productivity
Rate this contractor's performance with regard to producing and
meeting contract schedules and milestones
a. Project schedule quality and completenessb. Controlling of project schedule
c. Manpower allocation for maintaining schedule
d. Material deliveries to support project schedulee. Ability to meet substantial completion date and project milestones
f. Productivity of work force
g. Ability to deal with added work and unforeseen issues.
Comments:
3 Subcontractor Management
Rate this contractor's ability, effort and success in managing and coordinating
subcontractors(if no subcontractors rate overall management performance)
Comments:
3A Major subcontractor performance(score not added in final Contractor Evaluation
For contractor information only
a. Plumbing Contractor overall Performance
Comments:
b. HVAC Contractor overall Performance
Comments:
c. Electrical Contractor overall Performance
Comments:
Fails to Achieve Needs Fully AchieveFreq ExceedsCons Exceed
Expectation Improvement Expectation Expectation Expectation
1 2 3 4 5
4 MBE/WBE Participation
Rate this contractor's MBE/WBE solicitation effort and participation for this
project for, Project Team, Subcontractors, Material Vendors
Comments:
5 Safety
Rate this contractor's performance in regards to project safetya. Timely submission of site specific safety program
b. Knowledge of OSHA standards
c. Implementation of safety rules and regulationsd. Promotion and creation of safety awareness
e. Daily overall housekeeping
f. Safety record
g. Response to safety concerns
h. Awareness of public safety
Comments:
6 Contract Administration
Rate this contractor's performance in regards to contract
administration as per criteria below
a. Timely submission of complet and correct
documentation required for insurance and bond
b. Change order processing
c. Timely submission of RFI's, Shop Drawings,
and change orders
d. Subcontractor payments made promptlye. Timely submission of complete and correct payment
applications
f. Quality of paperwork
Comments:
7 Working Relationships
Rate this contractor's working relationships with other parties
(Cornell, Design Team, subcontractors,ect.)
Comments:
Fails to Achieve Needs Fully AchieveFreq ExceedsCons Exceed
Expectation Improvement Expectation Expectation Expectation
1 2 3 4 5
8 Supervisory Personnel Rating
Rate the overall performance of this contractor's on site supervisory
personnel and project management staff
Comments:
9 Contract Close-Out
Rate this contractor's overall ability to efficiently close out the project
a. Timely completion of all punchlist items
b. Timely resolution of all outstanding change orders
c. Timely submission of all close out documents(O&M's,
As-Builts, warranties, final releases and consent of surety)
d. Quality of close out documentation and timely completion
of any outstanding audit questionsComments:
Summary Sheet
Project:___________________________________________
Contractor:________________________________________
Rating Per Weight
Performance Categories Category %Scoring
1 Quality of Workmanship 0 15.00%0
2 Scheduling 0 10.00%0
3 Subcontractor Management 0 10.00%0
4 MBE/WBE Participation 0 10.00%0
5 Safety 0 10.00%0
6 Contract Administration 0 10.00%0
7 Working Relationships 0 10.00%0
8 On Site Supervisory Personnel Rating 0 18.00%0
9 Contract Close Out 0 7.00%0
Over All Rating 0
Rating Reference
Fails to achieve expectation 1
Needs improvement 2
Fully achieves expectation 3
Frequently exceeds expectation 4
Consistently exceeds expectatio 5
OWNER COMMENTS:
OWNER COMMENTS on 3A Ratings:
CONTRACTOR COMMENTS:
(To be completed by Contractor prior to Owner/Contractor discussion meeting)
THIS PAGE INTENTIONALLY LEFT BLANK
SUPPLEMENTAL CONDITIONS TO THE CONTRACT PATHOGENS CONTAGIONS COVID-19
SUPPLEMENTAL CONDITIONS
PROTOCOLS AND SAFETY REQUISITES TO CONSTRUCTION ACTIVITY APPLICABLE
TO PATHOGENS, CONTAGIONS AND/OR COVID-19 VIRUS
In response to the public health emergency for the COVID-19, requirements, recommendations and
guidelines from civil authorities including, but not limited to, New York State Executive Orders, CDC,
OSHA and New York State Department of Health (herein after referred to as “COVID-19 Authorities and
Guidelines”) surrounding health and safety measures designed to eliminate or reduce the transmission of
the COVID-19 virus, these Supplemental Conditions are provided for guidance for construction related
work. Contractors and businesses are further required to comple with applicable “COVID-19 Authorities
and Guidelines” mandatory directives and health and safety practices issued.
1.0 These Supplemental Conditions apply to the current COVID-19 pandemic, but may also apply to
any existing or future pathogen or contagion impacting construction activity and necessitating
protective health and safety measures for worker safety, the general public, and any personnel
connected to the advancement of Work on this, or any applicable project.
1.1 The purpose of this document is to set forth recommended elements and practices to
safeguard the public and all persons connected to each project for Cornell University.
1.2 The direction from “COVID-19 Authorities and Guidelines” are applicable to businesses,
entities, and services, and they must comply with the most recent direction. Contractor
obligations include modification of all their existing protocols and practices as necessary
to adhere to the most current modifications to “COVID-19 Authorities and Guidelines”.
2.0 Contractor’s responsibilities under the Contract with Owner as provided in the General Conditions
and General Requirements are unchanged. Nothing contained herein shall alter or modify the
Contractor’s exclusive control over the job site, subcontractors, project labor, Health & Safety
Plans, Protocols, Measures, or the Contractor’s exclusive control over the methods and means
associated with any and all of the foregoing elements.
2.1 Cornell University possesses neither control nor any right of control over the job site,
project labor, health & safety practices or programs, or methods and means of advancing
the Contracted Work.
2.2 These Supplemental Conditions are provided to the Contractor for the attainment of
Contractor’s fully compliant health and safety measures and practices communicated by
applicable civil authorities as requirements, recommendations, and/or guidance necessary
to engage in qualifying construction activities.
2.3 Contractor’s responsibilities under the Contract with Owner as provided in the General
Conditions and General Requirements shall remain and include, but not limited to:
2.3.1 Contractors and their subcontractors and suppliers are required at all times to guard
the safety and health of all persons on and in the vicinity of the work site
2
2.3.2 Contractors and their subcontractors and suppliers are required to comply with all
applicable rules, regulations, codes, and bulletins of the New York State
Department of Labor and the standards imposed under the Federal Occupational
Safety and Health Act of 1970, as amended (“OSHA”) and New York State
Executive Orders
2.3.3 Contractors and their subcontractors and suppliers are also required to comply with
all applicable job site safety requirements
2.3.4 Contractors and their subcontractors and suppliers must comply with all County,
City or State of New York safety requirements for projects within the City or State
of New York constructed in accordance with the applicable Building Code, and
contractors are required to provide written Safety Plans for the site demonstrating
how all applicable safety requirements are to be implemented for all elements of
the Work for the duration of the contract.
3.0 Contractors, their subcontractors and suppliers, and workers are required to adhere to “COVID-19
Authorities and Guidelines” to prevent or limit the possible exposure or spread of COVID-19,
pathogens, or contagions (as applicable).
3.1 To that end, Contractor shall develop a written Health & Safety Plan related to the
protective measures and protocols Contractor shall employ on the Project in response to
“COVID-19 Authorities and Guidelines” necessary to manage and mitigate the exposure
or transmission of COVID-19, pathogens, or contagions (as applicable).
3.2 This Plan shall be submitted to the Owner prior to start of Construction Activity on the
Campus. Owner’s receipt of the subject Plan is to document that measures and practices
are in place, not for substantive review or approval.
3.3 Health and safety practices constitute a continuing compliance obligation, Contractors and
their subcontractors and suppliers must remain current with, and immediately implement
updated health and safety protocols and practices as they are published. The Campus may
request updated elements of the Contractor’s written safety plan to address evolving best
practices for measures and/or practices of the “COVID-19 Authorities and Guidelines”.
3.4 The Contractor must notify Cornell immediately upon discovery of any employees of their
firm, or subcontractors, or suppliers that are, or have been working on the Cornell Campus
that have been confirmed to have COVID-19 contagion.
4.0 Guidance & General Recommendations for Inclusion in the Plan:
4.1 Information for local health departments can be found at www.health.ny.gov
4.2 OSHA Guidance on Preparing Workplaces for COVID-19 can be found at
www.osha.gov/Publications/OSHA3990.pdf
4.3 Comply with all OSHA requirements in accordance with the Hazard Communication
(Global Harmonization) Standard at https://coronavirus.health.ny.gov/home
4.4 Centers for Disease Control -- https://www.cdc.gov/coronavirus/2019-ncov/index.html
3
5.0 Project Closure:
5.1 Where work is suspended on a project, contractors are directed to follow any additional
project shut-down protocols as provided by the Owner. Including, but not limited to,
photographs, securing the work site and project status narrative.
6.0 Contractor expressly agrees to fully comply and remain exclusively responsible for the
implementation of applicable Contractor Health and Safety Protocols and Measures as set forth in
applicable and then current Guidance for Construction Activities. Express Contractor agreement to
the foregoing and Contractor submission of the Plan are conditions precedent to engage in any on-
site construction activity.
August 11, 2020
GENERAL REQUIREMENTS FOR OLIN HALL 103,105,107 LAB RENOVATION CORNELL UNIVERSITY ITHACA, NEW YORK
August 11, 2020
SECTION 01 11 00 SUMMARY OF WORK .....................................................................1
1.0 GENERAL ....................................................................................................................1
1.1 DESCRIPTION..................................................................................................1 1.2 WORK UNDER OTHER CONTRACTS .........................................................2 1.3 CONTRACT MILESTONES ............................................................................2
2.0 PRODUCTS – NOT USED .........................................................................................2
3.0 EXECUTION – NOT USED .......................................................................................2
SECTION 01 14 00 WORK RESTRICTIONS ..................................................................1
1.0 GENERAL ....................................................................................................................1
1.1 RELATED DOCUMENTS ...............................................................................1 1.2 CONTRACTOR USE OF PREMISES ..............................................................1
1.3 UNIVERSITY CLOSURES ..............................................................................2
1.4 WATER USE RESTRICTION ..........................................................................2 1.5 PARKING ..........................................................................................................2 1.6 CHANGEOVERS AND CONTINUITY OF SERVICES ................................3 1.7 OBSTACLES, INTERFERENCE AND COORDINATION ............................4
1.8 EQUIPMENT ARRANGEMENTS...................................................................4
1.9 EXISTING EQUIPMENT, MATERIALS, FIXTURES, ETC. ........................5 1.10 EXAMINATION OF PREMISES, DRAWINGS, ETC. ...................................5 1.11 STAND DOWN DATES ...................................................................................6 1.12 WORKING HOURS ..........................................................................................7
2.0 PRODUCTS – NOT USED .........................................................................................7
3.0 EXECUTION – NOT USED .......................................................................................7
SECTION 01 25 00 SUBSTITUTIONS AND PRODUCT OPTIONS .............................1
1.0 GENERAL ....................................................................................................................1
1.1 DESCRIPTION..................................................................................................1
1.2 DEFINITIONS ...................................................................................................1
1.3 ACTION SUBMITTALS ..................................................................................2 1.4 PRODUCTS LIST .............................................................................................2 1.5 QUALITY ASSURANCE .................................................................................2 1.6 PROCEDURES..................................................................................................3
1.7 EQUIVALENTS – APPROVED EQUAL ........................................................3
1.8 CONTRACTOR'S OPTIONS ............................................................................4 1.9 SUBSTITUTIONS .............................................................................................6 1.10 COMPARABLE PRODUCTS ..........................................................................7 1.11 CONTRACTOR'S REPRESENTATION ..........................................................8
1.12 ARCHITECT'S DUTIES ...................................................................................8
2.0 PRODUCTS – NOT USED .........................................................................................8
3.0 EXECUTION – NOT USED .......................................................................................8
August 11, 2020
SECTION 01 31 19 PROJECT MEETINGS ......................................................................1
1.0 GENERAL ....................................................................................................................1
1.1 DESCRIPTION..................................................................................................1 1.2 PRE-CONSTRUCTION MEETING .................................................................1 1.3 PROGRESS MEETINGS ..................................................................................3 1.4 PRE-INSTALLATION CONFERENCE(S) ......................................................4
2.0 PRODUCTS – NOT USED .........................................................................................4
3.0 EXECUTION – NOT USED .......................................................................................4
SECTION 01 31 50 ELECTRONIC PROJECT MANAGEMENT .................................1
1.0 GENERAL ....................................................................................................................1
1.1 SUMMARY .......................................................................................................1
1.2 RELATED SECTIONS .....................................................................................1
1.3 DEFINITIONS ...................................................................................................1 1.4 PROCEDURES..................................................................................................1 1.5 PROCESS OVERVIEW ....................................................................................2 1.6 ADDITIONAL INFORMATION ......................................................................4
2.0 PRODUCTS – NOT USED .........................................................................................4
3.0 EXECUTION – NOT USED .......................................................................................4
SECTION 01 32 16 CONSTRUCTION SCHEDULE .......................................................1
1.0 GENERAL ....................................................................................................................1
1.1 SUMMARY .......................................................................................................1
1.2 FORM OF SCHEDULES ..................................................................................1
1.3 CONTENT OF SCHEDULES ...........................................................................1 1.4 PROGRESS REVISIONS .................................................................................2 1.5 SUBMISSIONS .................................................................................................3
2.0 PRODUCTS - NOT USED ..........................................................................................3
3.0 EXECUTION ...............................................................................................................3
3.1 DISTRIBUTION................................................................................................3
SECTION 01 32 33 PHOTOGRAPHIC DOCUMENTATION ........................................1
1.0 GENERAL ....................................................................................................................1
1.1 DESCRIPTION..................................................................................................1
1.2 SUBMITTALS ..................................................................................................1
2.0 PRODUCTS – NOT USED .........................................................................................1
3.0 EXECUTION ...............................................................................................................1
3.1 EXISTING CONDITION PHOTOGRAPHS ....................................................1 3.2 PROGRESS PHOTOGRAPHS .........................................................................1
3.3 FINAL COMPLETION PHOTOGRAPHS .......................................................1
August 11, 2020
SECTION 01 33 00 SUBMITTAL PROCEDURES ..........................................................1
1.0 GENERAL ....................................................................................................................1
1.1 DESCRIPTION..................................................................................................1 1.2 SUBMITTAL REGISTRY AND SCHEDULE.................................................1 1.3 SHOP DRAWINGS ...........................................................................................3 1.4 PRODUCT DATA .............................................................................................3
1.5 SAMPLES..........................................................................................................4
1.6 QUALITY ASSURANCE AND QUALITY CONTROL SUBMITTALS.......5 1.7 COORDINATION DRAWINGS ......................................................................6 1.8 CONTRACTOR RESPONSIBILITIES ............................................................8 1.9 SUBMITTAL PROCEDURES ........................................................................10
1.10 RECORD SUBMITTALS ...............................................................................11
1.11 RESUBMISSION REQUIREMENTS ............................................................11 1.12 ARCHITECT'S DUTIES .................................................................................12 1.13 DISTRIBUTION..............................................................................................13
2.0 PRODUCTS – NOT USED .......................................................................................13
3.0 EXECUTION – NOT USED .....................................................................................13
SECTION 01 35 29 GENERAL HEALTH & SAFETY ....................................................1
1.0 GENERAL ....................................................................................................................1
1.1 DESCRIPTION..................................................................................................1 1.2 CONTRACTOR’S PROJECT SITE SPECIFIC PLAN ....................................1
1.3 ASBESTOS........................................................................................................2
1.4 LEAD .................................................................................................................3 1.5 MERCURY COLLECTION ..............................................................................3 1.6 SITE VISITS ......................................................................................................3 1.7 CONFINED SPACE ..........................................................................................3
2.0 PRODUCTS – NOT USED .........................................................................................3
3.0 EXECUTION – NOT USED .......................................................................................3
August 11, 2020
SECTION 01 35 43 GENERAL ENVIRONMENTAL REQUIREMENTS ....................1
1.0 GENERAL ....................................................................................................................1
1.1 DESCRIPTION..................................................................................................1 1.2 RELATED SECTIONS .....................................................................................1 1.3 SUBMITTALS ..................................................................................................1 1.4 JOB SITE ADMINISTRATION .......................................................................1
1.5 NOISE AND VIBRATION ...............................................................................2
1.6 DUST CONTROL .............................................................................................2 1.7 PROTECTION OF THE ENVIRONMENT .....................................................2 1.8 TEMPORARY RE-ROUTING OF PIPING AND DUCTWORK ....................3 1.9 HAZARDOUS OR TOXIC MATERIALS .......................................................4
1.10 DISPOSAL OF WASTE MATERIAL AND TITLE ........................................4
2.0 PRODUCTS – NOT USED .........................................................................................4
3.0 EXECUTION – NOT USED .......................................................................................4
SECTION 01 35 44 SPILL CONTROL ..............................................................................1
1.0 GENERAL ....................................................................................................................1
1.1 SPILL PREVENTION .......................................................................................1
1.2 SPILL CONTROL PROCEDURES ..................................................................1 1.3 SPILL REPORTING AND DOCUMENTATION ............................................4
2.0 PRODUCTS – NOT USED .........................................................................................5
3.0 EXECUTION – NOT USED .......................................................................................5
SECTION 01 35 45 REFRIGERANT COMPLIANCE.....................................................1
1.0 GENERAL ....................................................................................................................1
1.1 DESCRIPTION..................................................................................................1 1.2 SUBMITTALS ..................................................................................................1 1.3 RECORD DOCUMENTS .................................................................................1
2.0 PRODUCTS – NOT USED .........................................................................................2
3.0 EXECUTION ...............................................................................................................2
3.1 LEAK TESTING ...............................................................................................2 3.2 DEMOLITION PROCEDURE FOR EQUIPMENT REMOVED BY CONTRACTOR ................................................................................................3
August 11, 2020
SECTION 01 41 00 REGULATORY REQUIREMENTS ................................................1
1.0 GENERAL ....................................................................................................................1
1.1 PERMITS AND LICENSES .............................................................................1 1.2 INSPECTIONS ..................................................................................................1 1.3 COMPLIANCE..................................................................................................1 1.4 OWNER’S REQUIREMENTS .........................................................................2
2.0 PRODUCTS – NOT USED .........................................................................................2
3.0 EXECUTION – NOT USED .......................................................................................2
SECTION 01 42 00 REFERENCES ....................................................................................1
1.0 GENERAL ....................................................................................................................1
1.1 INTENT OF CONTRACT DOCUMENTS.......................................................1
1.2 RELATED DOCUMENTS ...............................................................................2
1.3 DEFINITIONS ...................................................................................................2 1.4 OWNER AGREEMENTS .................................................................................4 1.5 INDUSTRY STANDARDS ..............................................................................4 1.6 ABBREVIATIONS AND ACRONYMS ..........................................................5
2.0 PRODUCTS - NOT USED ........................................................................................17
3.0 EXECUTION - NOT USED ......................................................................................17
SECTION 01 45 00 QUALITY CONTROL .......................................................................1
1.0 GENERAL ....................................................................................................................1
1.1 DESCRIPTION..................................................................................................1
1.2 CONTROL OF ON-SITE CONSTRUCTION ..................................................1
1.3 CONTROL OF OFF-SITE OPERATIONS.......................................................2 1.4 TESTING ...........................................................................................................3 1.5 OWNER'S REPRESENTATIVE ......................................................................3
2.0 PRODUCTS – NOT USED .........................................................................................3
3.0 EXECUTION – NOT USED .......................................................................................3
August 11, 2020
SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS ...........................1
1.0 GENERAL ....................................................................................................................1
1.1 DESCRIPTION..................................................................................................1 1.2 REQUIREMENTS OF REGULATORY AGENCIES ......................................1
2.0 PRODUCTS..................................................................................................................1
2.1 MATERIALS, GENERAL ................................................................................1
2.2 TEMPORARY FIRST AID FACILITIES.........................................................1
2.3 TEMPORARY FIRE PROTECTION ...............................................................1 2.4 CONSTRUCTION AIDS ..................................................................................3 2.5 SUPPORTS ........................................................................................................3 2.6 TEMPORARY ENCLOSURES ........................................................................4
2.7 TEMPORARY WATER CONTROL ................................................................5
2.8 PERSONNEL, PUBLIC AND EMPLOYEE PROTECTION ..........................5 2.9 ACCESS ROADS AND PARKING AREAS ...................................................5 2.10 PROJECT IDENTIFICATION AND SIGNS ...................................................5 2.11 SECURITY ........................................................................................................5
2.12 FIELD OFFICES ...............................................................................................6
3.0 EXECUTION ...............................................................................................................6
3.1 PREPARATION ................................................................................................6 3.2 GENERAL .........................................................................................................6 3.3 REMOVAL ........................................................................................................6
SECTION 01 51 00 TEMPORARY UTILITIES ...............................................................1
1.0 GENERAL ....................................................................................................................1
1.1 DESCRIPTION..................................................................................................1 1.2 REQUIREMENTS OF REGULATORY AGENCIES ......................................1
2.0 PRODUCTS..................................................................................................................1
2.1 MATERIALS, GENERAL ................................................................................1
2.2 TEMPORARY ELECTRICITY, LIGHTING AND WATER ..........................1 2.3 TEMPORARY USE OF ELEVATOR ..............................................................2 2.4 TEMPORARY HEAT AND VENTILATION ..................................................3 2.5 TEMPORARY CONTRACTOR TELEPHONE SERVICE .............................4
2.6 TEMPORARY SANITARY FACILITIES .......................................................4
3.0 EXECUTION ...............................................................................................................4
3.1 REMOVAL ........................................................................................................4
August 11, 2020
SECTION 01 51 23 HEAT DURING CONSTRUCTION .................................................1
1.0 GENERAL ....................................................................................................................1
1.1 DESCRIPTION..................................................................................................1 1.2 RESPONSIBILITY............................................................................................1
2.0 PRODUCTS – NOT USED .........................................................................................1
3.0 EXECUTION – NOT USED .......................................................................................1
SECTION 01 57 13 SOIL EROSION AND SEDIMENT CONTROL .............................1
1.0 GENERAL ....................................................................................................................1
1.1 DESCRIPTION..................................................................................................1 1.2 SUBMITTALS ..................................................................................................1 1.3 PLAN AND IMPLEMENTATION GENERAL REQUIREMENTS ...............1
1.4 PERFORMANCE STANDARDS .....................................................................1
1.5 EROSION AND SEDIMENT CONTROL PLAN COMPONENTS ................2 1.6 INSPECTIONS ..................................................................................................3
2.0 PRODUCTS – NOT USED .........................................................................................3
3.0 EXECUTION – NOT USED .......................................................................................3
SECTION 01 66 00 STORAGE AND PROTECTION ......................................................1
1.0 GENERAL ....................................................................................................................1
1.1 DESCRIPTION..................................................................................................1 1.2 TRANSPORTATION AND HANDLING ........................................................1 1.3 ON-SITE STORAGE.........................................................................................1
1.4 PALM ROAD STORAGE .................................................................................2
1.5 PROTECTION ...................................................................................................3 1.6 PROTECTION AFTER INSTALLATION .......................................................4
2.0 PRODUCTS – NOT USED .........................................................................................4
3.0 EXECUTION – NOT USED .......................................................................................4
August 11, 2020
SECTION 01 73 29 CUTTING, PATCHING AND REPAIRING ...................................1
1.0 GENERAL ....................................................................................................................1
1.1 DESCRIPTION..................................................................................................1 1.2 SUBMITTALS ..................................................................................................2 1.3 QUALITY ASSURANCE .................................................................................2 1.4 WARRANTIES .................................................................................................4
2.0 PRODUCTS..................................................................................................................4
2.1 MATERIALS .....................................................................................................4
3.0 EXECUTION ...............................................................................................................4
3.1 INSPECTION ....................................................................................................4 3.2 PREPARATION ................................................................................................5
3.3 PERFORMANCE ..............................................................................................5
3.4 CLEANING .......................................................................................................7
SECTION 01 77 00 PROJECT CLOSEOUT .....................................................................1
1.0 GENERAL ....................................................................................................................1
1.1 INSPECTIONS ..................................................................................................1
1.2 SUBMITTALS ..................................................................................................2
1.3 FINAL CLEAN UP ...........................................................................................3 1.4 MAINTENANCE STOCK ................................................................................3
2.0 PRODUCTS – NOT USED .........................................................................................3
3.0 EXECUTION – NOT USED .......................................................................................3
SECTION 01 78 22 FIXED EQUIPMENT INVENTORY ...............................................1
1.0 GENERAL ....................................................................................................................1
1.1 FIXED EQUIPMENT INVENTORY ...............................................................1
2.0 PRODUCTS – NOT USED .........................................................................................2
3.0 EXECUTION – NOT USED .......................................................................................2
August 11, 2020
SECTION 01 78 23 OPERATING AND MAINTENANCE DATA .................................1
1.0 GENERAL ....................................................................................................................1
1.1 DESCRIPTION..................................................................................................1 1.2 FORM OF SUBMITTALS ................................................................................1 1.3 CONTENT OF MANUAL ................................................................................2 1.4 MANUAL FOR MATERIALS AND FINISHES .............................................3
1.5 MANUAL FOR EQUIPMENT AND SYSTEMS ............................................4
1.6 SUBMITTAL REQUIREMENTS .....................................................................6 1.7 INSTRUCTIONS OF OWNER'S PERSONNEL ..............................................6 1.8 OPERATING INSTRUCTIONS .......................................................................7
2.0 PRODUCTS – NOT USED .........................................................................................7
3.0 EXECUTION – NOT USED .......................................................................................7
SECTION 01 78 36 WARRANTIES AND BONDS ...........................................................1
1.0 GENERAL ....................................................................................................................1
1.1 DESCRIPTION..................................................................................................1 1.2 SUMMARY .......................................................................................................1
1.3 DEFINITIONS ...................................................................................................1
1.4 QUALITY ASSURANCE .................................................................................2 1.5 WARRANTY REQUIREMENTS.....................................................................2 1.6 SUBMITTAL REQUIREMENTS .....................................................................3 1.7 SUBMITTALS REQUIRED .............................................................................4
2.0 PRODUCTS – NOT USED .........................................................................................4
3.0 EXECUTION ...............................................................................................................4
3.1 FORM OF SUBMITTALS ................................................................................4 3.2 TIME OF SUBMITTALS .................................................................................5
SECTION 01 78 39 RECORD DOCUMENTS...................................................................1
1.0 GENERAL ....................................................................................................................1
1.1 DESCRIPTION..................................................................................................1 1.2 MAINTENANCE OF DOCUMENTS AND SAMPLES..................................1 1.3 RECORDING ....................................................................................................1 1.4 SUBMITTAL .....................................................................................................4
2.0 PRODUCTS – NOT USED .........................................................................................4
3.0 EXECUTION – NOT USED .......................................................................................4
CORNELL UNIVERSITY SECTION 01 11 00 Ithaca, New York SUMMARY OF THE WORK
OLIN HALL 103, 105, 107 SUMMARY OF WORK 01 11 00-1 LAB RENOVATION August 11, 2020
SECTION 01 11 00 SUMMARY OF WORK
1.0 GENERAL
1.1 DESCRIPTION
A. Work to be Done
1. Renovations in Olin Hall lab rooms; 103 (542SF), 105 (559SF) and 107 (571SF). Scope in 105 and 107 will be minimal to facilitate power for the bench top equipment. Lab 103 will include existing casework that will be removed and the infrastructure for the three new N2 gloveboxes and evaporator.
B. The Scope of the Work
1. The scope of the WORK in all SECTIONS of this Specification shall consist of the furnishing of all labor, materials, equipment and appliances and the performance of the Work required by the Contract Documents and/or by the conditions at the site, joining all parts of this Work with itself and the Work of others to form a complete, functioning entity.
2. Items not specifically mentioned in the Specifications or shown on the drawings, but
which are inherently necessary to make a complete working installation, shall be included.
3. It is the intent and purpose of the Contract Documents to cover and include under each
item all materials, machinery, apparatus, and labor necessary to properly install materials and equipment, adjust and put into perfect operation the respective portions of the installation specified and to so interconnect the various items or sections of the
work as to form a complete and operating whole. Any equipment, apparatus, machinery, material and small items not mentioned in detail, and labor not hereinafter specifically mentioned, which may be found necessary to complete or perfect any portion of the installation in a substantial manner, and in compliance with the requirements stated, implied, or intended in the Contract Documents, shall be furnished without extra cost to the Owner. The Contractor shall provide the greatest quantity, highest quality, highest degree of safety, and most stringent material, equipment or Work. Should the Drawings or the Specifications disagree in themselves or with each other, the Contractor shall provide the better quality or greater quantity of work and/or materials unless otherwise directed by written addendum to the Contract.
CORNELL UNIVERSITY SECTION 01 11 00 Ithaca, New York SUMMARY OF THE WORK
OLIN HALL 103, 105, 107 SUMMARY OF WORK 01 11 00-2 LAB RENOVATION August 11, 2020
1.2 WORK UNDER OTHER CONTRACTS
A. The Contractor shall cooperate with other contracts performing related work, including
providing labor, materials and other costs necessary to satisfactorily coordinate the Contract work with work performed under others contracts.
B. Concurrent / Future Work:
1. Installation of Owner provided lab equipment or casework
C. New York State Electric & Gas (NYSEG):
1. Contractor shall be responsible for the project management of NYSEG work including coordinating any scheduling associated with the Project.
2. The Owner shall be responsible for the cost associated with the work to be performed by NYSEG. No NYSEG costs shall be carried in the Contractor’s bid.
1.3 CONTRACT MILESTONES
A. Turn over Lab 105 for use by November 15, 2020. Lab 103 and 107 to be turned over by December 31, 2020.
2.0 PRODUCTS – NOT USED
3.0 EXECUTION – NOT USED
***END OF SECTION 01 11 00***