13_PART_C_-_SUPPLEMENTAL_GENERAL_CONDITIONS__2025_09_16.pdf

PART C – SUPPLEMENTAL GENERAL CONDITIONS Page 1 of 26

PART C - SUPPLEMENTAL GENERAL CONDITIONS

C-1. SCOPE

These "Supplemental General Conditions" amplify or modify the "General Conditions." Where any article of the

"General Conditions" is supplemented hereby, the original provisions remain in effect and the supplementary portion shall be considered as added.

C-2. SUPPLEMENTARY DEFINITIONS

A. ALLOWANCE shall mean money reserved within the Contract Amount by the City for specific items within the

Work that are anticipated to be required but which cannot be priced at the time of bidding. Allowances are part of the Contract Amount but not part of the Bid Price. Allowance money may be expended only as provided in Section C-16.

B. ALTERNATE shall mean alterations to the scope of work identified and priced separately in the Contractor’s bid.

Alternates may carry additional cost (“Add Alternate”), savings (“Deduct Alternate”), or no cost relative to the base bid. Alternates are selected at the time of bid acceptance and incorporated into the Bid Price.

C. ARCHITECT shall mean the Architect of Record (AOR) for the Project.

D. AUTHORITY HAVING JURISDICTION shall mean the entity, organization, office, or individual responsible for enforcing codes or standards, issuing permits, or assuring compliance with requirements for equipment, materials, installations, or procedures.

E. BID PRICE shall mean the total of the accepted base bid items and any accepted Alternates.

F. CHANGE ORDER shall mean a written order to the Contractor authorizing a change in the work which results in a change in the Contract Amount. In order to be valid and binding on the City, a Change Order must be incorporated in a Subsidiary Agreement approved by ordinance of the Cleveland City Council and signed by the parties and the bond surety in accordance with Section B-34.

G. CITY shall mean the City of Cleveland, Mayor’s Office of Capital Projects and/or other contracting

Departments, and any representative designated by the Director

H. CONSTRUCTION DURATION shall mean the specified period of time, set forth in Part D, which is allotted for the completion of the Work, prior to which Final Acceptance is required to be achieved. The Construction

Duration can only be altered via Field Clarification or Change Order issued by the City.

I. CONTINGENCY ALLOWANCE shall mean money reserved within the Contract Amount by the City for unforeseen conditions or unforeseen requirements necessary to complete the Work. Contingency Allowance is part of the Contract Amount but not part of the Bid Price. Contingency Allowance may be expended only as provided in section C-15.

J. CONTRACT or CONTRACT DOCUMENTS: The Contract Documents are defined in Sections B-1 and B-2A.(3). The

Contract Documents include all Drawings, Specifications, Addenda, or Bulletins issued for this Project, and any

Field Clarifications, Change Orders, or Subsidiary Agreements.

K. CONTRACT AMOUNT shall mean the total amount of funds certified to the Contract, including the Bid Price, Allowances, and Contingency Allowance. Contract Amount shall not exceed the amount specified in the resolution of the Board of Control awarding the Contract.

L. CONTRACTOR is defined in Section B-2A.(4).

M. DASD shall mean the Division of Architecture and Site Development, a division of MOCAP.

N. DATE OF COMMENCEMENT shall mean the date stated in the Notice to Proceed. The calculation of the

Scheduled Completion Date shall begin with the Date of Commencement.

O. DAY shall mean calendar day unless otherwise specifically designated.

P. DIRECTOR shall mean the Director of the Mayor’s Office of Capital Projects and/or other contracting

Department, who shall be authorizing final acceptance of the work, change orders/bulletins, etc.

Q. DIRECTOR’S DESIGNEE or DESIGNEE shall mean that person designated by the Director to carry out duties and responsibilities related to the Project. In most cases, the Director’s Designee’s decisions are final and shall supersede the Architect’s and the Engineer’s. The Director’s Designee’s decisions will not supersede the

Director’s.

R. DRAWINGS shall mean the bound set of drawings issued by the City describing the design intent of the Project

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S. ENGINEER shall mean the Engineer of Record (EOR) for the project.

T. FIELD CLARIFICATION shall mean a written order to the Contractor authorizing a change in the Work which does not result in a change to the Contract Amount. A Field Clarification may authorize a change in the duration or Construction Duration or an expenditure of any Allowance funds as defined in Section C-16 herein.

A Field Clarification must be authorized by the Director.

U. FINAL ACCEPTANCE shall mean "Final Acceptance" as defined in Section B-2a.(9). Final Acceptance is acknowledged via a Statement of Final Acceptance (SOFA). Issuance of SOFA shall not relieve the Contractor of his obligations under Section B-38.

V. FINAL COMPLETION. Shall take place upon completion of all work and materials within the guarantee period outlined in Section B-38 and further detailed in Section C11.H.4..

W. GUARANTEE PERIOD shall mean a period of twelve (12) months, or as otherwise may be specifically provided in the Contract Documents, beginning at the date of Final Acceptance, during which period the Contractor shall, at its own expense, guarantee and do all things necessary to maintain all work done and all materials used in the Project in all respects free of defects, and are fit for the intended purpose, and in good condition for the entire period of the guarantee.

X. MOCAP shall mean the Mayor’s Office of Capital Projects, an office of the City of Cleveland.

Y. OTHER CONTRACTORS: Multiple Contracts may be awarded for Work on the Site to be performed either simultaneously or in sequence with the Contractor's Work. "Other Contractor(s)" means contractors to whom such contracts have been awarded, their subcontractors, and any contractor(s) authorized by the City to be on the Site.

Z. PROJECT shall mean the work described in these Contract Documents, of which the Contractor's Work is a part.

AA. PROJECT MANAGER shall mean the individual within MOCAP who is responsible for representing the City in the oversight of the Project.

BB. PROJECT MANUAL shall mean the bound volume(s) included in the bid package and containing all bidding and contracting process forms and requirements, contract terms, conditions and forms, and the Project technical specifications.

CC. SCHEDULED COMPLETION DATE shall mean the date calculated as the Date of Commencement plus the

Construction Duration, prior to which Final Acceptance is required to be achieved. The Scheduled Completion

Date can only be altered via Field Clarification or Change Order as issued by the City.

DD. SUBCONTRACTOR is defined in Section B-2A.(12). The term shall also mean one who performs Work off the construction site and shall include, but not be limited to, the following:

1. Suppliers

2. Installers

3. Manufacturers

4. Fabricators

EE. SUBSTANTIAL COMPLETION "Substantial Completion" occurs on the date, as certified by the Architect, when the

Work or designated portion thereof is sufficiently complete, in accordance with the Contract Documents, that the City can occupy or utilize the Work or designated portion thereof for the use for which it is intended, as expressed in the Contract Documents. A Certificate of Occupancy is required for a determination of

Substantial Completion. A Certification of Substantial Completion is a necessary but not sufficient prerequisite to Final Acceptance: Notwithstanding any Certification of Substantial Completion, the Director shall make an independent determination of whether the Work qualifies for Final Acceptance.

FF. TERM OF THE CONTRACT shall mean the period that begins on the date of execution of the Contract and ends at the expiration of all Guarantee Periods described in Section B-38b.

GG. WORK “Work" is defined in Section B-2A.(7).

C-3. CONTRACT DOCUMENTS

A. THE CONTRACT: Immediately following Board of Control approval of the award of the Contract, the

Contractor shall furnish the Architect and/or the Director’s Designee with the following for submittal to the City:

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1. A contract schedule of values showing itemized labor and material amount for the Contract Price.

2. Name of insurance company insuring the Contractor and the Work.

3. Workers' Compensation certificate.

4. All documentation required by the City to support the performance bond referred to in Section A-19, including a power of attorney for the attorney-in-fact signing the bond on behalf of the surety.

B. EXECUTION AND INTENT: By executing the Contract, the Contractor represents that he has visited the Site, familiarized himself with the local conditions under which the Work is to be performed, and made all investigations required by Section A-13 or referred to in Section C-6.B.2.

C. The Contract Documents shall be interpreted to include all items necessary for the proper execution and completion of the Work.

D. The organization of the Specifications into Divisions, Sections and Articles, and the arrangement of drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of

Work to be performed by any trade.

E. The Contractor shall immediately notify the Architect of any error, inconsistency, or omission in the Contract

Drawings or detail Specifications, and shall correct any discrepancy only in accordance with written instructions of the Architect. In addition, if the Contractor observes that any of the Contract Documents are at variance with any Laws in any respect, he shall promptly notify the Architect and City in writing, and shall make all necessary changes after written clarification from the Architect.

F. Order of Precedence: In the event of any conflict, discrepancy, or inconsistency among any of the Contract

Documents, the following shall control:

1. As between figures given on drawings and scaled measurements, the figures shall govern;

2. As between large scale drawings and small scale drawings, the large scale drawings shall govern;

3. As between drawings and specifications, the specifications shall govern;

4. As between this document (i.e., Parts A, B, and C) and the drawings or specifications, this document shall govern;

5. As between Submittals and Contract Documents, Contract Documents shall govern.

G. If there is an inconsistency in the quantity or quality of the Work required by the Contract Drawings or detail

Specifications, the greater quantity or better quality shall be provided, unless the Architect issues contrary instructions in writing. The architectural trades drawings shall supersede the specialty trade drawings in determining locations and clearances. The Contract Drawings and detail Specifications for all trades are complementary and must be referred to in order to determine the complete scope of the Work of the

Contractor or of any subcontractor.

H. The Contractor and his Subcontractors shall familiarize themselves with the Work and the Contract Documents of other contractors on the Project in order to coordinate the Contractor's Work with that of Other Contractors.

The Contractor shall not receive any additional compensation for costs incurred as a result of his failure or the failure of his Subcontractors to do so.

I. The Contractor, if requested, shall furnish manufacturers' affidavits certifying that materials or products delivered to the Site meet requirements specified.

J. The Contractor shall perform all Work required under this Contract, in any sequence required by the Architect without making any claims for damages or extra cost by reason of such requirements. If the City takes temporary occupancy of any portion of the Work prior to the date of Final Acceptance, such occupancy shall not constitute approval or acceptance of the Work and shall not be considered a limitation nor cause for delay in the completion of the Work.

K. The Contractor and any of his Subcontractors shall allow the Director and/or Director’s Designee to inspect their Work, records, and books at any time during the Term of the Contract.

L. Terms such as "Contractor," "Architect," "City," "Director," "Commissioner," "Director’s Designee," and

"Subcontractor," are referred to throughout the Contract Documents as if singular in number and masculine in gender, but shall have the meaning as to number and gender as the context requires.

C-4. ARCHITECT

A. ADMINISTRATION OF THE CONTRACT

1. The Architect shall provide administration of the Contract as provided in his contract with the City. The

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Contractor shall cooperate with the Architect as herein provided.

2. The Architect shall transmit from the Contractor to the Director names of the proposed subcontractors as provided in Section C-7.

3. The Architect and the Director’s Designee and their staff shall at all times have access to inspect the

Work whenever it is in preparation, progress, being manufactured or fabricated, and the Contractor shall arrange and provide proper facilities for such access and inspection to determine whether such

Work is being done in accordance with the Contract Documents.

4. The Contractor shall submit all of the Contractor’s applications for payment to the Architect. Based on the Architect's field observations and an evaluation of the Contractor's Applications for Payment, the

Architect shall determine the amounts owing to the Contractor and shall forward the Application to the City with his recommendation, as provided in Section C-11.

5. The Architect shall have authority to reject work which does not conform to the Contract Documents.

Whenever he considers it necessary or advisable in accordance with the Contract Documents, he will have authority to require inspection or testing of the Work, whether or not such is then fabricated, installed, or competed. Correction of rejected work and/or testing shall be at the expense of the

Contractor.

a. If testing proves that the work is deficient, the Contractor shall bear the cost of the testing.

b. If testing proves that the work is not deficient, the City shall bear the cost of the testing.

6. Contractor shall submit Shop Drawings, Product Data, and Samples described in Section C-6.V., to the

Architect for his review and approval or other appropriate action. These Submittals shall be presented to the Architect in adequate time to allow the thorough review by the Architect and City prior to procurement or installation without affecting the project schedule.

7. The Work shall be executed in conformity with the Contract Documents. The Architect shall furnish additional instructions consistent with the Contract Documents to the Contractor, as necessary for the proper execution of the Work. No work shall be done without proper instruction.

8. The Contractor shall submit all Requests for Information (RFIs), requests for changes, and applications for extension of the Contract time to the Architect. The Architect shall advise the City in the preparation of Field Clarifications; shall relay to the Contractor orders for changes in the Work approved by the City pursuant to Section C-14, and shall have the authority to order minor adjustments in the Work. The Contractor shall cooperate with all requests from the Architect necessary to document adjustments to the Work.

9. The Architect shall furnish to the Contractor, free of charge, electronic copies of any supplemental detail drawings.

10. The Architect will be the interpreter of the Specifications and the technical requirements of the

Contract Documents. As required, the Architect will render interpretations concerning the design and other technical aspects of the Work and the Contract Documents. All interpretations and decisions of the Architect shall be consistent with and reasonably inferable from the Contract Documents. The

Architect's decisions in matters relating to artistic effect will be final if consistent with the Contract

Documents.

11. The Architect shall conduct inspections to determine the date of Substantial Completion; shall receive and forward to the City for the City's review written warranties and related documents required by the

Contract and assembled by the Contractor; and shall issue a final Certificate of Substantial

Completion.

12. Neither the City nor the Architect shall be responsible for the acts or omissions of the Contractor, any other contractor, any Subcontractor, any of Contractor's or Subcontractor's agents or employees, or any other persons performing any of the Work.

13. Only under the direction of the Director, the Architect may order the Contractor in writing to suspend, delay, or interrupt all or any part of the Work for such period of time as the Director shall determine to be appropriate for the convenience of the City, without payment of any additional compensation on account of such delay, suspension or interruption.

C-5. CITY

A. GENERAL

1. The City shall not be responsible for or have control or charge of the construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the work.

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The City shall not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents or for the acts or omissions of the Contractor, Subcontractors, agents, or employees, or any other persons performing any of the Work.

2. Unless indicated otherwise in the Contract Documents, the City shall furnish all surveys describing the physical characteristics, legal limitations, and utility locations for the Site. If these documents are provided by the City, the City does not guarantee the accuracy of such surveys. It is understood that if the City provides data, reports or analysis of any field survey, soil investigation and boring, soil analysis, structural, mechanical, chemical and other laboratory tests or materials and inspections such surveys, investigations, borings, analyses, tests and inspections may be incomplete and are not hereby warranted to show actual subsurface, field or materials conditions. Contractor agrees that it will make no claim against the City if, in carrying out the work, the actual subsurface and other conditions encountered do not conform to those indicated by said data, reports, results, or analyses.

3. The City shall at all times have access to the Work as provided in Section B-19.

B. CITY’S RIGHT TO STOP OR REMEDY DEFECTIVE WORK

1. If the Contractor fails to correct defective work, or fails to carry out the Work or supply labor and materials in accordance with the Contract Documents, the City by a written order may instruct the

Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated, or in the case of defective work, may proceed as provided in Section C-20.B.

2. In the event of a suspension of work or delay or interruption of work, the Contractor shall cause his

Subcontractors to protect carefully his, and their, materials and Work against loss, damage, or injury, and shall maintain completed and uncompleted portions of the Work as required by the Contract

Documents. If the City determines that any Work or material has been damaged or injured by reason of failure on the part of the Contractor or any of his Subcontractors to protect same, the Contractor shall remove and replace such Work and/or material at his own expense.

C. RIGHT TO CARRY OUT THE WORK

1. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract

Documents and fails within three (3) days after receipt of written notice from the City to commence and continue correction of such default or neglect with diligence and promptness, the City may make good such deficiencies, as provided in Section C-20. In such case, an appropriate Change

Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including the cost of any additional professional services required in making such corrections.

D. CITY'S RIGHT TO USE OF PORTIONS OF THE PROJECT

1. The City may occupy portions of the Project as provided in Section C-8.C.

E. CITY'S RIGHT TO CLEAN UP

1. If a dispute arises between the Contractor and Other Contractors as to their responsibility for cleaning up as required by Section C-6.CC., the City may clean up and apportion the cost thereof among the contractors responsible in proportions determined by the Architect.

F. FORMS AND PROCEDURES

1. The forms to be used and the method and procedure to be followed by the Contractor for submission of invoices, breakdown and all other items required by or pertaining to the Contract shall be in accordance with the directions of the Architect.

C-6. PERFORMANCE OF THE WORK

A. WORK IN ACCORDANCE WITH CONTRACT DOCUMENTS

1. Contractor shall have complete responsibility for performing all work in accordance with the standards, procedures, and schedules set forth in the Contract Documents. Contractor shall assume sole responsibility of supervising and directing the Work; for construction means, methods, techniques, safety, and procedures; and for monitoring the work of his Subcontractors. The action of others, such as the Architect, Director’s Designee, or testing companies shall not relieve Contractor of such responsibility without written agreement by the City.

2. Contractor shall cooperate with and promptly follow all instructions and procedures of the Architect with respect to scheduling, coordinating, and monitoring cost control of the Work. Contractor shall complete the Work in accordance with the City's cost and quality objectives; and shall otherwise comply with the requirements of the Contract Documents and of the Construction Schedule most

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B. REVIEW OF CONTRACT DOCUMENTS

1. If the Contractor, during the bidding period, failed to notify the Commissioner of Purchases and

Supplies of any discrepancy or omission from the Contract Documents, or of any doubt as to their meaning, as provided for in Section A-9 of Instructions to Bidders, the Contractor agrees that he shall furnish such labor, materials, equipment, appurtenances, and work as may be required by the

Architect's later interpretations and decisions.

2. The Contractor represents that he has carefully examined all of the Contract Documents, and has fully acquainted himself with the existing conditions and with all planned Work on the Project, whether it is to be done by himself or others. The Contractor shall make all investigations essential to the full understanding of the difficulties which may be encountered in performing the Work, and assumes the risk of the actual conditions of the Work, the site, or its surroundings notwithstanding any variances between the actual conditions and those shown or represented in the Contract Documents. The

Contractor, regardless of any such conditions relevant to the Work, shall provide all labor, material, and equipment necessary to construct the project as defined in the Contract Documents for the stated Bid Price (except in the case of changes in the Work which may be made pursuant to Section

C-14 herein).

C. CONTRACT DRAWINGS AND DETAIL SPECIFICATIONS

1. All work, equipment, and materials mentioned in the detail specifications but not shown on the contract drawings, and all Work, equipment, and materials shown on the contract drawings but not mentioned in the detail specifications, and all work, equipment, and materials necessary for the completion of the Work according to the contract drawings and detail specifications shall be furnished, performed and done, as if same were both mentioned in the detail specifications and shown on the contract drawings. Failure of the Contractor to call to the Architect's attention any such discrepancies between the contract drawings and detail specifications shall not relieve the

Contractor of the responsibility to perform all Work indicated in the Contract Documents, whether shown in the specifications, drawings, or both. Installation of work not in accordance with the

Contract Documents may require, without limitation, the Contractor's re-ordering, re-fabricating, and/or removing existing items, and re-installing the desired material at the Contractor's sole cost.

2. The Architect will provide the Contractor with electronic copies of contract drawings and specifications free of charge. Any necessary document printing and reproduction of those documents shall be at the Contractor’s sole cost.

D. SUPERVISION AND CONSTRUCTION PROCEDURES

1. The Contractor shall keep on his work, during all progress, a competent superintendent, and any necessary assistance, all satisfactory to the Director’s Designee. The Superintendent must be present when any and all subcontractor work is being completed. The Superintendent shall not be changed except with the consent of the Director’s Designee, unless the Superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employ. The Superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the

Contractor. Important directions shall be confirmed in writing to the Contractor. Other directions shall be co-confirmed on written request in each case. Failure to adhere to this requirement will result in the project being shut down and all work will be ceased. The Contractor shall not be credited any additional workdays if this occurs.

2. The Contractor shall supervise and direct the Work. He shall be solely responsible for all construction means, methods, techniques, safety, schedules, and procedures and for coordinating all portions of the Work under the Contract.

3. The Contractor and all of his Subcontractors shall cooperate fully in the installation of the Work. All

Work must be so coordinated that timely completion of the Project is assured. Delivery of materials shall be properly scheduled and the proper labor shall be available for the installation of same.

4. The Contractor shall require each of its Subcontractor to comply with all of the terms and requirements of this agreement.

5. Causes for delay are addressed in section B-6a.

6. Work performed in excess of an eight-hour day, or on Saturdays, Sundays, or legal holidays shall be performed without additional expense to the City.

E. LABOR AND MATERIALS

1. Unless otherwise expressly provided in the Contract Documents, the Contractor shall provide and pay

PART C – SUPPLEMENTAL GENERAL CONDITIONS Page 7 of 26 for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated in the final Work.

F. PRE-CONSTRUCTION MEETING

1. Upon award of the Contract, the Director’s Designee will determine a time and location for a pre-construction meeting.

2. Representatives of the Contractor, critical Subcontractors and material suppliers, and City of

Cleveland shall be present.

3. The following submissions are required prior to or at the Pre-Construction Meeting:

a. Schedule of Values

b. Construction Progress Schedule

c. List of all Subcontractors and contact information of entire project team

G. PROJECT MANAGEMENT AND COORDINATION

1. Progress meetings shall be held at the Project site every week or as agreed upon at the Pre-

Construction Meeting. City, Architect, Contractor, and each subcontractor or other entity concerned with current progress or involved with planning or coordination of future activities, shall attend.

a. Minutes of each meeting will be prepared by Contractor and distributed to all parties present.

The Architect shall prepare supplementary field notes as required.

H. TEMPORARY POWER AND SERVICES

1. When and where temporary artificial light, temporary electric power, or other temporary utilities are required for the proper execution and management of the work, the Contractor shall provide the necessary connections, piping, valves, conduits, wiring outlets, bulbs and the like for general illumination, power, or other utilities, and pay for all current and utilities used. Each trade, however, shall supply its own extension cords, lamps, and bulbs. All such temporary wiring and facilities shall be removed when work is completed. The use of gas, acetylene, kerosene, or gasoline lamps will not be permitted.

I. TEMPORARY SANITARY FACILITIES

1. The Contractor shall provide temporary sanitary facilities as required. Comply with regulations and health codes for type, number, location, and maintenance of facilities. Contractor shall pay use and maintenance charges for sanitary facilities.

J. TEMPORARY HEAT

1. The Contractor shall provide temporary heat for curing or drying of work, and for protection of new construction from adverse effects of low temperatures. Use of gasoline-burning heaters and open-flame heaters is not permitted.

K. TEMPORARY CONSTRUCTION FACILITIES

1. The Contractor shall provide temporary field offices, storage trailers, and other support facilities as necessary for efficient execution of the work. Temporary facilities located within the construction area or within 30 feet of building lines shall be of noncombustible construction.

2. The Contractor shall provide temporary enclosures for protection of construction and workers from exposure and inclement weather and for containment of heat.

3. Install project identification and other signs in locations approved by City to inform the public and persons seeking entrance to the Project.

4. The Contractor shall maintain a clean and orderly worksite. Collect waste daily and dispose of waste off-site according to local ordinances when containers are full. Handle hazardous, dangerous, or unsanitary waste materials separately from other waste by containerizing properly. Dispose of material according to applicable laws and regulations.

5. Temporary stairs, ladders, ramps, scaffolds, runways, derricks, chutes, etc., as required for proper execution of the work by all trades, shall be provided by Contractor, unless specific arrangements are made with other Contractors or Subcontractors of the trades to furnish their own facilities. Other

Contractors and Subcontractors shall arrange with the General Contractor for use of these facilities or furnish their own facilities. All such apparatus, equipment, and construction shall meet all requirements

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L. TEMPORARY CONTROLS

1. Provide temporary fire protection as required by law until permanent systems supply fire protection needs.

a. Provide adequate numbers and types of fire extinguishers.

b. Store combustible materials in fire-safe containers in fire-safe locations.

c. Prohibit smoking anywhere on the construction site, within 30 feet of the construction site, and anywhere hazardous materials are stored.

d. Supervise welding operations, combustion-type temporary heating units, and similar sources of fire ignition.

2. Provide temporary barricades, warning signs, and light to protect the public and construction personnel from construction hazards.

a. Enclose construction area with temporary fencing.

3. Provide temporary environmental controls as required by authorities having jurisdiction, including, but not limited to, erosion and sediment control, dust control, noise control, and pollution control.

M. UTILITIES AND BUILDING SERVICES

1. Should any utility be required to be extended, relocated, or supported to complete the Work and make it function properly, or for convenience of the Contractor, such shall be at the expense of the

Contractor, unless the Specifications provide otherwise.

N. SAFETY AND PROTECTION

1. The Contractor shall secure the site, tools, equipment, and stored materials against theft and vandalism.

2. The Contractor shall provide barricades, fence, or other means necessary to protect the general public and other workers.

3. CIRCULATION: All roads and walks shall be protected and maintained open during the course of the work. The Contractor shall repair all damage to same at his own expense.

4. WATER PROTECTION: The Contractor shall at all times protect excavations, trenches, stored material, and any construction work in progress from damage from rain water, spring water, ground water, backing up of drains or sewers, and all other water. The Contractor shall provide all pumps, equipment, and enclosures to provide this protection.

5. TEMPORARY DRAINAGE: The Contractor shall construct and maintain all necessary temporary drainage and do all pumping necessary to keep excavation free of water.

6. SNOW AND ICE: The Contractor shall remove all snow and ice as may be required for the proper protection and/or execution of work.

7. BRACING, SHORING, AND SHEETING: The Contractor shall provide all bracing, shoring, and sheeting as required for safety and for proper execution of the work, including but not limited to trenches, excavations, and vertical construction, and have same removed when the work is completed.

8. GUARD LIGHT: The Contractor shall provide and maintain all guard lights at all barricades, railings, and obstructions.

9. WEATHER PROTECTION: The Contractor shall at all times provide protection for their equipment, stored materials, and the Work from damage by weather. At the end of each day’s work, all new work likely to be damaged shall be covered. During cold weather, Contractor shall protect all work from damage. If low temperatures make it impossible to continue operation safely, in spite of cold weather precautions, the Contractor shall cease work and shall so notify the Architect. Any work damaged by failure to provide such protection shall be removed and replaced with new work at the Contractor’s expense.

10. The Contractor shall be responsible for all damaged, broken, or scratched glass, and at completion, such glass shall be replaced at Contractor’s own expense.

O. WARRANTIES

1. The Contractor warrants to the City that all materials and equipment furnished under this Contract will

PART C – SUPPLEMENTAL GENERAL CONDITIONS Page 9 of 26 be new unless otherwise specified, and that all Work will be of good quality, in conformance with the

Contract Documents and free from faults and defects. Where more than one manufacturer's name, brand, trade name, or catalog reference are specified as satisfactory for materials, products, or equipment, the Contractor may use any of them, provided ·that the Contractor shall notify the

Architect, in writing, as to which one he intends to install, prior to placing his order for the one so specified.

P. REMEDIATION DURING THE GUARANTEE PERIOD

1. During the Guarantee Period, the Contractor shall perform all scheduled and preventive maintenance on installed equipment, systems, and controls. It shall perform that maintenance in compliance with all of the relevant manufacturer’s warranty requirements.

2. If, during the Guarantee Period, any of the Work is found to be defective or not in accordance with the guarantees and warranties specified in the Contract Documents, the Contractor shall correct the deficiency(ies) within ten (10) working days, or such other period as mutually agreed, after receipt of written notice from the City. In performing such corrective work, the Contractor shall be responsible for all damage caused by such corrective work and shall restore all damaged materials adjacent to the

Work.

3. If the Contractor fails to correct defective or non-conforming work or to remove such work from the

Site, the City may proceed as provided in Section C-20.B.

Q. TAXES

1. The Contractor shall pay all sales, consumer, use and other taxes applicable to the Work.

R. PERMITS AND FEES

1. The Contractor shall obtain permits from all regulating agencies having jurisdiction for their review and shall apply and pay for all permits, governmental fees, licenses, and inspections necessary for the proper execution and completion of the Work. Unless specifically indicated in the Contract

Documents, the Contractor shall not be responsible for items customarily under the responsibility of the

Architect, including, but not limited to, Planning and Zoning review and plans examination fees.

S. ALLOWANCES

1. The Contractor shall include in the Contract Amount all Allowances stated in the Contract

Documents. Items covered by these Allowances shall be supplied for such amounts as the City may approve.

T. SUPERINTENDENT

1. The Contractor shall provide on-site, during the Term of the Contract, a full-time competent superintendent and any necessary assistants, all subject to the approval of the Architect and Director’s Designee. The Superintendent shall represent and act as agent for the Contractor in his absence. If requested by the City, the Contractor shall provide a management chart and a list of personnel having authority to act as superintendent.

U. CONSTRUCTION SCHEDULE

1. The Contractor shall prepare, prior to commencement of the Work, for the City's and Architect's approval an estimated progress schedule ("Construction Schedule") for the Work. The Construction

Schedule shall be updated and reviewed with the City weekly and any time a Field Clarification or

Change Order is issued which affects the schedule. The Construction Schedule shall include all of the

Contractor's Work under the project to the extent required by the Contract Documents.

V. RESPONSIBILITY FOR COMPLETION

1. The Contractor shall furnish such manpower, materials, facilities, and equipment and shall work such hours, including night shifts, overtime, Sundays, and holidays, as may be necessary to complete the

Work so that the date of Final Acceptance of his Work occurs within the time period specified in the approved Construction Schedule. If the City determines that the progress of the Work is unsatisfactory and that an emergency exists, the City may direct the Contractor to take any and all actions necessary to ensure completion within the required approved Construction Schedule dates, without additional cost to the City, including without limitation the following:

a. Increase manpower, materials, crafts, equipment, and/or facilities;

b. Increase the number of working hours per shift, shifts per working day, working days per week, or any combination of the foregoing; and

PART C – SUPPLEMENTAL GENERAL CONDITIONS Page 10 of 26

c. Reschedule activities.

2. The Architect may require the Contractor to submit a recovery schedule demonstrating his program and proposed plan to make up the lag in scheduled progress and to ensure completion of the Work by the date fixed in the most recent approved Construction Schedule. If the Architect or the City finds the proposed plan not acceptable, he may require the Contractor to submit a new plan. If the actions taken by the Contractor or the second plan proposed are not satisfactory, the Architect may require the Contractor to take any of the actions set forth in Section C-6.A.2 without additional cost to the City, to make up the lag in scheduled progress. Alternatively, the City may exercise his remedies under Section C-20.

W. DOCUMENTS AND SAMPLES AT THE SITE

1. The Contractor shall maintain at all times at the Site, make available to the City and the Architect, and deliver to the Architect for the City upon completion of the Work, one record copy of all

Drawings, Specifications, Addenda, Field Clarifications, Change Orders and other modifications, and approved Shop Drawings, Product Data, and Samples in good order and marked currently to record all changes made during construction.

X. SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES (“Submittals”)

1. “Shop Drawings” shall mean drawings, diagrams, schedules, and other data specifically prepared for the Work by the Contractor or by any Subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work.

2. “Product Data” shall mean illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor or by any Subcontractor, manufacturer, supplier, or distributor to illustrate a material, product, or system for some portion of the

Work.

3. “Samples” shall mean physical examples which illustrate materials, equipment, or workmanship and establish standards by which the Work shall be judged.

4. The Contractor shall review, approve and submit to the Architect with reasonable promptness and in such sequence as to cause no delay in the Work or in the Work of the Project or any Other Contractor, all Shop Drawings, Product Data, and Samples required by the Contract Documents. No extension of

Contract Time will be authorized due to failure to transmit Submittals in time to permit processing sufficiently in advance of when materials are required in the Work.

a. Contractor shall provide Submittals in portable document format (PDF) electronic file via e-mail to both Architect and City where possible, or

b. Minimum three (3) opaque (bond) copies of each Submittal (shop drawings, product data, samples, etc.). Architect will return one (1) copy to Contractor and transmit one (1) copy to

City.

5. Architect will not accept Submittals from sources other than Contractor. Contractor shall stamp each

Submittal with a uniform, approval stamp. Include Project name and location, Submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that Submittal has been reviewed, checked, and approved for compliance with the Contract Documents. Architect will not review Submittals that do not bear Contractor's approval stamp and will return them without action.

6. By submitting Shop Drawings, Product Data and Samples, the Contractor represents that he has reviewed and approved them and that they satisfy all field conditions, requirements of the Work, and the Contract Documents.

7. The Architect's review or approval of Shop Drawings, Product Data, or Samples shall not relieve the

Contractor of responsibility for any deviation from the requirements of the Contract Documents.

Architect’s corrections or revisions to the Contractor’s Submittals do not constitute an order for extra work.

8. When the Contractor revises and resubmits Shop Drawings, Product Data, or Samples, he shall direct specific attention in writing to changes requested by the Architect and separately to changes made since the previous Submittal.

9. No portion of the Work requiring submission of a Shop Drawing, Product Data, or Sample shall be commenced until the Submittal has been approved by the Architect and all such portions of the Work shall be in accordance with approved Submittals. However, the Architect’s approval is limited to the

Submittals’ general conformance with the design concept and general compliance with the information given in the Contract Documents. The scope of the Architect’s review of Shop Drawing, PART C – SUPPLEMENTAL GENERAL CONDITIONS Page 11 of 26

Product Data, or Sample excludes quantities, dimensions, weights or gauges, fabrication processes, construction methods, coordination of trades, or construction safety precautions, which are all the sole responsibility of the Contractor.

a. Any Work requiring submission of a Shop Drawings, Product Data, or Samples which is installed without properly submitted and approved Submittals prior to installation shall be removed by the Contractor at no additional expense to the City nor change in Construction Schedule.

Y. MATERIALS AND TRADE MANUFACTURER NAMES

1. All materials, products, and equipment, or any of them, shall be new, of first quality and best of their respective kinds. Where materials, products, and equipment or any of them, are specified by name, they shall be considered the minimum accepted standard of the work. Where several manufacturers’ names, brands, trade name, or catalog references are specified as satisfactory for materials, products, or equipment, the Contractor may use any one of them. However, the Contractor shall notify the Inspector and the Architect in writing as to which one he intends to install, prior to placing his order for the one so specified.

2. Should the Contractor desire to substitute the material, product, or equipment of an unspecified manufacturer, brands, trade name, or catalog reference, it shall be the Contractor's obligation to prove that the proposed substitution is not inferior to those specified. He shall submit data and samples to the Architect for his consideration. The Architect shall be the final judge as to whether or not the substitution offered is inferior to the material, products, or equipment specified and as to whether the use of the substitute will be allowed.

3. Acceptance or rejection of such substitution will be issued by the Architect in writing. Lacking such acceptance, the exact materials, product, or equipment specified shall be used, or if more than one such is specified, the procedure outlined for such a case in subparagraph "1" of this paragraph shall be followed.

4. During the construction period, no substitution will be permitted except by Change Order or Field

Clarification.

Z. MANUFACTURER’S DIRECTIONS

1. All manufactured articles, material, and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned as directed by the Manufacturer, unless herein specified to the contrary.

AA. PRODUCT REQUIREMENTS

1. Provide products of same kind from a single source.

2. Deliver, store, and handle products according to manufacturer’s written instructions, using means and methods that will prevent damage, deterioration, and loss, including theft.

a. Schedule delivery to minimize long-term storage and to prevent overcrowding construction spaces.

b. Deliver in manufacturer’s original sealed packaging with labels and written instructions for handling, storing, protecting, and installing.

c. Inspect to ensure compliance with the Contract Documents and to ensure items are undamaged and properly protected.

d. Store heavy items in a manner that will not endanger supporting construction.

e. Store items subject to damage above ground, under cover in water-tight enclosure, with ventilation adequate to prevent condensation. Maintain temperature and humidity within range required.

3. Do not attach manufacturer’s labels or trademarks, except for required nameplates, on surfaces exposed to view in occupied spaces or on the exterior.

4. Unless otherwise indicates, Architect will select color, pattern, and texture of any product from manufacturer’s full range of available options.

BB. FIELD VERIFICATION

1. The Contractor and all Subcontractors shall verify measurements at the Site and shall not order materials or start fabrication until proper measurements have been taken.

2. All existing-condition measurements shown in the Contract Documents are subject to field verification

PART C – SUPPLEMENTAL GENERAL CONDITIONS Page 12 of 26 by the Contractor or Subcontractors, who shall be responsible for their accuracy.

CC. USE OF SITE

1. The Contractor shall confine his apparatus and plant, the storage of materials, the operation of the plant and workers and the parking of their cars to limits, locations and manner required by local ordinances, regulations, permits or as directed by the Inspector.

DD. CUTTING AND PATCHING OF WORK

1. The Contractor shall be responsible for all cutting, fitting, or patching that may be required to complete the Work or to make its several parts fit together properly.

2. The Contractor shall not damage or endanger any portion of the Work or the Work of the City or of any Other Contractors by cutting, patching, or otherwise altering any work, or by excavation. The

Contractor shall not cut or otherwise alter the work of the City or Other Contractor, except with the written consent of the City and of such Other Contractor. The Contractor shall not unreasonably withhold from the City or any Other Contractor his consent to cut or otherwise alter the Work.

EE. CLEANING UP

1. All cleaning not specifically covered in the Trade Sections of these specifications shall be done by the

Contractor. The Contractor shall be directly responsible for the cleaning of all sub-trades and shall correct all conditions not acceptable to the Inspector.

2. The Contractor shall keep and maintain a refuse container, sufficient in capacity to properly contain the disposal of all dirt and debris. The container shall be kept on the job at all times and shall be emptied at least once a week.

3. This cleaning shall include periodic cleaning such as the prompt removal, at suitable frequent and regular intervals, of debris and rubbish; and sheds, utensils, and equipment which have served their purpose. Cleaning shall also include, but is not limited to, the periodic mowing of lawn areas and cutting and/or removal of weeds as deemed necessary by the Director and the City of Cleveland.

a. The construction site shall be kept clean of all paper, banding steel, cardboard, etc. every working day.

b. The area shall also be free of garbage, foam cups, other foreign materials, and any and all other discarded material.

4. Periodic cleaning, if not done promptly and frequently enough to keep the work and premises looking reasonably neat and clean, so as to continually provide and maintain easy circulation for workers and materials everywhere on the premises, shall be subject to the Architect’s direction for more frequent cleaning.

5. If the Contractor fails to clean up at the completion of the Work as provided in Section B-18, the City may do so as provided in Section C-5.E and the cost thereof shall be charged to the…