Town & Country Transit SUMMARY

Kittanning ADA Ramps

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SECTION 011000 - SUMMARY

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary

Conditions and other Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section Includes:

1. Project information.

2. Work covered by Contract Documents.

3. Phased construction.

4. Work under Owner's separate contracts.

5. Future work not part of this Project.

6. Contractor's use of site and premises.

7. Coordination with occupants.

8. Work restrictions.

9. Specification and Drawing conventions.

10. Miscellaneous provisions.

B. Related Requirements:

1. Section 015000 "Temporary Facilities and Controls" for limitations and procedures governing temporary use of Owner's facilities.

1.3 PROJECT INFORMATION

A. Project Identification: Kittanning Transit ADA Ramp Design

1. Project Location: 179 N. McKean Street, Kittanning, PA 16201.

B. Owner: Town & Country Transit, 220 N. Grant Avenue, Kittanning, PA 16201

1. Owner's Representative: Sheila J Gombita.

C. Architect: Johnson, Mirmiran and Thompson, Inc. (JMT), 220 St. Charles Way, Suite 200, York, PA 17402

D. Construction Manager: Johnson, Mirmiran and Thompson, Inc. (JMT).

1. Construction Manager Representative: Project Manager, Michael J. Dillon PE, MBA

Mdillon@jmt.com mailto:TBergbauer@jmt.com

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2. Construction Manager has been engaged for this Project to serve as an advisor to Owner and to provide assistance in administering the Contract for construction between Owner and Prime Contractor, according to a separate contract between Owner and Construction

Manager.

1.4 WORK COVERED BY CONTRACT DOCUMENTS

A. The Work of Project is defined by the Contract Documents and consists of the following:

1. Town & Country Transit will construct a new ADA Ramp as specified within this contract and the incorporated drawings at 179 N. McKean Street, Kittanning, PA 16201.

B. Type of Contract:

Contract TACT PA 2025-1.1GC – General Construction

1.5 PHASED CONSTRUCTION

A. N/A

1.6 WORK UNDER OWNER'S SEPARATE CONTRACTS

A. N/A

1.7 CONTRACTOR'S USE OF SITE AND PREMISES

A. General: Contractor shall have limited use of Project site for construction operations as indicated on Drawings by the Contract limits and as indicated by requirements of this Section.

B. There will be limited onsite parking for contractor employees. Any off-site parking needs shall be the responsibility of the prime contractor.

C. Use of Site: Limit use of Project site to Work in areas indicated. Do not disturb portions of Project site beyond areas in which the Work is indicated.

1. Limits: Confine construction operations to areas shown on drawings.

2. Driveways, Walkways and Entrances: Keep driveways, parking garage, loading areas, and entrances serving premises clear and available to Owner, Owner's employees, and emergency vehicles at all times. Do not use these areas for parking or for storage of materials.

a. Schedule deliveries to minimize use of driveways and entrances by construction operations.

b. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on-site.

3. Restriction to the main entrance is to be limited to Twenty-One (21) consecutive calendar days. Failure to meet this restriction is subject to the liquidated damages specified in the contract.

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D. Condition of Existing Grounds: Maintain portions of existing grounds, landscaping, and hardscaping affected by construction operations throughout construction period. Repair damage caused by construction operations.

1.8 WORK RESTRICTIONS

A. Comply with restrictions on construction operations.

1. Comply with limitations on use of public streets, work on public streets, rights of way, and other requirements of authorities having jurisdiction.

B. On-Site Work Hours: Limit work to between 7 a.m. to 4 p.m., Monday through Friday, unless otherwise indicated. Work hours may be modified to meet Project requirements if approved by

Owner and authorities having jurisdiction.

1. Weekend Hours: Are available upon request and justification.

2. Early Morning and Late Evening Hours: Are available upon request and justification, and as allowed as per relevant the ordinances and regulations of Kittanning in Indiana County, PA.

3. Hours for Utility Shutdowns: Coordinate with the Owner.

C. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging for temporary utility services according to requirements indicated:

1. Notify Construction Manager not less than two days in advance of proposed utility interruptions.

2. Obtain Construction Manager's written permission before proceeding with utility interruptions.

D. Noise, Vibration, Dust, and Odors: Coordinate operations that may result in high levels of noise and vibration, dust, odors, or other disruption to Owner occupancy with Owner.

1. Notify Construction Manager not less than two days in advance of proposed disruptive operations.

2. Obtain Construction Manager's written permission before proceeding with disruptive operations.

E. Smoking and Controlled Substance Restrictions: Use of tobacco products and other controlled substances on Project site is not permitted.

F. Employee Identification: Provide identification tags for Contractor personnel working on Project site. Require personnel to use identification tags at all times.

G. Employee Screening: Comply with Owner's requirements for drug and background screening of

Contractor personnel working on Project site.

1. Maintain list of approved screened personnel with Owner's representative.

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1.9 SPECIFICATION AND DRAWING CONVENTIONS

A. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations.

These conventions are as follows:

1. Imperative mood and streamlined language are generally used in the Specifications. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or phrase.

2. Text Color: Text used in the Specifications, including units of measure, manufacturer and product names, and other text may appear in multiple colors or underlined as part of a hyperlink; no emphasis is implied by text with these characteristics.

3. Hypertext: Text used in the Specifications may contain hyperlinks. Hyperlinks may allow for access to linked information that is not residing in the Specifications. Unless otherwise indicated, linked information is not part of the Contract Documents.

4. Specification requirements are to be performed by Contractor unless specifically stated otherwise.

5. The DRAWINGS and SPECIFICATIONS are one part of the contract documents set and shall be used in conjunction with the remaining parts of the contract documents.

“DRAWINGS” means the latest design drawings and “SPECIFICATIONS” means the latest project specifications. In cases where requirements indicated on the DRAWINGS differ from the SPECIFICATIONS, the Contractor shall notify the Architect/Engineer and assume the most stringent requirement until otherwise notified in writing by the Architect or Engineer. Additionally, where referenced codes and standards identified in the plans, notes, or specifications conflict the more stringent or conservative provisions shall control.

The Contractor shall notify the Architect /Engineer of any such conflicts discovered.

B. Division 00 Contracting Requirements: General provisions of the Contract, including General and

Supplementary Conditions, apply to all Sections of the Specifications.

C. Division 01 General Requirements: Requirements of Sections in Division 01 apply to the Work of all Sections in the Specifications.

D. Drawing Coordination: Requirements for materials and products identified on Drawings are described in detail in the Specifications. One or more of the following are used on Drawings to identify materials and products:

1. Terminology: Materials and products are identified by the typical generic terms used in the individual Specifications Sections.

2. Abbreviations: Materials and products are identified by abbreviations published as part of the U.S. National CAD Standard and scheduled on Drawings.

3. Keynoting: Materials and products are identified by reference keynotes referencing

Specification Section numbers found in this Project Manual.

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PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)

END OF SECTION 011000

Town & Country Transit ALLOWANCES

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SECTION 012100 - ALLOWANCES

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary

Conditions and other Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section includes administrative and procedural requirements governing allowances.

B. Types of allowances include the following:

1. Lump-sum allowances.

2. Contingency allowances.

C. Related Requirements:

1. Section 012600 "Contract Modification Procedures" for procedures for submitting and handling Change Orders.

2. Section 014000 "Quality Requirements" for procedures governing the use of allowances for field testing by an independent testing agency.

1.3 DEFINITIONS

A. Allowance: A quantity of work or dollar amount included in the Contract, established in lieu of additional requirements, used to defer selection of actual materials and equipment to a later date when direction will be provided to Contractor. If necessary, additional requirements will be issued by Change Order.

1.4 SELECTION AND PURCHASE

A. N/A

1.5 ACTION SUBMITTALS

A. N/A

1.6 INFORMATIONAL SUBMITTALS

A. Coordinate and process submittals for allowance items in same manner as for other portions of the Work Include one or more paragraphs below as required to allow for verification of actual costs that are to be applied to the allowance.

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B. N/A

1.7 LUMP-SUM ALLOWANCES

A. Regarding permit fees associated with this work, allowance shall include agency fees only. No

Contractor labor, material, equipment, or other costs will be paid in addition to the agency fees under this allowance. No mark-ups shall be included in the permit fees charged by the AHJ.

B. At Project closeout, credit unused amounts remaining in the allowance to Owner by Change

Order.

1.8 CONTINGENCY ALLOWANCES

A. Use the contingency allowance only as directed by Architect for Owner's purposes and only by

Change Orders that indicate amounts to be charged to the allowance.

B. Change Orders authorizing use of funds from the contingency allowance will include Contractor's related costs and reasonable overhead and profit.

C. At Project closeout, credit unused amounts remaining in the contingency allowance to Owner by

Change Order.

1.9 ADJUSTMENT OF ALLOWANCES

A. Allowance Adjustment: To adjust allowance amounts, prepare a Change Order proposal based on the difference between purchase amount and the allowance, multiplied by final measurement of work-in-place where applicable.

1. If requested, prepare an explanation and documentation to substantiate distribution of overhead costs and other markups.

2. Owner reserves the right to establish the quantity of work-in-place by independent quantity survey, measure, or count.

B. Submit claims for increased costs due to a change in the scope or nature of the allowance described in the Contract Documents, for Contractor's demolition activities, labor, overhead, and profit.

1. Do not include Contractor's or subcontractor's indirect expense in the Change Order cost amount unless it is clearly shown that the nature or extent of Work has changed from what could have been foreseen from information in the Contract Documents.

2. No change to Contractor's indirect expense is permitted for selection of higher- or lower-priced materials or systems of the same scope and nature as originally indicated.

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PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION

3.1 EXAMINATION

A. N/A

3.2 PREPARATION

A. N/A

3.3 SCHEDULE OF ALLOWANCES

A. Allowance No. 1: Lump-Sum Allowance: Include the sum of $5,000.00 for general contract for release of related permits and for permit inspection services as required and as applicable.

1. This allowance includes fees charged by the AHJ only and shall not include Contractor overhead and profit.

B. Allowance No. 2: Contingency Allowance: Include a contingency allowance of $10,000.00 for general contract for use according to the Owner’s written instructions to cover the cost of any work or materials determined by the Owner to not be reasonably implied as included in the contract drawings and specifications.

END OF SECTION 012100

Town & Country Transit DELAYS AND EXTENSION OF TIME

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SECTION 012143 - DELAYS AND EXTENSION OF TIME

PART 1 - GENERAL

1.1 SUMMARY

A. Coordinate this section with General Conditions of the Contract for Construction.

1.2 DEFINITION

A. If the Contractor is delayed at any time in the progress of the work by act or neglect of Town &

Country Transit or the Design/Construction Professionals or by labor disputes, fire, unavoidable casualties, or by extreme weather conditions or by delay due to suspension of work, then the

Contract time may be extended by the approval of the Construction Manager and the Owner.

Town & Country Transit will not entertain delay for the failure to timely order supplies.

1.3 PROCEDURE

A. All claims for Extensions of Time shall be made to the Construction Manager in writing with supporting information data attached. Such requests shall be submitted no more than thirty (30) calendar days after the beginning of the initial occurrence of the delay; otherwise, the Contractors right to submit a request for an extension of time shall be waived. Within ten (10) working days after the end of a delayed period, the Contractor shall submit to Construction Manager: a time impact analysis calculating the actual number of days impacting the critical path; a statement of the exact number of days of delay for which it seeks an extension; and all additional information needed to substantiate the request for Extension of Time. This additional information will be considered as part of the original request for an Extension of Time if such an original request was timely filed. Failure of the Contractor to submit the exact number of days of delay for which he seeks an extension, together with any necessary additional information shall result in the

Construction Manager’s refusal to grant the request for an Extension of Time. Failure to timely order supplies and materials shall not be a sufficient basis for a time delay change order.

PART 2 - PRODUCTS (Not Used)

END OF SECTION 012143

Town & Country Transit SUBSTITUTION PROCEDURES

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SECTION 012500 - SUBSTITUTION PROCEDURES

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary

Conditions and other Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section includes administrative and procedural requirements for substitutions.

B. Related Requirements:

1. Section 012100 "Allowances" for products selected under an allowance.

2. Section 012300 "Alternates" for products selected under an alternate.

3. Section 016000 "Product Requirements" for requirements for submitting comparable product submittals for products by listed manufacturers.

1.3 DEFINITIONS

A. Substitutions: Changes in products, materials, equipment, and methods of construction from those required by the Contract Documents and proposed by Contractor.

1. Substitutions for Cause: Changes proposed by Contractor that are required due to changed

Project conditions, such as unavailability of product, regulatory changes, or unavailability of required warranty terms.

2. Substitutions for Convenience: Changes proposed by Contractor or Owner that are not required to meet other Project requirements but may offer an advantage to Contractor or

Owner.

1.4 ACTION SUBMITTALS

A. Substitution Requests: Submit three copies of each request for consideration to the Construction

Manager. Identify product, fabrication, or installation method to be replaced. Include

Specification Section number and title and Drawing numbers and titles.

1. Substitution Request Form: Use CSI Form 13.1A.

2. Documentation: Show compliance with requirements for substitutions and the following, as applicable:

a. Statement indicating why specified product or fabrication, or installation cannot be provided, if applicable.

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b. Coordination of information, including a list of changes or revisions needed to other parts of the Work and to construction performed by Owner and separate contractors that will be necessary to accommodate proposed substitution.

c. Detailed comparison of significant qualities of proposed substitutions with those of the Work specified. Include annotated copy of applicable Specification Section.

Significant qualities may include attributes, such as performance, weight, size, durability, visual effect, sustainable design characteristics, warranties, and specific features and requirements indicated. Indicate deviations, if any, from the Work specified.

d. Product Data, including drawings and descriptions of products and fabrication and installation procedures.

e. Samples, where applicable or requested.

f. Certificates and qualification data, where applicable or requested.

g. List of similar installations for completed projects, with project names and addresses as well as names and addresses of architects and owners.

h. Material test reports from a qualified testing agency, indicating and interpreting test results for compliance with requirements indicated.

i. Research reports evidencing compliance with building code in effect for Project, from ICC-ES.

j. Detailed comparison of Contractor's construction schedule using proposed substitutions with products specified for the Work, including effect on the overall

Contract Time. If specified product or method of construction cannot be provided within the Contract Time, include letter from manufacturer, on manufacturer's letterhead, stating date of receipt of purchase order, lack of availability, or delays in delivery.

k. Cost information, including a proposal of change, if any, in the Contract Sum.

l. Contractor's certification that proposed substitution complies with requirements in the Contract Documents, except as indicated in substitution request, is compatible with related materials and is appropriate for applications indicated.

m. Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of failure of proposed substitution to produce indicated results.

3. Architect's Action: If necessary, Architect will request additional information or documentation for evaluation within seven (7) calendar days of receipt of a request for substitution. Architect will notify Contractor through Construction Manager of acceptance or rejection of proposed substitution within (14) calendar days of receipt of request, or seven (7) calendar days of receipt of additional information or documentation, whichever is later.

a. Forms of Acceptance: Change Order, Construction Change Directive, or Architect's

Supplemental Instructions for minor changes in the Work.

b. Use product specified if Architect does not issue a decision on use of a proposed substitution within time allocated.

1.5 QUALITY ASSURANCE

A. Compatibility of Substitutions: Investigate and document compatibility of proposed substitution with related products and materials. Engage a qualified testing agency to perform compatibility tests recommended by manufacturers.

012500 - 3

1.6 PROCEDURES

A. Coordination: Revise or adjust affected work as necessary to integrate work of the approved substitutions.

1.7 SUBSTITUTIONS

A. Substitutions for Cause: Submit requests for substitution immediately on discovery of need for change, but not later than 21 calendar days prior to time required for preparation and review of related submittals.

1. Conditions: Architect will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Architect will return requests without action, except to record noncompliance with these requirements:

a. Requested substitution is consistent with the Contract Documents and will produce indicated results.

b. Requested substitution provides sustainable design characteristics that specified product provided.

c. The substitute request is fully documented and properly submitted.

d. Requested substitution will not adversely affect Contractor's construction schedule.

e. Requested substitution has received necessary approvals of authorities having jurisdiction.

f. Requested substitution is compatible with other portions of the Work.

g. Requested substitution has been coordinated with other portions of the Work.

h. Requested substitution provides specified warranty.

i. If requested substitution involves more than one contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved.

B. Contractor may not substitute materials or products deemed “Buy America Act” with materials or products not in compliance with the before mentioned Act.

C. Substitutions for Convenience: Construction Manager will consider requests for substitution if received within 30 calendar days after the Notice to Proceed. Requests received after that time may be considered or rejected at the discretion of the Construction Manager.

1. Conditions: Architect will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Architect will return requests without action, except to record noncompliance with these requirements:

a. Requested substitution offers Owner a substantial advantage in cost (Contractor to submit documentation outlining purchase cost savings), time, energy conservation, or other considerations, after deducting additional responsibilities Owner must assume. Owner's additional responsibilities may include compensation to Architect for redesign and evaluation services, increased cost of other construction by Owner, and similar considerations. Outline total net cost savings proposed to contract.

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b. Requested substitution does not require extensive revisions to the Contract

Documents.

c. Requested substitution is consistent with the Contract Documents and will produce indicated results.

d. Requested substitution provides sustainable design characteristics that specified product provided.

e. The substitute request is fully documented and properly submitted.

f. Requested substitution will not adversely affect Contractor's construction schedule.

g. Requested substitution has received necessary approvals of authorities having jurisdiction.

h. Requested substitution is compatible with other portions of the Work.

i. Requested substitution has been coordinated with other portions of the Work.

j. Requested substitution provides specified warranty.

k. If requested substitution involves more than one contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved.

PART 2 - PRODUCTS (Not Used)

END OF SECTION 012500

Town & Country Transit CONTRACT MODIFICATION PROCEDURES

012600 - 1

SECTION 012600 - CONTRACT MODIFICATION PROCEDURES

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary

Conditions and other Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section includes administrative and procedural requirements for handling and processing

Contract modifications.

B. Related Requirements:

1. Section 012500 "Substitution Procedures" for administrative procedures for handling requests for substitutions made after the Contract award.

1.3 MINOR CHANGES IN THE WORK

A. Architect will issue through Construction Manager supplemental instructions authorizing minor changes in the Work, not involving adjustment to the Contract Sum or the Contract Time, on AIA

Document G710, "Architect's Supplemental Instructions" or other appropriate form.

1.4 COST OF THE WORK

A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in

Paragraph 1.4.B, necessarily incurred and paid by the Contractor in the proper performance of the

Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to

Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 1.4.B, and shall include only the following items:

1. Payroll costs for employees in the direct employ of Contractor in the performance of the

Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, working superintendents, working foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the

Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise tax, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work

012600 - 2 outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner.

2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to the Contractor unless the Owner deposits funds with the Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained.

3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors.

If required by the Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 1.4.

4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work.

5. Supplemental costs including the following:

a. The proportion of necessary transportation, travel, and subsistence expenses of

Contractor’s employees incurred in discharge of duties connected with the Work.

b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, field office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor.

c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by

Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work.

d. Sales, consumer, use, and other similar taxes related to the Work, and for which

Contractor is liable, as imposed by Laws and Regulations.

e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses.

f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with the General

Conditions of the contract), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of the Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee.

g. The cost of utilities, fuel, and sanitary facilities at the Site.

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h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work.

i. The costs of premiums for all bonds and insurance Contractor is required by the

Contract Documents to purchase and maintain.

B. Costs Excluded: The term Cost of the Work shall not include any of the following items:

1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 1.4.A.1 or specifically covered by Paragraph 1.4.A.4, all of which are to be considered administrative costs covered by the Contractor’s fee.

2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the

Site.

3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments.

4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property.

5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 1.4.A. Eichleay and general damages for overhead will not be considered.

6. No consequential damages will be entertained.

C. Contractor’s Fee: When all the Work is performed on the basis of fixed-fee, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change

Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 1.5.C.

D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to

Paragraphs 1.4.A and 1.4.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data.

1.5 PROPOSAL REQUESTS

A. Owner-Initiated Proposal Requests: Architect and/or Construction Manager will issue a detailed description of proposed changes in the Work that may require adjustment to the Contract Sum or the Contract Time. If necessary, the description will include supplemental or revised Drawings and Specifications and a specific statement as to whether overtime work is, or is not, authorized.

1. Work Change Proposal Requests issued by Architect and/or Construction Manager are not instructions either to stop work in progress or to execute the proposed change.

2. Within time specified in Proposal Request or (14) calendar days, when not otherwise specified, after receipt of Proposal Request, contractor shall submit a quotation estimating

012600 - 4 cost adjustments to the Contract Sum and the Contract Time necessary to execute the change.

a. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities.

b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts.

c. Include costs of labor and supervision directly attributable to the change.

d. Include an updated Contractor's construction schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time.

e. Quotation Form: Use forms acceptable to Construction Manager.

B. Contractor-Initiated Proposals: If latent or changed conditions require modifications to the

Contract, Contractor may initiate a claim by submitting a request for a change to Construction

Manager. Except for the purpose of affording protection against any emergency endangering health, life, limb, or property, the Contractor shall make no change in the material used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services, or materials beyond that actually required for the executing of the Contract, unless in pursuance of a written order from the Owner authorizing the Contractor to proceed with the change. No claim for an adjustment of the Contract Price will be valid unless so ordered.

1. Include a statement outlining reasons for the change and the effect of the change on the

Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and the Contract Time.

2. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities.

3. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts.

4. Include costs of labor and supervision directly attributable to the change.

5. Include overhead and profit (Prime and Sub-contractor).

6. Include an updated Contractor's construction schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the

Contract Time.

7. Comply with requirements in Section 012500 "Substitution Procedures" if the proposed change requires substitution of one product or system for product or system specified.

8. Proposal Request Form: Use form acceptable to Construction Manager.

C. Contractors Fee: The Contractor’s fee for overhead and profit for all proposal requests shall be determined as follows:

1. a mutually acceptable fixed fee; or

2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work:

a. for costs incurred under Paragraphs 1.4.A.1 and 1.4.A.2, the Contractor’s fee shall be 15 percent;

b. for costs incurred under Paragraph 1.4.A.3, the Contractor’s fee shall be five percent;

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c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 1.5.C.2.a and 1.5.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs

1.4.A.1 and 1.4.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor;

d. no fee shall be payable on the basis of costs itemized under Paragraphs 1.4.A.4, 1.4.A.5, and 1.4.B;

e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent of such net decrease; and

f. when both additions and credits are involved in any one change, the adjustment in the Contractor’s fee shall be computed on the basis of the net change in accordance with Paragraphs 1.5.C.2.a through 1.5.C.2.e, inclusive.

1.6 ADMINISTRATIVE CHANGE ORDERS

A. Allowance Adjustment: See Section 012100 "Allowances" for administrative procedures for preparation of Change Order Proposal for adjusting the Contract Sum to reflect actual costs of allowances.

B. Unit-Price Adjustment: A unit price is an amount proposed by Bidders and stated on the Bid Form as a price per unit of measurement for materials or services that will be added to or deducted from the Contract Sum by change Order in the event the estimated quantifies of Work required by the

Contract Documents are increased or decreased.

1. Unit Prices include all necessary material, overhead, profit and applicable taxes.

2. Refer to individual Specification Sections for construction activities requiring the establishment of unit prices. Methods of measurement and payment for unit prices are specified in those Sections.

3. The owner, at his/her discretion, may determine whether they agree to a unit price adjustment based upon an error in judgment as opposed to a change in circumstances.

1.7 CHANGE ORDER PROCEDURES

A. On Owner's approval of a Work Changes Proposal Request, Construction Manager will issue a

Change Order for signatures of Owner and Contractor on AIA Document G701 or another appropriate form. Agreement on any change order shall constitute a final settlement on all matters relating to the change in the Work that is subject to the change order, including, but not limited to, all direct and indirect costs associated with such change, labor required, equipment required, products required, taxes, insurance, bonds, credit for work deleted, overhead and profit and any adjustment to the Contract Sum and the Project Schedule.

B. Should a proposal not be acceptable to the Owner and a prompt agreement between the two parties cannot be reached, the Owner may issue a Construction Change Directive and order the

Contractor to proceed with the work on a time and material basis, with total costs not to exceed a specified limit.

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1. Support each claim for additional costs, and for work done on a time and material/force account basis, with documentation as required for a lump sum proposal, plus additional information.

a. Name of the Owner's authorized agent who ordered the work, and date of the order.

b. Dates and times work was performed, and by whom.

c. Time record, summary of hours worked, and hourly rates paid.

d. Receipts and invoices for:

1) Equipment used, listing dates and times of use.

2) Products used, listing of quantities.

3) Subcontracts

1.8 CONSTRUCTION CHANGE DIRECTIVE

A. Construction Change Directive: Architect and/or Construction Manager may issue a Construction

Change Directive on AIA Document G714 or another appropriate form. Construction Change

Directive instructs Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order.

1. The Construction Change Directive contains a complete description of changes in the

Work. It also designates methods to be followed to determine a change in the Contract Sum or the Contract Time.

B. Documentation: Maintain detailed records on a time and material basis of work required by the

Construction Change Directive.

1. After completion of change, submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract.

1.9 UNJUST ENRICHMENT

A. In no event shall the Owner be subject to a claim of unjust enrichment or quantum merit, regardless of whether Owner has been unjustly enriched.

B. Contractor hereby waives any right to make or bring a claim of unjust enrichment or quantum merit.

1.10 UPDATES IN STATE AND FEDERAL CLAUSES OR DIRECTIVES

A. Town & Country Transit may issue a change order to add federal or state clauses or directives to the contract. The Construction Manager will determine if these changes justify an increase in the contract amount.

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PART 2 - PRODUCTS (Not Used)

END OF SECTION 012600

Town & Country Transit PAYMENT PROCEDURES

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SECTION 012900 – PAYMENT PROCEDURES

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary

Conditions and other Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section includes administrative and procedural requirements necessary to prepare and process

Applications for Payment.

B. Related Requirements:

1. Section 012100 "Allowances" for procedural requirements governing the handling and processing of allowances.

2. Section 012600 "Contract Modification Procedures" for administrative procedures for handling changes to the Contract.

3. Section 012973 Schedule of Values.

4. Section 013216 "Construction Progress Documentation" for administrative requirements governing the preparation and submittal of the Contractor's construction schedule.

1.3 DEFINITIONS

A. Schedule of Values: A statement furnished by Contractor allocating portions of the Contract Sum to various portions of the Work and used as the basis for reviewing Contractor's Applications for

Payment.

1.4 APPLICATIONS FOR PAYMENT

A. Each Application for Payment following the initial Application for Payment shall be consistent with previous applications and payments, as certified by the Construction Manager and paid for by Owner.

1. Initial Application for Payment, Application for Payment at time of Substantial

Completion, and final Application for Payment involve additional requirements.

B. Payment Application Times: The date for each progress payment is indicated in the Owner and

Contractor Agreement. The period of construction work covered by each Application for Payment is the period indicated in the Agreement.

1. Submit draft copy of Application for Payment seven (7) calendar days prior to due date of

Final Application for review by Construction Manager.

C. Application for Payment Forms: Use AIA Document G702/CMa and AIA Document G703 as form for Applications for Payment. Submit forms for approval with initial submittal of schedule of values.

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1. Certified Payrolls for the payment application period for both the Prime Contractor and any subcontractor that performed work in the payment period must be submitted prior to submission of the payment application. Certified Payrolls are to be transmitted to the

Construction Manager through the project’s documentation software.

D. Application Preparation: Complete every entry on form. Notarize and execute by a person authorized to sign legal documents on behalf of Contractor. Construction Manager will return incomplete applications without action.

1. Entries shall match data on the schedule of values and Contractor's construction schedule.

Use updated schedules if revisions were made.

2. Include amounts for work completed following previous Application for Payment, whether or not payment has been received. Include only amounts for work completed at time of

Application for Payment.

3. Include amounts of Change Orders and Construction Change Directives issued before the last day of construction period covered by application.

4. Indicate separate amounts for work being carried out under Owner-requested project acceleration.

E. Transmittal: Submit four (4) signed and notarized original copies of each Application for Payment to Construction Manager by a method ensuring receipt within 24 hours. One copy shall include waivers of lien and similar attachments if required.

1. Transmit each copy with a transmittal form listing attachments and recording appropriate information about application.

F. Waivers of Mechanic's Lien: With each Application for Payment, submit waivers of mechanic's lien from subcontractors, sub-subcontractors, and suppliers for construction period covered by the previous application.

1. Submit partial waivers on each item for amount requested in previous application, after deduction for retainage, on each item.

2. When an application shows completion of an item, submit conditional final or full waivers.

3. The owner reserves the right to designate which entities involved in the Work must submit waivers.

4. Submit final Application for Payment with or preceded by conditional final waivers from every entity involved with performance of the Work covered by the application who is lawfully entitled to a lien.

5. Waiver Forms: Submit executed waivers of lien on forms acceptable to Owner.

G. Initial Application for Payment: Administrative actions and submittals that must precede or coincide with submittal of first Application for Payment include the following:

1. List of subcontractors.

2. Schedule of values.

3. Contractor's construction schedule (preliminary if not final).

4. Combined Contractor's construction schedule (preliminary if not final) incorporating Work of sub-contracts, with indication of acceptance of schedule by each Contractor.

5. Products list (preliminary if not final).

6. Submittal schedule (preliminary if not final).

7. List of Contractor's staff assignments.

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8. List of Contractor's principal consultants.

9. Copies of building permits.

10. Copies of authorizations and licenses from authorities having jurisdiction for performance of the Work.

11. Initial progress report.

12. Report of preconstruction conference.

13. Certificates of insurance and insurance policies. (Unless submitted prior to executing the

Contract)

14. Performance and payment bonds. (Unless submitted prior to executing the Contract)

H. Application for Payment at Substantial Completion: After Architect or Construction Manager issues the Certificate of Substantial Completion, submit an Application for Payment showing 100 percent completion for portion of the Work claimed as substantially complete.

1. Include documentation supporting the claim that the Work is substantially complete and a statement showing an accounting of changes to the Contract Sum.

2. This application shall reflect Certificate(s) of Substantial Completion issued previously for

Owner occupancy of designated portions of the Work.

I. Final Payment Application: After completing Project closeout requirements, submit final

Application for Payment with releases and supporting documentation not previously submitted and accepted, including, but not limited, to the following:

1. Evidence of completion of Project closeout requirements.

2. Certification of completion of final punch list items.

3. Insurance certificates for products and completed operations were required and proof that taxes, fees, and similar obligations were paid.

4. Updated final statement, accounting for final changes to the Contract Sum.

5. AIA Document G706, "Contractor's Affidavit of Payment of Debts and Claims."

6. AIA Document G706A, "Contractor's Affidavit of Release of Liens."

7. AIA Document G707, "Consent of Surety to Final Payment."

8. Evidence that claims have been settled.

9. Final meter readings for utilities, a measured record of stored fuel, and similar data as of date of Substantial Completion or when Owner took possession of and assumed responsibility for corresponding elements of the Work.

10. Final liquidated damages settlement statement.

11. Proof that taxes, fees, and similar obligations are paid.

12. Waivers and releases.

PART 2 - PRODUCTS (Not Used)

END OF SECTION 012900

Town & Country Transit SCHEDULE OF VALUES

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SECTION 012973 - SCHEDULE OF VALUES

PART 1 - REQUIREMENTS INCLUDED

A. Procedures for preparation and submittal of Schedule of Values.

1.2 RELATED REQUIREMENTS

A. General Conditions of the Contract: Schedule of Values.

B. Section 012900 – Payment Procedures - Procedures for Applications for Payment.

1.3 FORMAT

A. Type Schedule on AIA Document G703 - Continuation Sheet for Application and Certificate for

Payment or on 8-1/2 x 11 in. white bond paper.

B. Contractor's standard forms or media driven printout will be considered upon request.

C. Follow Table of Contents or Project Manual for listing component parts. Identify each line item by number and title of major Specification Section.

1.4 CONTENT

A. List each "Major Item of Work" and each "Subcontracted Item of Work" and each item covered under “General Conditions”: As a separate line item to serve as a basis for computing values for

Progress Payments.

B. List each "Major Item of Work" greater than $10,000 in value…