Appendix B1 - Wilkeson Pointe - Project Manual Volume 1 of 2.pdf

BID DOCUMENTS – MAY 4, 2023

Buffalo Outer Harbor Access and Activation Civic Project – Phase 2

WILKESON POINTE

225 Fuhrmann Blvd, Buffalo, NY

ERIE CANAL HARBOR DEVELOPMENT CORPORATION

Steven Ranalli, VP of Waterfront Development Erie Canal Harbor Development Corporation 95 Perry Street, 5th Floor Buffalo, NY 14203

Volume 1 of 2

Prime Consultant TWMLA – A Fisher Associates Studio 1001 West Seneca Street Suite 201 Ithaca, NY 14850

Architect Chiang|O’Brien Architects, DPC 214 North Aurora Street Ithaca, NY 14850

Food Service Consultant Clevenger Frable LaVallee 39 Westmoreland Ave White Plains, NY 10606

Lighting Designer Tillett Lighting Design Associates 15 Maiden Lane Suite 508 New York, NY 10038

Structural/Civil Engineer

WSP USA

50 Lakefront Boulevard, Suite 111 Buffalo NY 14202

Environmental Engineer The LiRo Group 690 Delaware Avenue Buffalo NY 14209

M/E/P Engineer Encorus Group 23 Mechanic Street Springville, NY 14141

Habitat Restoration Biohabitats, Inc. Great Lakes Bioregion 2026 Murray Hill Road, Suite 102 Cleveland, OH 441

Erie Canal Harbor Development Corporation Buffalo Outer Harbor Access and Activation Civic Project

Phase 2 Wilkeson Pointe

TABLE OF CONTENTS TOC - 1

TABLE OF CONTENTS

SPECIFICATIONS VOLUME 1

DIVISIONS 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

NOTICE TO BIDDERS

OWNER CONTRACTOR SUPPLEMENTARY CONDITIONS

PREVAILING WAGE RATE SCHEDULE

DIVISIONS 01 – GENERAL REQUIREMENTS

011000 Summary 011100 Special Provisions and Forms 011100A Milestone Schedule 011100B Site Logistics Plan

011200.1 Scope of Work – BP-01 Site Work Contract

011200.2 Scope of Work – BP-02 General Trades Contract

011200.3 Scope of Work – BP-03 HVAC / Plumbing Contract

011200.4 Scope of Work – BP-04 Electrical Contract

012100 Allowances 012200 Unit Prices 012500 Substitution Procedures 012600 Contract Modification Procedures 012900 Payment Procedures 013100 Project Management and Coordination 013200 Construction Progress Documentation 013233 Photographic Documentation 013300 Submittal Procedures 013516 Alteration Project Procedures 013529 Health and Safety 014000 Quality Requirements 014100 Special Inspections and Structural Testing 014100b Statement of Special Inspections 014200 References 015000 Temporary Facilities and Controls 016000 Product Requirements 017300 Execution 017419 Excavated Soil and Construction Waste Management and Disposal 017700 Closeout Procedures 017823 Operation and Maintenance Data 017839 Project Record Documents 017900 Demonstration and Training

SPECIFICATIONS VOLUME 2

Phase 2 Wilkeson Pointe

TABLE OF CONTENTS TOC - 2

DIVISION 03 – CONCRETE

031100 Concrete Formwork 032100 Steel Concrete Reinforcement 033001 Cast-in-Place Concrete

DIVISION 04 – MASONRY

044100 Dry Laid Stone

DIVISION 05 – METAL

051200 Structural Steel 053100 Fluted Steel Decks 054000 Cold Formed Metal Framing 055000 Metal Fabrications 057300 Decorative Metal Railings

DIVISION 06 – WOOD

061053 Miscellaneous Rough Carpentry 061500 Wood Decking 061600 Sheathing 062013 Exterior Finish Carpentry 066400 Plastic Paneling

DIVISION 07 – THERMAL AND MOISTURE PROTECTION

072100 Thermal Insulation 072119 Foamed-In-Place Insulation 072423 Direct-Applied Exterior Finish System (DEFS) 072726 Fluid-Applied Membrane Air Barriers

074113.16 Standing-Seam Metal Roof Panels

076200 Sheet Metal Flashing and Trim 077100 Roof Specialties 079200 Joint Sealants

DIVISION 8 – OPENINGS

081113 Hollow Metal Doors and Frames 083323 Overhead Coiling Doors 084113 Aluminum Framed Entrances and Storefronts 087100 Door Hardware 088000 Glazing

DIVISION 9 – FINISHES

092216 Non-Structural Metal Framing 092900 Gypsum Board 093013 Ceramic Tiling 099100 Painting 099300 Staining and Transparent Finishing

Phase 2 Wilkeson Pointe

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DIVISION 10 – SPECIALTIES

102800 Toilet, Bath, and Laundry Accessories

DIVISION 11 – EQUIPMENT

114000 Food Service Equipment

DIVISION 12 – FURNISHINGS

123661.16 Solid Surfacing Stools

129300 Site Furnishings

DIVISION 13 –SPECIAL CONSTRUCTION

133423 Shipping Containers

DIVISION 21 – FIRE SUPPRESSION

211116 Facility Fire Hydrants

DIVISION 22 - PLUMBING

220517 Sleeves and Sleeve Seals for Plumbing Piping 220518 Escutcheons for Plumbing Piping

220523.12 Ball Valves for Plumbing Piping

220523.14 Check Valves for Plumbing Piping

220529 Hangers and Supports for Plumbing Piping and Equipment 220553 Identification for Plumbing Piping and Equipment 220719 Plumbing Piping Insulation 221113 Facility Water Distribution Piping 221116 Domestic Water Piping 221119 Domestic Water Piping Specialties 221313 Facility Sanitary Sewers 221316 Sanitary Waste and Vent Piping 221319 Sanitary Waste Piping Specialties

221319.13 Sanitary Drains

221323 Sanitary Waste Interceptors 223300 Electric, Domestic-Water Heaters 223400 Fuel-Fired, Domestic-Water Heaters

224213.13 Commercial Water Closets

224216.13 Commercial Lavatories

224216.16 Commercial Sinks

224223 Commercial Showers 224713 Drinking Fountains

DIVISION 23 - HEATING, VENTILATING, AND AIR CONDITIONING (HVAC)

230517 Sleeves and Sleeve Seals for HVAC Piping 230518 Escutcheons for HVAC Piping 230529 Hangers and Supports for HVAC Piping and Equipment 231123 Facility Natural-Gas Piping 232300 Refrigerant Piping

Phase 2 Wilkeson Pointe

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233113 Metal Ducts 233416 Centrifugal HVAC Fans 233423 HVAC Power Ventilators 233533 Listed Kitchen Ventilation System Exhaust Ducts

233713.23 Registers and Grilles

233723 HVAC Gravity Ventilators

235523.13 Low-Intensity, Gas-Fired, Radiant Heaters

238239.19 Wall and Ceiling Unit Heaters

DIVISION 26 - ELECTRICAL

260519 Low-Voltage Electrical Power Conductors and Cables 260523 Control-Voltage Electrical Power Cables 260526 Grounding and Bonding for Electrical Systems 260529 Hangers and Supports for Electrical Systems 260533 Raceways and Boxes for Electrical Systems 260543 Underground Ducts and Raceways for Electrical Systems 260544 Sleeves and Sleeve Seals for Electrical Raceways and Cabling 260553 Identification for Electrical Systems 260800 Commissioning of Electrical Systems 260923 Lighting Control Devices

260943.16 Addressable Luminaire Lighting Controls

262416 Panelboards 262713 Electricity Metering 262726 Wiring Devices 262743 Electric-Vehicle Service Equipment - AC Level 2 262816 Enclosed Switches and Circuit Breakers 264313 Surge Protection for Low-Voltage Electrical Power Circuits 265119 LED Interior Lighting 265613 Lighting Poles and Standards 265619 LED Exterior Lighting

DIVISION 27 - COMMUNICATIONS

270526 Grounding and Bonding for Communications Systems 270528 Pathways for Communications Systems 270529 Hangers and Supports for Communications Systems 270544 Sleeves and Sleeve Seals for Communications Pathways and Cabling 270553 Identification for Communications Systems 271100 Communications Equipment Room Fittings

DIVISION 31 – EARTHWORK

310000 Earthwork 311000 Site Clearing 312000 Earth Moving 312513 Erosion and Sediment Control

313119.13 Invasive Species Control and Management

316213 Drilled Concrete Shafts

Phase 2 Wilkeson Pointe

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DIVISION 32 – EXTERIOR IMPROVEMENTS

321216 Asphalt Paving 321313 Concrete Paving 321440 Stone Paving 321640 Stone Curbs 323113 Fences and Gates 329113 Soil Preparation 329200 Turf and Grasses 329300 Plants

DIVISION 33 – UTILITIES

333913 Manholes and Drainage Structures 334104 Corrugated Polyethylene Storm Drain Pipe 334105 Plastic Storm Drainage Pipe

Outer Harbor Phase 1C – Wilkeson Pointe Improvements

NOTICE TO BIDDERS 000001 - 1

NOTICE TO BIDDERS

Bids: Bid proposals shall be submitted as described in the Information to Bidders.

Project Description: This project is located at Wilkeson Pointe at the Buffalo Outer Harbor and consists of habitat restoration, parking lot improvements, improved pedestrian and bike paths, and construction of a small amenity building for restrooms and storage.

Pre-Bid Meeting: A non-mandatory pre-bid meeting will be held on May 12, 2023, at 10:00 a.m. at the project site.

Questions: Questions on this solicitation (including Requests For additional Information) must be submitted in writing and provided to the Owner no later than May 19, 2023, at 4:00 p.m. Requests received thereafter will not be addressed. Any questions or comments regarding this solicitation may be directed to the dedicated email included in the Information to Bidders. Contact with any other person at ECHDC or ESDC or the State regarding this solicitation is prohibited by law.

Contracts: The following contract will be bid at this time:

ECHDC OUTER HARBOR PH1C-01 – SITE CONSTRUCTION

ECHDC OUTER HARBOR PH1C-02 – GENERAL TRADES

ECHDC OUTER HARBOR PH1C-03 – MECHANICAL TRADES (PLUMBING/HVAC)

ECHDC OUTER HARBOR PH1C-01 – ELECTRICAL WORK

Contract Documents: Contract documents will be available for examination at the locations indicated below:

Contract documents will be posted on the New York Contract Reporter and Erie Canal Harbor Development Corporation website. Reproductions of the Documents will be at the cost of the potential contractor.

Form of Bid: Bids must be submitted upon the proposal form(s) furnished in the Proposal Booklet, and must not be detached from the booklet. Addendum pages, if issued, shall be stapled to the original pages and submitted as required attached to the original bid form.

Bid Guarantee: Each bid shall be accompanied by an acceptable form of bid guarantee in an amount equal to ten percent (10%) of the amount of the base bid payable to the Erie Canal Harbor Development Corporation as a guarantee that if the bid is accepted, the bidder will execute the Contract within ten (10) days after the notice to proceed. Failure to submit a bid bond or certified check with bid will result in automatic disqualification of bid. Failure to submit a bid on the proposal form(s) furnished in the Proposal Booklet, or submittal of form(s) detached from the Proposal Booklet will result in automatic disqualification of bid.

Definitions: The Owner shall be defined as the Erie Canal Harbor Development Corporation (ECHDC), a subsidiary of the New York State Urban Development Corporation, d/b/a Empire State Development Corporation (ESDC), 633 Third Ave, New York, NY 10017. The Construction Manager shall be defined as Turner Construction Company, 50 Lakefront Blvd, Buffalo, NY 14202. The design consultants are Bergmann Associates and Trowbridge.

Erie Canal Harbor Development Corporation Outer Harbor Phase 1B – Bell Slip Improvements

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Opening of Bids: At the date and time noted for receipt of proposals, the proposals will be publicly opened and read aloud via a conference call. Only those bids in the hands of the Erie Canal Harbor Development Corporation, available to be read at the time and date designated above will be considered.

Owner’s Rights: The Erie Canal Harbor Development Corporation reserves the right to waive any informalities, or reject any or all bids, or to make any contract which it deems to be in the best interest of the Erie Canal Harbor Development Corporation or the project sponsors.

Bid Withdrawal: No bidder may withdraw his bid within ninety (90) days after actual opening thereof.

Non-Discrimination and Contractor & Supplier Diversity: Empire State Development’s Non- Discrimination and Contractor & Supplier Diversity policy will apply. The contractor shall be required to use Good Faith Efforts to achieve Minority and Women-owned Business Enterprise (“MWBE”) participation of no less than 15% MBE and 15% WBE related to the total value of ESD’s funding. MWBE contractors are encouraged to apply. The contractor shall also be required to use Good Faith Efforts to achieve Service-Disabled Veteran-Owned Business (SDVOB) participation of no less than 6% related to the total value of ESD’s funding. Additional requirements and required form can be found in the Bid Forms section of the bid package.

Prevailing Wages: Prevailing wage provisions will apply.

Project Duration:

Contract duration is from the tentative award date, July 10, 2023 to Final Completion Date, December 31, 2024. An interim notice to proceed shall be granted to the apparent low bidder to allow for commencement of submittals and shop drawings and construction fencing.

ECHDC expects substantial completion to be October 31, 2024. The Contractor shall undertake project efforts and required correspondence in earnest and with diligence to meet the schedule and maintain progress despite adverse seasonal weather conditions.

Qualifications: All bidders must complete all sections of the Contractor Qualifications Statement for a bid to be declared responsive (See Bid Forms, Attachment #1 – Contractor Qualifications Statement). The contract will be awarded to the lowest responsible bidder that meets the minimum qualifications.

The low bidder shall demonstrate its responsibility to perform and complete all required work by submitting a statement of its experience and of any subcontractors which the low bidder intends to use to perform the work. The low bidder shall include his plan or program for providing sufficient labor and equipment to perform the project as detailed by the project documents, within the allotted time frame and sequencing for the project. Low bidder is encouraged to employ local labor.

The low bidder must demonstrate a minimum of five (5) years of experience and the completion of five (5) projects of similar scope and value. The work history shall also demonstrate project experience under accelerated work schedules, completion of work under critical deadlines and projects where site work was performed in adverse winter weather conditions. Additional qualification requirements and certifications as required by the individual technical specifications must be met by either the Prime Contractor or a qualified Subcontractor.

The prime Contractor shall obtain bid and performance bonds directly from a Surety Company with a minimum rating by A.M. Best of (A-) in the “Best’s Key Rating Guide”. The surety firm must be licensed to bond construction projects in the state of New York. The Prime Contractor and/or subcontractor(s) must

Outer Harbor Phase 1C – Wilkeson Pointe Improvements

NOTICE TO BIDDERS 000001 - 3

demonstrate the experience level for the various work elements as listed below:

Empire State Development may require the low bidder to further demonstrate its responsibility to perform and complete the work by submitting additional information regarding the low bidder’s experience, obtaining labor/work force and financial resources. The prime Contractor shall demonstrate that they have the financial resources to perform the work. If requested by Empire State Development, additional information must be submitted by the low bidder within seven (7) calendar days of the request.

All information pertaining to the bidder’s financial resources shall be submitted by a Certified Public Accountant.

Other:

Contractor’s performing project work must be duly licensed in the City of Buffalo and by other entities governing the work. Contractor’s bid is to include an acknowledgment that the Contractor (and their subcontractors and suppliers) possesses the necessary licenses (or have filed licensing applications) with the City of Buffalo. Contractor’s bid is to also include an acknowledgement that the Contractor (and their subcontractors and suppliers), are licensed by governing agencies of jurisdiction as required to complete the work and possess the requisite capabilities required by the Contract Documents including specific qualifications identified therein.

Contractor is responsible to ascertain, obtain and pay all costs for any additional licensing and permits needed to perform the work. Permits needed to complete the work, and to be obtained by the contractor are expected to include (but not necessarily limited to) City of Buffalo Construction Permits.

All respondents to this procurement will be required to comply with ESDC’s form of agreement and insurance requirements.

SUPPLIMENTARY CONDITIONS 000004 - 1

OWNER / CONTRACTOR SUPPLEMENTARY CONDITIONS

BETWEEN

ERIE CANAL HARBOR DEVELOPMENT CORPORATION

AND

FOR

BUFFALO OUTER HARBOER; WILKESON POINTE IMPROVEMENT PROJECT

Dated: July 14, 2022

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SUPPLEMENTARY CONDITIONS

SECTION 1 CONTRACT PRICE

SECTION 2 SCOPE OF WORK, MATERIALS AND LABOR

SECTION 3 COMMENCEMENT AND COMPLETION OF WORK AND OCCUPANCY

SECTION 4 METHOD, SCHEDULE AND TERMS OF PAYMENT

SECTION 5 CONTRACTOR

SECTION 6 CONTRACT ADMINISTRATION

SECTION 7 INSPECTION AND ACCEPTANCE

SECTION 8 CHANGES IN WORK

SECTION 9 SUBCONTRACTS AND PURCHASE ORDERS

SECTION 10 ASSIGNMENT

SECTION 11 MECHANICS’ LIENS AND CLAIMS

SECTION 12 DISPUTES

SECTION 13 TERMINATION

SECTION 14 INDEMNITY AND PROTECTION OF RIGHTS, PERSONS AND PROPERTY

SECTION 15 USE OR OCCUPANCY PRIOR TO ACCEPTANCE BY THE OWNER

SECTION 16 WARRANTIES AND GUARANTEES

SECTION 17 PATENTS AND ROYALTIES

SECTION 18 SHOP DRAWINGS AND SAMPLES

SECTION 19 NOTICES

SECTION 20 NON-DISCRIMINATION AND AFFIRMATIVE ACTION

SECTION 21 STANDARD PROVISIONS

EXHIBIT A Performance Bond

EXHIBIT B Labor and Material Payment Bond

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SUPPLEMENTARY CONDITIONS

Erie Canal Harbor Development Corporation (“Owner”), a subsidiary of New York State Urban Development Corporation d/b/a the Empire State Development Corporation (“ESDC”), having an office at 95 Perry Street, 5th Floor, Buffalo, NY 14203.

For the purposes of this Contract, the term “Contractor” shall mean the awarded corporation for the Wilkeson Pointe Improvement Project as selected by the Owner.

SECTION 1

CONTRACT PRICE

Contractor has been selected to provide construction services as denoted in the Drawings, Project Manuals and all other Contract Documents referenced herein ( the “Buffalo Outer Harbor, Wilkeson Pointe Improvement Project” or the “Project”) upon the terms and conditions hereinafter provided and agrees to perform all work and labor required, necessary, proper for or incidental to the work and to furnish all supplies and materials required, necessary, proper for or incidental to the work for the total not to exceed the sum of (the “Contract Price”), which sum shall be deemed to be in full consideration for the performance by Contractor of all the duties and obligations of Contractor under the Contract (the “’Project”).

SECTION 2

SCOPE OF WORK, MATERIALS AND LABOR

2.1 Owner’s Representative

The Owner may designate a representative to act on its behalf with respect to certain obligations and duties under this agreement related to the administration of the Project (the “Owner’s Representative”). The Owner’s Representative may be an employee of the Owner, ESDC or an independent consultant. The Owner may change the designation of the Owner’s Representative, in its sole discretion, with written notice to the Contractor. The Owner’s Representative shall be the only individual with authority to bind the Owner under the terms of this Agreement. More than one Owner’s Representative may be designated by the Owner from time to time during the Project. The Owner’s Representative shall be Turner Construction. For the purposes of this Agreement, any decision, action or other responsibility of the Construction Manager shall be deemed to be a duty, right or obligation of the Owner’s Representative. Furthermore, any decision or action under this Agreement which may bind the Owner may only be made by the Owner’s Representative.

2.2 Architect and Construction Manager

(a) The term “Architect” shall mean TWLA (a Fisher Associates Landscape Architecture Design

Studio) as the Architect/Engineer retained by the Owner or ESDC to provide design or consulting services related to Contractor’s Work as the Owner may designate from time to time.

(b) A Construction Manager, Turner Constrction, 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 each Contractor, according to a separate contract between Owner and Construction Manager.

SUPPLIMENTARY CONDITIONS 000004 - 5

2.3 Definition of Work

(a) All materials to be furnished and labor and work to be performed and completed by

Contractor and all duties and obligations of Contractor as required in the Contract Documents are herein collectively referred to as the “Work”. Contractor shall perform and complete for the Owner all Work required by and in conformity with the Contract Documents for this contract.

(c) Pursuant to section 220 (3-a) of the New York State Labor Law, each Contractor and Subcontractor shall maintain payroll records, subscribed and affirmed by him as true, showing the hours and days worked by each worker, laborer, or mechanic, the occupation at which he worked, the hourly wage rate paid and the supplements paid or provided for this project. The Contractor shall submit such payroll records for himself and each of his Subcontractors, 30 days after the issuance of the first payroll and every 30 days thereafter until submission of the last payroll for this project, including weeks not worked. Failure to submit payroll records in the accordance with Section 220 (3-2) of the New York State Labor Law shall be sufficient condition to withhold progress payments, until compliance.

The payroll records shall be submitted to the Construction Manager.

2.4 Contract Documents

The “Contract Documents” shall consist of the following:

(a) Information to Bidders

(b) All documents and forms listed in the Information to Bidders Section IX

(c) Project Manual and Addenda, if any, as identified in the project manual (such Specifications and Addenda, as the same may be amended from time to time, are herein referred to as the “Specifications”).

(d) Construction Documents.

(e) The Payment Bond and Performance Bond in Exhibit A and B.

(f) Bid Form including alternates and unit prices accepted by the Owner as applicable.

(g) Change Orders

The Contract Documents form the contract between the Owner and Contractor. Reference in the Contract Documents to “the Contract”, “the contract”, “this contract”, or “the Construction Contract” shall be deemed to include all of the Contract Documents. References to “this Agreement”, “the Agreement”, or “the agreement” shall refer to this instrument, which is one of the Contract Documents.

2.5 Intent of Contract Documents

(a) The intent of the Contract Documents is to include in the Work all labor and materials, insurance, tools, equipment, permits, licenses, taxes, approvals, transportation, surveys, testing, field engineering, and other professional services water, heat, utilities, transportation and other professional services (other than the services of the architect, engineers, attorneys and the inspection, survey and testing services of the Owner) whether temporary or permanent and whether or not incorporated or to be incorporated in the work and any other items required to execute and complete the Work satisfactorily and in accordance with the Contract Documents.

Contractor shall perform and complete the Work in accordance with this intent and shall perform all work incidental thereto or as is usually performed in connection therewith, or as is reasonably inferable therefrom, it being the intention that all work usually performed by the trade covered by this Agreement and necessary to produce the intended result be performed by Contractor whether or not specifically covered by the Contract Documents.

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(b) The Contract Documents are complementary and what is called for one shall be as binding as if called for by all.

(c) If any conflicts or ambiguities are found or between the Drawings and Specifications, or among any of the Contract Documents, they shall be brought to the attention of the Architect immediately for resolution. The Contract Documents will be interpreted so as to secure in all cases the most substantial and complete performance of the Work as is most consistent with the needs and requirements of the Work such that the best quality or greatest quantity of labor or material is provided. In the event of a conflict between the drawings and the finish schedule, the intent as interpreted by the Architect, shall govern.

(d) Addenda to parts of the Contract Documents are for the purpose of varying, modifying, rescinding or adding to portions of the Contract Documents. Where an addendum modifies a portion of a paragraph or a section, the remaining paragraphs, sections or portions thereof shall remain in force, unless otherwise stated in the addendum.

(e) Captions, headings, cover pages and table of contents contained in the Contract Documents are inserted only to facilitate reference and for convenience and in no way define, limit or describe the scope, intent or meaning of any provision of the Contract.

(f) Words and abbreviations which have well-known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings.

(g) A typical or representative detail indicated on the Drawings shall constitute the standard for workmanship and material throughout corresponding parts of the Work. Where necessary, and where reasonably inferable from the Drawings or Specifications, Contractor shall adapt such representative detail for application to such corresponding parts of the Work. The details of such adaption shall be subject to prior approval by Architect. Repetitive features shown in outline on the Drawings shall be in exact accordance with corresponding features completely shown.

(h) The layout of utilities, mechanical and electrical systems, equipment, fixtures, piping, ductwork, conduit, specialty items and accessories indicated on the Drawings is diagrammatic and is not complete. Contractor shall be responsible for locating all such items.

(i) It is intended that all mechanical and electrical systems will be complete and in proper operation and that all construction components will be complete and in compliance with accepted construction practice upon completion of the Work. Items normally required for proper operation of mechanical and electrical systems, or to complete otherwise incomplete construction, they shall be included by the Contractor, unless he sought and received contradictory interpretation or clarification from the Architect.

2.6 Completion of Drawings and Specifications

Contractor acknowledges that there are items of Work which may not be drawn or specified with complete detail in the Drawings and Specifications but which are required for the completion of the Work. Any such item, when identified as part of the reasonable development of the Work, shall be drawn or specified by Architect in consultation with Contractor. When such drawing or specification is approved by the Owner, the Drawing or Specification so approved shall thereupon be part of the Contract Documents and the item of Work shall be performed by Contractor as part of the Work without further action or order of the Owner and without any increase in the Contract Price as if such Drawing and Specification were originally included in the Contract Documents.

2.7 Contractor’s Obligations

(a) Contractor shall in a good and workmanlike manner perform all the Work required by the

Contract Documents in accordance with the highest standards on the construction industry on projects of similar complexity and direct the Work using its best skill and attention.

Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures within the scope of Contractor’s Work.

SUPPLIMENTARY CONDITIONS 000004 - 7

(b) Contractor shall be responsible for the safety, efficiency and adequacy of Contractor’s plant, equipment, appliances and methods, and for damage which may result from failure or improper construction, maintenance or operation of such plant, equipment, appliances and methods. Contractor shall comply with all terms of the Contract Documents do, carry on and complete the entire Work under the direction of and to the satisfaction of the Owner.

(c) Contractor shall provide any engineering services, scaffolding, hoists, or any temporary structures, such as bracing and supports, light, heat, power, toilets, water or temporary connections which are required by this Agreement or necessary to perform the Work.

(d) Contractor shall deliver all materials at such times and in such quantities as will insure the speedy and uninterrupted progress of the Work. Contractor shall handle and take care of all materials used in performance of the Work whether furnished by Contractor of the Owner, as the same are delivered to the site and shall be solely responsible for the loss, damage, theft, security and condition of the same. After final completion and acceptance of the Work, or sooner if requested by the Owner, Contractor shall remove all surplus materials (excluding any attic stock required by the Contract Documents) and scaffolding furnished by it which have not been incorporated in the Work.

(e) Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits and governmental fees, licenses and inspections necessary for the proper execution and completion of the Work. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the variance with any applicable laws in any respect. Contractor shall promptly notify the Owner, in writing, and any necessary changes shall be accomplished by appropriate modification. If Contractor performs any Work contrary to such laws, ordinances, rules and regulations, it shall assume full responsibility therefore and shall bear all costs attributable to correcting such deficiencies in the Work.

(f) Contractor shall be responsible for keeping the site neat and broom clean on a regular basis.

2.8 “Or Equal” Clause

(a) The products, materials and equipment of manufacturers referred to in the Specifications and on the Drawings are intended to establish the standard of quality and design required by Architect; however, materials of manufacturers, other than as specified, may be used if equivalent and approved by Architect and the Owner.

(b) Architect will review all proposed substitute materials, fabrications or other specified items.

Architect will make written recommendations of acceptance or rejection to the Owner. The Owner will then issue to Contractor written approval or rejection of the substitution in the Owner’s sole discretion.

(c) If Contractor desires to use a substitute item, Contractor shall make an application to Architect in writing within sufficient lead time (having regard to the progress of the Work, the period of delivery of the goods concerned and adequate time for the Owner and Architect’s review) stating and fully identifying the proposed substitution with substantiating data, samples and brochures of the item proposed. It is Contractor’s responsibility to provide sufficient evidence by tests or other means to support any request for approval of substitutions. Any item by the manufacturer other than those cited in the Contract Documents, or of brand name or model number or of generic species other than those cited in the Contract Documents will be considered a substitution.

(d) Prior to proposing any substitute item, Contractor shall satisfy itself that the item Contractor proposes is, in fact, equal to that specified and has demonstrated such equality by at least three years satisfactory service, that it will fit into the space allocated and within the load allocated for the same, that it affords comparable ease of operations, maintenance and services, that its appearance, longevity and suitability for the climate and use are comparable to that specified, and that the substitution requires no change in dimension or design of any

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other work of Contractor or any other contractor or in the time require for the performance thereof.

(e) Acceptance of substitutions shall not relieve Contractor from responsibility for compliance with all the requirements of the Contract Documents. Notwithstanding an acceptance of a substitution by the Owner, any cost attributable to changes in other parts of the Work or the work of other contractors that are required by substitutions shall be the responsibility of Contractor, including the cost of all design and redesign services related thereto incurred by Architect and its consultants.

(f) The Completion Date shall not be extended by any circumstances resulting from a proposed substitution by the Contractor or evaluation thereof by Architect or Owner, nor shall Contractor be entitled to any compensation for any delay cause thereby or related thereto.

2.9 Nomenclature

The terms Construct, Construction, Build, Work, etc. shall be construed to include all work shown on the plans. The terms Architect, Engineer, Project Architect, Landscape Architect, Corporation’s Representative, the Owner, Corporation, the Owner’s Representative, and similar derivations exist within the Contract Documents and shall be construed to mean the Owner’s Representative.

2.10 Hazardous Waste Disposal Transportation

Contractors shall, as part of its Work, in addition to complying with any and all applicable laws, rules or regulations concerning the removal, abatement, handling, transportation and disposal of all hazardous waste (as that term is most broadly defined under local, state or federal laws) encountered in the performance of its Work, be responsible to pay all fees, taxes, levies or assessments; obtain and execute all permits, licenses, manifests, logs, reports, certifications or other documents necessary to effectuate the lawful removal and disposal of such hazardous waste;

and obtain an identification number from the United States Environmental Protection Agency or any other necessary identifying information, all in a timely manner to permit the timely performance of the work. The obligations of Contractor under this Section shall be performed as part of the Contract Price without any additional compensation from the Owner. Contractor shall be aware of the presence of contaminated materials and should refer to the Soils Management section of the Project Manual for procedures.

SECTION 3

COMMENCEMENT AND COMPLETION OF WORK AND OCCUPANCY

3.1 Start of Work and Completion

(g) Contractor shall commence the Work upon receipt of a written notice to proceed signed by the Owner. Contractor shall thereafter prosecute the Work to be performed hereunder diligently, without interruption, and in accordance with the time requirements of the Project as determined and directed by the Owner.

(h) Contractor shall Substantially Complete, as defined by Section 7.6, all of the Work in accordance with the Contract Documents to the satisfaction of Architect and the Owner on or before October 31, 2024 with Final Completion on or before December 31, 2024.

Contractor hereby acknowledges that the time for the performance of its Work is of the essence. Contractor acknowledges that any failure by it to timely complete the performance of its Work under this Contract will cause significant consequential damages to be incurred by the Owner. The Completion Date shall not be extended except by Change Order issued and signed by the Owner in accordance with this Agreement. The completion date shall not be extended except by Change Order issued and signed by the Owner in accordance with this Agreement. Liquidated Damages will be charge for unexcused delay of Work

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beyond the date of completion and/or substantial completion. As actual damages for any delay in completion of the work which the Contractor is required to perform under this Contract are impossible to determine, the Contractor shall be liable for an shall pay to the Owner the sum of Five Thousand Dollars ($2500.00) as fixed, agreed and Liquidated Damages for each calendar day of delay from the date stipulated for completion or substantial completion of Work.

3.2 Cooperation with other Contractors

(a) During the progress of the Work, other contractors may be engaged in performing work for the Owner. Contractor shall cooperate and coordinate its Work with the work of said other contractors, as applicable, and in such manner as the Owner may direct.

(b) If the Owner shall determine that Contractor is failing to coordinate the Work with the work of other contractors:

1. The Owner shall have the right to withhold any payments due under the Contract until its directives are complied with by Contractor; and

2. Contractor shall indemnify and hold the Owner harmless from any and all claims or judgments for damages and from any costs or damages to which the Owner may be subjected or which the Owner may suffer or incur by reason of Contractor’s failure to coordinate its Work with that of other contractors.

(c) If Contractor notifies the Owner in writing that another contractor on the site is failing to coordinate the work of said contractor with Contractor’s Work, the Owner shall investigate the charge. If the Owner finds it to be true, the Owner shall promptly issue such directions to the other contractor with respect thereto as the situation may require. The Owner shall not be liable for any damages suffered by Contractor by reason of the other contractor’s failure to promptly comply with the directions so issued by the Owner or by reason of another contractor’s default in coordinating its work with that of Contractor.

(d) Should Contractor sustain any damage through any act or omission of any other contractor having a contract with the Owner or through any act or omission of any subcontractor of said other contractor, Contractor shall have no claim against the Owner for said damage.

(e) Should any other contractor having, or who shall have, a contract with the Owner, sustain damage through any act or omission of Contractor or through any act or omission of a subcontractor, Contractor shall reimburse said other contractor for all said damages and shall indemnify and hold the Owner harmless from all said claims.

(f) The Owner does not guarantee the performance of any contractor. Contractor acknowledges these conditions and agrees to bear the risk of all delays including, but not limited to, delays caused by the presence of operations of other contractors and the Owner shall not incur any liability by reason of any delay to Contractor’s Work by reason of the performance of work or defaults by other contractors.

(g) Where the Contractor shall perform Work in close proximity to work of other contractors, the Contractor shall assist in arranging space conditions to make satisfactory adjustment for the performance of any work in such areas. If the Contractor’s Work interferes with work of other contractors, the Contractor shall make changes necessary to correct such conditions.

3.3 Notice of Delay

In addition to any information required elsewhere in this Agreement and without limiting any other provision of this Agreement including Contractor’s obligation to Substantially Complete the Work by the Completion Date, should Contractor be, or anticipate being delayed or disrupted in performing the Work hereunder for any reason, including without limitation, its financial condition or Contractor’s general non-payment of its debts as such debts become due, it shall within three

(3) days after the commencement of any condition which is causing or is threatening to cause such delay or disruption, notify the Owner in writing of the effect of such condition upon the Completion

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Date. Contractor shall state why and in what respects the condition is causing or is threatening to cause delay, identify specific contract milestones that will be affected and provide as estimate of the duration of the delay. Failure to strictly comply with this notice requirement shall be sufficient cause to deny Contractor’s change in the Project Schedule and/or Completion Date. Nothing in this section or Contractor’s compliance with its terms should be deemed to obligate the Owner to grant a change in the Project Schedule or the Completion Date or to restrict the Owner’s right to recover damages for delay.

3.4 Extension of Time

Contractor may be entitled to an extension of time for delays in the performance of the Work cause solely by the acts or omissions of Architect or the Owner, or unforeseeable causes beyond the control and without the fault or contributing negligence of Contractor including, but not limited to, acts of God, acts of the public enemy, unforeseen or unforeseeable acts of any government body, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes or unusually severe weather; provided Contractor shall have used its best efforts and diligently sought to have minimized any such period of delay, by taking whatever measures are necessary, including with limitation, if applicable, seeking alternate sources of materials, other subcontractors or other facilities in which to perform the required construction operations; and provided, further, that notice is given to the Owner pursuant to the requirements of the immediately preceding paragraph.

3.5 No Claim for Delay Damages

Contractor agrees to make no claim for damages for delay in the performance of this contract occasioned by any act or omission to act, including active interference, of the Owner or any of its agents, other contractors, or representatives and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of such Work that is delayed in accordance with the provisions for obtaining an extension of time specified herein. Contractor alone hereby specifically assumes the risk of all delays, obstructions, or interferences of any kind or duration whatsoever, whether or not within the contemplation of the parties, and whether or not foreseeable or unforeseeable and agrees that its sole remedy is an extension of time where applicable.

SECTION 4

METHOD, SCHEDULE AND TERMS OF PAYMENT

4.1 Contract Payment Breakdown and Requisition

(a) Contractor’s applications for partial payments (“Requisitions”) and its application for final payment (“Final Requisition”) are to be submitted to the Owner, or its designee, and Architect in (6) copies in the manner hereinafter provided (see Exhibit J). Each Requisition must be supported by such data substantiating Contractor’s right to payment as the Owner may require.

(b) Prior to the submission of the first Requisition, Contractor shall present to the Owner for approval a contract payment breakdown (the “Contract Payment Breakdown”) (See Exhibit N) itemizing the dollar values for the various trades which comprise the Work, including quantities where applicable, which in the aggregate equal the Contract Price. The Contract Payment Breakdown shall be prepared in such form as included in the Contract Documents and supported by such data to substantiate its correctness as the Owner may require. It is understood and Contractor acknowledges that the model contract payment breakdown is included with the Contract Documents as an administrative tool for the purpose of illustrating a format and minimum level of detail required for the Contract Payment Breakdown shall not be changed or revised in any way without the Owner’s written consent and shall become part of this Agreement.

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(c) On any Requisition, Contractor shall be entitled to partial payment on account of the Contract Price in an amount equal to the total of:

The value of the portions of the Work completed and acceptable to the Owner and approved by the Owner’s representative based upon the percentage of completion of each item specified on the Contract Payment Breakdown, less Retainage specified under Section 4.5 on the total amount so computed, and less any additional withholdings deemed necessary by the Owner pursuant to Section 4.8 hereof, less the total amount of prior partial payments.

(d) Unit Price Renegotiation: In the event that unit prices are used, Contractor will be paid at the unit price bid for the quantity actually used. If the actual quantity exceeds 125% of the amount specified in the Contract Documents, the Owner reserves the right to renegotiate the unit price bid.

4.2 Receipts and Releases of Liens

With each Requisition, Contractor shall furnish the following documents:

(a) Contractor’s Receipt and Waiver of Lien (See Appendix H)

(b) Subcontractor’s Receipt and Waiver of Lien (See Appendix J)

(c) Any other documentation required elsewhere in the Specifications

The Owner may also require Contractor to attach to each Requisition the consent of the surety issuing the Payment and Performance Bonds to such payment.

In addition to the documents required to be furnished by the immediately preceding paragraph, with the Final Requisition, Contractor shall furnish:

(a) Affidavit and Final Waiver of Claims and Liens and Release Rights (See Appendix G and I); and

(b) Releases from all subcontractors and Materialmen who provided labor or materials for the Project.

Should any such subcontractor or Materialmen fail or refuse to furnish such release, Contractor will be required to furnish a bond satisfactory to the Owner to indemnify it against any such lien, claim or demand. If any such lien, claim or demand is asserted or remains unsatisfied after Final Payment is made to the Contractor, Contractor shall refund to the Owner all monies that the latter may be compelled to pay in discharging such lien, claim or demand including all costs, expenses and attorney’s fees which the Owner may incur in connection therewith.

4.3 Release and Consent of Surety

Notwithstanding any other provision of the Agreement to the contrary, Final Payment shall not become due pursuant to this Agreement until Contractor submits to the Owner a General Release and a consent of Surety to said payment both in form and content acceptable to the Owner.

4.4 Time of Payment

Requisitions shall be submitted by Contractor to the Owner by the thirtieth day of each month for Work completed up to the last day of the previous month, and if such Requisition is properly supported, payment shall be made within thirty (30) days after approval of the Requisition by the Owner. All requisitions shall be subject to the approval of the Owner’s Representative and ESDC.

Contractor shall submit to and review with the Owner a draft copy of each Requisition on or around the twenty fifth of the month. Contractor shall only be entitled to payment in the amount approved by the Owner with respect to such Requisition. Each Requisition must be signed by the Owner before payment is due to Contractor. The value of any Work included in a Requisition for partial

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payment which is found unacceptable by the Owner shall be deducted from that or any subsequent Requisition.

4.5 Retainage

The Owner shall retain five (5%) percent of the portion of the Contract Price covered by each Requisition submitted by Contractor (the “Retainage”). The Owner has the right to increase the amount of retainage held if any breach of the Contract is deemed by the Owner to remain uncorrected after notice of such breach has been provided to Contractor.

4.6 Reduction of Retainage

(a) Upon Substantial Completion, the Retainage shall be reduced to two and one-half (2.5%) percent of the Contract Price or two (2) times the value, as approved by the Owner, of any remaining items of Work to be completed or corrected on the Final Punch-List, as defined in Section 7.6, whichever is greater; and

(b) An amount necessary to satisfy any and all claims, liens or judgments against Contractor.

The Final Punch-List may be expanded to include additional items of Work to be corrected or completed until final acceptance of the Work by the Owner. Additional sums may be withheld in the manner prescribed above to cover the value of these items pursuant to this Section.

4.7 Final Payment

(a) The final balance due Contractor under this Agreement shall be payable to Contractor by the Owner, as final payment hereunder, within thirty (30) days after all of the following have taken place:

1. Final inspection and acceptance by the Owner as evidenced by the Certificate of Completion being delivered to Contractor.

2. Contractor’s Final Requisition has been submitted by Contractor and approved by the Owner and Architect.

3. The affidavit attached as Exhibit M hereof has been submitted by Contractor, and any other documents or actions expressly specified in the Contract Documents as preconditions to Final Payment have been submitted or completed.

4. Any inspection or approvals with respect to any of the Work that the Owner deems appropriate or which is required by governmental authorities or by the applicable Board of Fire Underwriters, have been performed or obtained.

(b) Contractor’s acceptance of Final Payment will constitute full and final settlement of all obligations of the Owner to Contractor with respect to payments required by this Agreement.

4.8 Withholding of Payments

(a) The Owner may withhold from Contractor any part of any payment as may, in the judgment of the Owner, be necessary:

1. To assure payment of just claims of any persons supplying labor or materials for the Work;

2. To protect the Owner from loss due to defective Work and unsatisfactory work not remedied;

3. To protect the Owner and its representatives from loss due to death or injury to persons or damage to the Work or property of other contractors, subcontractors or others caused by the act or neglect of Contractor or any subcontractors;

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4. In the event that there is reasonable evidence that the Work will not be completed for the unpaid balance of the Contract Price;

5. In the event that there is reasonable evidence that the Work will not be completed within the Project Schedule; or

6. In the event that Contractor persistently fails to perform the Work in accordance with the Contract Documents.

In any of such events, the Owner shall have the right to…