Project Manual

Technical Specifications

CUPOLA

REPLACEMENT

at the

LEBANON

TOWN HALL

579 EXETER ROAD

LEBANON, CONNECTICUT

September 22, 2025

15 MASSIRIO DRIVE SUITE 101

BERLIN, CONNECTICUT

TEL 860 828 9221 FAX 860 828-9223

TABLE OF CONTENTS

CUPOLA REPLACEMENT

at the

LEBANON TOWN HALL

PROJECT MANUAL

Table of Contents List of Drawings

Bidding Documents:

Town of Lebanon Invitation to Bid AIA Document A701-2018, Instructions to Bidders Supplementary Instructions to Bidders Bid Form Contractor’s Qualification Statement, AIA A305 – 2020, Exhibits A through E Town of Lebanon, Suspension and/or Debarment Certification

Contract Documents General Conditions for Contract for Construction, AIA A201 - 2017 Supplementary General Conditions Standard Form of Agreement between Owner and Contractor, AIA A101-2017

DIVISION 1 - GENERAL REQUIREMENTS

01 10 00 SUMMARY OF WORK

01 29 00 PAYMENT PROCEDURES

01 31 00 PROJECT COORDINATION

01 33 00 SUBMITTAL PROCEDURES

01 77 00 CLOSEOUT PROCEDURES

DIVISION 2 – EXISTING CONDITIONS

02 41 19 SELECTIVE DEMOLITION

DIVISION 6 - WOOD AND PLASTICS

06 10 00 ROUGH CARPENTRY

DIVISION 9 - FINISHES

09 91 13 EXTERIOR PAINTING

TABLE OF CONTENTS

(CONTINUED)

DIVISION 13 – SPECIAL CONSTRUCTION

13 12 00 PREFABRICATED CUPOLA SYSTEM

END OF TABLE OF CONTENTS

LIST OF DRAWINGS

LEBANON TOWN HALL

TITLE SHEET

ARCHITECTURAL DRAWING

COVER SHEET

A-1 CUPOLA AND CUPOLA BASE

END OF LIST OF DRAWINGS

INVITATION TO BID

to the

LEBANON TOWN HALL

579 EXETER ROAD

LEBANON, CONNECTICUT

General Description of the Work: The Project consists of removal of existing roof cupola and replacement with new prefabricated cupola system on an existing 2-story building located at 579 Exeter Road, Lebanon, CT.

Qualifications of Contractors: Eligible Bidders shall be General Contractors with prior experience with similar scope of work and pre-qualified through the State of CT, DAS Contractor Prequalification Program for Classification of General Building Construction, Group B, or better.

Owner: Town of Lebanon, Connecticut

Place for Receiving Bids: Office of the First Selectman

Lebanon Town Hall 579 Exeter Road Lebanon, CT 06249

Sealed bids for all designated work will be received at the Office of the First Selectman until 2:00 p.m., local time on Thursday, October 30, 2025. Owner will open publicly at that time and place. Bid proposals sent by facsimile will not be accepted.

Place for Obtaining Bidding Documents: Complete bid documents can be viewed and ordered through Advanced Reprographics, Plainville, CT.

For viewing: Visit www.advancedrepro.net, (select “Planroom”; select “Public Jobs”).

To obtain an electronic and paper set of bid documents: A set containing all contract documents in both electronic and paper form may be purchased directly through Advanced Reprographics. This is a purchase and is not refundable.

Bid Documents will be available on or after: Friday, October 10, 2025, 10:00 a.m.

Bid Instructions and Forms: Full instructions and forms are included in the Bidding

Documents.

http://www.advancedrepro.net/

Bid Form: Sealed proposals submitted with bid security. Bid Security shall be issued payable to the “Town of Lebanon” in the form of certified check, cashier's check, or bid bond in the amount of 5% of the Base Bid. Label exterior of envelope with project title to avoid premature opening of bid.

Required Bonds: Performance Bond and Labor and Material Payment Bond for

100% of the Contract price with a surety company satisfactory to the Owner.

Withdrawal of Bids: No bid may be withdrawn for a period of sixty (60) days after the opening of bids without written consent of the Owner.

RIGHT TO ACCEPT / REJECT: The Town of Lebanon reserves the right, in its sole discretion, to accept or reject any or all bids and waive any defects in the bid, or accept any Proposal deemed to be in the best interests of the Town.

Applicable Laws: The bidding shall be done in accordance with the applicable laws and regulations of the Town of Lebanon, and the laws of the State of Connecticut.

Permits: The Contractor will be responsible for securing all necessary permits, State and Local, as required by the Town of Lebanon. The Town will waive all municipal application and permit fees.

Wage Requirements: Prevailing Wage rates DO NOT apply to this project.

Pre-Bid Conference: No Pre-Bid Conference is scheduled. The Lebanon Town

Hall is available for viewing during normal business hours.

All prospective bidders are ENCOURAGED to view the property and existing conditions prior to submitting a bid.

Town of Lebanon is an Affirmative Action / Equal Opportunity Employer. Minority / Women’s Business Enterprises are encouraged to apply.

END OF INVITATION TO BID

LEBANON TOWN HALL SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

LEBANON, CT SITB-1

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS SITB-1

SUPPLEMENTARY INSTRUCTION TO BIDDERS

Instructions to Bidders A701-2018, Supplementary Instructions to Bidders, AIA Document A201 - 2017, “General Conditions of the Contract for Construction”, the Supplementary General Conditions and Division 1, General Requirements, are a part of this Section and shall be binding on the Contractor and or Subcontractor who performs this Work. Note also all Addenda.

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

Certain Articles of the AIA Instructions to Bidders are revised or replaced by requirements of the Supplementary Instructions, listed below. Such revisions are replacements and shall take precedence over the AIA Document A701-2018, "Instructions to Bidders”.

The following Articles, revised paragraphs and clauses have the same numerical designations occurring in the AIA Instructions to Bidders, and all additions follow in direct numbered sequence.

ARTICLE 2 - BIDDER’S REPRESENTATIONS

Add the following to Paragraph 2.1.4.:

2.1.4.1 The project site is identified in the Contract Documents and the exterior is available for viewing at all times. The building interior will be available for viewing during normal business hours. All Bidders, upon entering the site, shall be prepared to identify themselves to the Owner and state their purpose for being on the site.

Add the following as paragraph 2.2:

2.2 Bidders shall thoroughly examine and be familiar with the drawings and the specifications. The failure or omission of any Bidder to receive or examine any form, instrument, Addendum or other documents or to visit the sites and acquaint themselves with conditions there existing, shall in no way relieve any Bidder from any obligation with respect to their Bid or the Contract.

ARTICLE 3 - BIDDING DOCUMENTS

Revise Paragraph 3.1.2, as follows:

Delete “... within ten days after receipt of Bids.”

and Substitute “... within sixty (60) days of receipt of Bids”.

Add the following to Paragraph 3.2.1, Interpretation or Correction of Bidding Documents:

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Add Subparagraph:

3.2.1.1 Any conflict existing between or within the Drawings and the

Specifications and not brought to the attention of the Owner and clarified before bids are submitted shall be resolved on the basis of furnishing the greatest quantity and/or highest quality indicated, without cost to the Contract.

Add Subparagraph:

3.2.4 No Pre-Bid Conference is scheduled. All prospective bidders are ENCOURAGED to view the existing conditions prior to submitting a bid proposal.

Revise Paragraph 3.3.5 as follows:

3.3.5 After the award of the Contract, no substitutions will be considered for the brands specified except upon written request of the Contractor and written approval by the Owner's concurrence. Substitutions shall be submitted including the entire system and/or assembly attached thereto.

Add the following to Paragraph 3.3.2, Substitution Process:

3.3.6 Approval by the Owner of any such substitution shall not relieve the Contractor requesting the substitution of any responsibility for additional costs incurred by other trades for changes made necessary to accommodate the substituted item.

ARTICLE 4 - BIDDING PROCEDURES

Revise Paragraph 4.1.9, as follows:

The Owner is exempt from sales tax. Bidders must calculate bids accordingly.

Revise Paragraph 4.2.1, Bid Security, as follows:

4.2.1 Each Bid shall be accompanied by a Bid Security indicated on the Invitation to Bid. Bid Security shall be in the form of a Surety Bond as stated herein or a certified or cashier’s check made payable to “Town of Lebanon” in the amount of five percent (5%) of the Base Bid. All sureties must also be listed on the most recent IRS Circular 570.

Delete Paragraph 4.2.3 and substitute the following:

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4.2.3 Surety Bid Bonds shall be written on forms similar in content to AIA Document A310 and executed by a company authorized to transact business within the State of Connecticut, and the attorney-in-fact who executes the Bond on behalf of the Surety shall affix to the Bond a certified and current copy of his power of attorney.

Delete the last sentence in Paragraph 4.2.4

Revise Paragraph 4.3.2 as follows:

4.3.2 Paper copies of the Bid, the bid security, and any other documents required to be submitted with the bid as set forth in the Bid Instructions.

Add Paragraph 4.4.3

4.4.3.1Negligence on the part of the Bidder in preparing the Proposal shall not justify the withdrawal of such Proposal after all bids have been opened.

Add Paragraph 4.4.4:

4.4.4 Amendments to or withdrawals of Bid received later than the time and date set for Bid Opening will not be considered.

ARTICLE 5 - CONSIDERATION OF BIDS

Delete the last sentence in Paragraph 5.1

Revise Paragraph 5.2, Rejection of Bids, as follows:

Add “, in its sole discretion,” after the word “right”

Revise Sub-Paragraph 5.3.1, as follows:

Revise “responsive” to “qualified” in the first sentence.

Revise Sub-Paragraph 5.3.2, as follows:

Add the following to Paragraph 5.3, Acceptance of Bid (Award):

Add Paragraphs:

5.3.3 Prior to the award of a Contract, Bidders must present documentation that they are prequalified through the State of CT, DAS Contractor Prequalification Program along with satisfactory evidence that they have

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SUPPLEMENTARY INSTRUCTIONS TO BIDDERS SITB-4

been regularly engaged in the business of doing such work as they propose to execute and that they are prepared with the necessary supervisory staff, capital, materials and machinery to conduct and complete the work to be contracted for in accordance with the Drawings and Specifications and to begin it promptly when ordered.

5.3.4 A Bid may be rejected if the Bidder cannot show that they have the necessary State of CT DAS prequalification, capital and experience and owns, controls, or can produce the necessary plant to commence the work at the time prescribed and thereafter to prosecute and complete the work at the rate or time specified; and that they are not already obligated for other work which would delay the commencement, prosecution, or completion of this work. A Bid may also be rejected if the Bidder has previously failed to complete a Contract within the time required, if currently debarred in accordance with Section 31-53a of the Connecticut General Statutes, or had previously performed a similar work in an unsatisfactory manner.

ARTICLE 7 - PERFORMANCE BOND AND PAYMENT BOND

Revise Paragraph 7.1, Bond Requirements, as follows:

Delete Paragraph 7.1.1 and Replace with the following:

7.1.1 The successful Bidder shall furnish at their expense at the time of executing the Contract, and in the form of AIA Document A312, Performance and Labor & Material Payment Bonds in the penal amounts of 100% of the amount of the Contract. These bonds shall be executed by the bidder and a surety company duly authorized to conduct such business in the State of Connecticut and acceptable to the Awarding Authority. The terms of all applicable statutes shall be read into, govern, and be made a part of such bonds as if they were specifically included therein. All sureties must also be listed on the most recent IRS Circular 570.

ARTICLE 8 – ENUMERATION OF THE PROPOSED CONTRACT DOCUMENTS

Delete Subparagraph 8.1.4 in its entirety.

Delete Subparagraph 8.1.8 in its entirety.

Add Paragraph 8.2: Failure of Bidder to Execute Contract

Add Paragraph 8.2: When notification of award of Contract is made to the successful Bidder and he does not, within two (2) weeks thereafter, execute a Contract in the form herein before mentioned and furnish Satisfactory Bond, his Bid Security

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shall be paid over to and retained by the Awarding Authority as liquidated damages.

Add the following Article:

ARTICLE 9 - FAIR EMPLOYMENT PRACTICES

9.1 The Bidder agrees and warrants that in the submission of his sealed Bid he/she will not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, religion, age, national origin, sex, or physical disability including, but not limited to blindness, unless it is shown by such Bidder that disability prevents performance of that which must be done to successfully fulfill the terms of his sealed Bid or in any manner which is prohibited by the laws of the United States, State of Connecticut, or the Town of Lebanon.

ARTICLE 10 - TAXES

10.1 The Owner is exempt from the payment of taxes imposed by the

Federal Government and/or the State of Connecticut. Such taxes should not be included in the Bid Price. The Owner is also exempt from payment of the Federal transportation tax where applicable and such tax must not be included in Bid Price. No exemption certificate is required for this tax.

ARTICLE 11 - BID FORMS

11.1 All Bidders shall furnish the following documents with the sealed bid to avoid having his bid rejected for non-compliance. Other documents or certifications may be required to fulfill particular circumstances noted in the project manual and shall be included if required.

11.2 All Bidders shall furnish:

1. One (1) original of fully executed Bid Form (format as provided).

2. Form of Bid Security (in an amount equal to 5% of the bid amount)

3. AIA Document A305-2020, Contractor’s Qualification Statement, including Exhibits A – E.

4. Current State of CT, DAS Prequalification Program Certificate, Classification: General Building Construction (Group B, or better)

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11.3 Each bid shall be sealed in an opaque envelope with the following legibly marked on one side of the envelope:

1. Bid Form and required Bidding Documents Enclosed

2. Name of Bidder

11.4 If a bid is mailed, it shall be enclosed in an outer envelope with the

Bidder's name and business address marked legibly thereon, addressed as follows:

BID ENCLOSED

Cupola Replacement at the Lebanon Town Hall c/o Office of the First Selectman Lebanon Town Hall 579 Exeter Road Lebanon, CT 06249

The Town of Lebanon must receive bid by date and time indicated in the Invitation to Bid, or amended through Addendum.

11.5 Each General Contractor shall take this bid submittal as one (1) complete unit as further described by the contract documents and all bids shall be for the entire scope of work as advertised.

11.6 Partial bids will not be accepted and will be rejected by the Owner.

END OF SECTION SITB

BID FORM

LEBANON TOWN HALL

Date __________________________

To: Office of the First Selectman Town of Lebanon 579 Exeter Road Lebanon, CT 06249

Pursuant to and in compliance with your “Invitation to Bid” relating thereto, the undersigned, (Name of Firm) having visited the site and carefully examined the Drawings, Contract Documents and complete Project Manual and Specifications dated September 22, 2025, together with all Addenda issued and received prior to the scheduled closing time for receipt of Bids as prepared by the Architect; Jacunski Humes Architects, LLC, 15 Massirio Drive, Suite 101, Berlin, CT; hereby offers and agrees as follows:

To provide all labor, materials, equipment, appliances and whatsoever else necessary to construct and properly finish all work in connection with the

CUPOLA REPLACEMENT

at the

LEBANON TOWN HALL

579 Exeter Road, Lebanon, CT, to the satisfaction of the Architect and the Owner for the Base Bid Lump Sum of:

If awarded this Project, we will execute a Standard Form of Agreement between Owner and Contractor (AIA A201-2017) with the Town of Lebanon, Owner of the property. The Contract Documents will become part of the Contract.

-2-

CONTRACT TIME

If awarded the Project, the undersigned agrees that the work will commence upon execution of the Contract with the Owner and shall be Substantially Complete within One Hundred Eighty (180) calendar days from the Owner’s Notice to Proceed, as defined in the Contract.

ADDENDUM

The undersigned Bidder hereby certifies that it is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on this project.

The Bid includes Addenda listed below and they are hereby acknowledged:

Addendum # ___ Dated _________________________

Addendum # ___ Dated _________________________

Addendum # ___ Dated _________________________

BID SECURITY

Enclosed herewith, is the Bid Security in the form of:

Bid Bond ( ) Certified Check ( ) in the amount of: ($ )

COMPANY NAME: ________________________________________________

ADDRESS: _______________________________________________________

BY: ___________________________________________________

(authorized signature, officer of bidder’s company)

(above name typewritten)

TITLE: ________________________________________________

TELEPHONE: ________________________________________________

-3-

Attachments:

• Attach a completed Bid Bond, or certified check, in the amount of 5% of submitted bid amount. Failure to do so shall result in rejection of bid.

• Attach a completed Contractor’s Qualification Statement, AIA A305- 2020, and Exhibits A-E, with submitted bid.

• Attach a current State of CT, DAS Prequalification Program Certificate, Classification: General Building Construction (Group B, or better).

• Attach Town of Lebanon, Suspension and/or Debarment Certification

END OF BID FORM

LEBANON TOWN HALL SUPPLEMENTARY GENERAL CONDITIONS

LEBANON, CT SGC-1

SUPPLEMENTARY GENERAL CONDITIONS SGC-1

SECTION SGC- SUPPLEMENTARY GENERAL CONDITIONS

GENERAL CONDITIONS

The "General Conditions of the Contract for Construction," AIA Document A201-2017, published by the American Institute of Architects, Articles 1 through 15 inclusive, is a part of the requirements of this Contract.

SUPPLEMENTARY GENERAL CONDITIONS

The following supplements modify, delete and/or add to the General Conditions.

Where any Article, Paragraph or Subparagraph in the General Conditions is supplemented by one of the following paragraphs, the provisions of such Article, Paragraph, or Subparagraph shall remain in effect and the supplemental provisions shall be considered as added thereto. Where any Article, Paragraph, or Subparagraph in the General Conditions is amended, voided or superseded by any of the following paragraphs, the provisions of such Article, Paragraph or Subparagraph not so amended, voided, or superseded shall remain in effect. The words “paragraph”, “subparagraph”, “section” and “subsection” shall be used interchangeably as the context requires or allows.

MODIFICATIONS TO VARIOUS ARTICLES OF THE AIA CONDITIONS

ARTICLE 1 - GENERAL PROVISIONS

1.1 BASIC DEFINITIONS

1.1.1 Add the following Subparagraphs 1.1.1.1 and 1.1.1.2:

"§ 1.1.1.1 In the event of any conflict among the Contract Documents, the Documents shall be construed according to the following priorities:

Highest Priority: Modifications with later date having greater priority.

Second Priority: Agreement

Third Priority: Addenda with later date having greater priority.

Fourth Priority: Supplementary General Conditions and General Conditions

Fifth Priority: Drawings and Specifications

Sixth Priority: Bidding Requirements

Notwithstanding the order of priority of documents set forth in Section 1.1.1, any matters contained in the Specifications which have been omitted from the Drawings or vice versa shall be construed as though contained in both. In the event of any duplication, conflict, or discrepancy between the Drawings and the Specifications or between other contract clauses, so far as the same pertains to the Drawings, the Specifications or any modifications to the Drawings or the Specifications, the matter shall be promptly brought to the attention of the Architect, LEBANON, CT SGC-2

SUPPLEMENTARY GENERAL CONDITIONS SGC-2

without whose instructions the Contractor shall not adjust the matter except at his own risk. Any instructions of the Architect shall be given in writing.

§1.1.1.2 Statutory Provisions: Construction of this Project is subject to statutes governing public construction contracts in the State of Connecticut.

1.1.2 Delete the fourth sentence of Subparagraph 1.1.2 and replace with "Except as provided in Paragraph 3.18, nothing contained in the Contract Documents shall be construed to create a contractual relationship of any kind (1) between the Contractor, Owner's Project Manager, Architect, or the Architect's Consultants, (2) between the Owner, the Owner's Project Manager, the Architect, and a Subcontractor or Sub- subcontractor, (3) between the Owner, the Owner's Project Manager, and the Architect or the Architect's Consultants, or (4) between any persons or entities other than the Owner and the Contractor.

1.1.2 Delete the fourth sentence of Subparagraph 1.1.2 without replacement.

1.1.8 Delete the text of Subparagraph 1.1.8 and replace with "The Architect will serve as the Initial Decision Maker referenced in these General Conditions.

1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS

1.2.1 After the last sentence of Subparagraph 1.2.1, add "All Work mentioned or indicated in the Contract Documents shall be performed by the Contractor as part of this Contract unless it is specifically indicated in the Contract Documents that such Work is to be done by others. Should the Drawings or the Specifications disagree in themselves or with each other, the Contractor shall provide the better quality or greater quantity of Work in accordance with the Architect's written interpretation unless otherwise directed by written addendum to the Contract or as directed by the Architect."

1.2.4 - Add the following Subparagraphs 1.2.4 through 1.2.11:

"§ 1.2.4 All indications or notations which apply to one of a number of similar situations, materials or processes shall be deemed to apply to all such situations, materials or processes wherever they appear in the Work, except where a contrary result is clearly indicated by the Contract Documents.

§ 1.2.5 Where codes, standards, requirements, and publications of public and private bodies are referred to in the Specifications, references shall be understood to be to the latest revision prior to the date of receiving bids, except where otherwise indicated.

§ 1.2.6 Where no explicit quality or standards for materials or workmanship are established for Work, such Work is to be of good quality for the intended use and consistent with the quality of the

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surrounding Work and of the construction of the Project generally.

§ 1.2.7 All manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the manufacturer's written or printed directions and instructions unless otherwise indicated in the Contract Documents.

§ 1.2.8 The Drawings are diagrammatic only, and are not intended to precisely show the alignment, physical locations, or configurations of such Work. Such Work shall be installed without additional cost to the Owner to clear all obstructions, permit proper clearances for the Work of other trades, and present an orderly appearance where exposed. Prior to beginning such Work, the Contractor shall prepare coordination drawings showing the exact alignment, physical location and configuration of the installations and demonstrating to the Contractor's satisfaction that the installations will comply with the preceding sentence. The Contractor shall be solely liable and responsible for any costs and/or delays resulting from the Contractor's failure to timely submit such coordination drawings for Architect's review.

§ 1.2.9 Exact locations of fixtures and outlets shall be obtained from the Architect as provided in subparagraph 3.2.5 before the Work is roughed in;

Work installed without such information from the Architect shall be relocated at the Contractor's expense.

§ 1.2.11 Where the Work is to fit with existing conditions or work to be performed by others, the Contractor shall fully and completely join the Work with such conditions or work, unless otherwise specified. The owner provided drawings showing existing conditions or construction are based on available documents and are not guaranteed to show actual existing conditions. The Contractor will make necessary adjustments and changes required by actual conditions now existing at no additional cost to the Owner."

1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER

INSTRUMENTS OF SERVICE

1.5.1 Delete Subparagraph 1.5.1 and replace with the following:

"§ 1.5.1 All Drawings, Specifications and copies thereof furnished by the Owner are and shall remain the Owner's property. They are to be used only with respect to this Project and are not to be used on any other project without the prior written consent of the Owner. Except for one (1) contract set for each party to the Contract, such documents are to be returned or suitably accounted for to the Owner at the completion of the Work. Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of any reserved rights."

1.7 TRANSMISSION OF DATA IN DIGITAL FORM

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1.6 In the first sentence and after "necessary protocols" of Paragraph 1.7, add "and payments".

1.7.1 Add the following Subparagraph 1.7.1:

"§ 1.6.1 The Architect's Drawings shall not alter nor diminish the Contractor's and Subcontractor's responsibilities under other provisions of these Contract Documents, including, but not limited to, Paragraph 3.2 of the General Conditions."

ARTICLE 2 - OWNER

2.1 GENERAL

2.1.1 Delete the last sentence of Subparagraph 2.1.1 and replace with "Where the term 'Awarding Authority' appears in any statutory provision, it shall mean the Owner. The Owner and its authorized representatives, as well as Architect and Owner's Project Manager, if any, shall always have access to and be permitted to observe and review all Work, materials, payrolls, records of personnel, conditions of employment, invoices for materials, and generally all records relating to the Work. No member, officer, agent, employee, representative or official of the Owner shall in any way, directly or indirectly, be personally liable under any provisions of the Contract."

2.1.2 Delete Subparagraph 2.1.2 and replace with the following:

"§2.1.2 No officer, official, agent or employee of Owner shall have the power to amend, modify or alter the Contract or waive any of its provisions or to bind the Owner by making any promise or representation not contained herein except by an amendment, in writing, executed by the Owner in the same manner as the Contract is executed.

Neither party may rely on any conduct, statement, action, inaction, or course of conduct of the employees, agents or officers of the other party as having changed, modified, or amended the Contract. Neither party shall be construed as waiving any provision of the Contract unless the waiver is executed in writing as an amendment to the Contract. No waiver by either party of any default of breach shall constitute a waiver of any subsequent default or breach.

Forbearance or indulgence in any form or manner by either party shall not be construed as waiver of any term or condition hereto nor shall it limit the legal or equitable remedies available to that party."

2.2 EVIDENCE OF THE OWNER’S FINANCIAL ARRANGEMENTS

2.1.2 Delete sub-section 2.1.2.

2.2.1 - Delete subsections 2.2.1 through 2.2.4

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2.3 INFORMATION AND SERVICES REQUIRED OF THE OWNER

2.3.3, 2.3.4 Delete Subparagraphs 2.3.3 and 2.3.4

2.3.5 Delete Subparagraph 2.3.5 and replace with the following:

"§ 2.3.5 Information or services required of the Owner hereunder shall be furnished by the Owner with reasonable promptness after receipt from the Contractor of a written request for such information or services."

2.4. OWNER'S RIGHT TO STOP THE WORK

2.4 Delete from the last sentence “, except to the extent required by Section 6.1.3” and add as follows:

The Contractor shall resume the Work after such stoppage promptly upon written notice to do so from the Owner. The Contractor shall remain responsible for maintaining the progress of the Work and shall not be entitled to any increase in the Contract Sum or Contract Time. The Contractor shall be responsible for all costs incurred by the Owner attributable to such an order to stop the Work.

Add the following Subparagraph 2.4.1:

"§ 2.4.1 The Owner shall also have the authority, without any notice to the Contractor, to clean up or correct any situation which presents a hazardous or unsafe condition, or which materially affects the Owner's use of the project site or any related facility. Reasonable costs incurred by the Owner for such clean-up or correction shall be charged to the Contractor and paid to the Owner by the Contractor."

2.5 OWNER'S RIGHT TO CARRY OUT THE WORK

2.5 Delete Subparagraph 2.5 and replace with the following:

"§ 2.5 OWNER'S RIGHT TO CARRY OUT THE WORK

If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7)-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the

Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Construction

Change Directive shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the

Architect's and Owner's Project Manager's additional services made necessary by such default, neglect, or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the

Contractor shall pay the difference to the Owner. The rights of the Owner hereunder are in addition to any other rights set forth in the Contract

Documents or available at law or in equity."

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2.5.1 Add the following Subparagraph 2.5.1:

"§ 2.5.1 The Contractor's warranty required by Section 3.5 of the General Conditions shall remain in full effect for work corrected by Owner in accordance with this section."

ARTICLE 3 - CONTRACTOR

3.1 GENERAL

3.1.1 In the second sentence and after "licensed" of Subparagraph

3.1.1, delete ", if required in the jurisdiction where the Project is located." without replacement.

3.1.2 Add to Subparagraph 3.1.2: 'The Contractor warrants that its financial condition is sound, and that the Contractor shall be capable of obtaining any bonds required by the Contract Documents. The Contractor shall promptly advise the Owner of any occurrence, event, fact, or other matter that has had or will have a materially adverse effect upon the financial condition of the Contractor."

3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY

CONTRACTOR

Delete “generally” after “the site, become”.

After the last sentence of Subparagraph 3.2.1, add ", and evaluated and satisfied itself as to the conditions and limitations under which the Work is to be performed, including, without limitation (1) the location, condition, layout and physical conditions of the Project site and surrounding areas, (2) generally prevailing climatic conditions, (3) anticipated labor supply and costs, (4) availability and cost of materials, tools and equipment, and (5) other similar issues. The Owner shall not be required to make any adjustment to the Contract Time or Cost in connection with any failure by the Contractor or any Subcontractor to comply with the requirements of this Paragraph 3.2.1. Before starting the Work, and at frequent intervals during the progress thereof, the Contractor shall carefully study and compare the Contract Documents with each other and with the information furnished by the Owner pursuant to Article 2 and shall at once report to the Architect any error, inconsistency, or omission the Contractor may discover. Any necessary change shall be ordered as provided in Article 7, subject to the requirements of Paragraph 1.2 and other provisions of the Contract Documents. If the Contractor proceeds with the Work without such notice to the Architect, having discovered such errors, inconsistencies, or omissions, or if by reasonable study of the Contract Documents the Contractor could have discovered such, the Contractor shall bear all costs arising therefrom.

The Contractor shall not be entitled to any change in the Contract Time or Contract Sum on account of its failure, or that of any Subcontractor, to comply with the foregoing requirements."

3.2.1 Delete Subparagraph 3.2.2 and replace with the following:

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"§ 3.2.2 Before starting the Work, and at frequent intervals during the progress thereof, the Contractor shall carefully study and compare the

Contract Documents with each other and with the information furnished by the Owner pursuant to subparagraph 2.2.3 and shall at once report to the Architect in writing any error, inconsistency or omission the Contractor may discover. Any necessary change shall be ordered as provided in

Article 7, subject to the requirements of subparagraph 1.2, as amended, and other provisions of the Contract Documents. If the Contractor proceeds with the Work without such notice to the Architect, having discovered such errors, inconsistencies or omissions, or if by reasonable study of the Contract Documents the Contractor could have discovered such, the Contractor shall bear all costs arising therefrom."

3.2.2 In the first sentence and after "Contractor is" of Subparagraph 3.2.3, delete "not" without replacement. Delete “,but” after “public authorities and create new sentence beginning with “The Contractor shall promptly”.

After the last sentence of Subparagraph 3.2.3, add "Nothing in this subparagraph 3.2.3 relieves the Contractor of the legal compliance requirements of Subparagraph 3.7.2."

3.2.3 Delete “claims” after “the Contractor shall submit” and insert “a claim”.

Delete the last sentence of Subparagraph 3.2.4 and replace with "The

Contractor shall be liable for damage to the extent the Contractor reasonably should have, but failed to, discover such error, inconsistency or omission. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract

Documents without such notice to the Architect, the Contract shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for such correction."

3.2.4 Add the following Subparagraph 3.2.5:

"§ 3.2.5 Any claim by the Contractor or Subcontractor that, in submitting their respective bid proposals, they did not include all items as shown in the Contract Documents, will be given no consideration for an adjustment of any kind. If any item is specified in a Section which would not normally furnish this item it shall be the responsibility of the Contractor to coordinate the situation with the Subcontractor, and if the item under consideration is not to be provided by the Subcontractor it shall be the responsibility of the Contractor to provide the work in questions, without any additional cost to the Owner. The Contractor shall not proceed with any Work not clearly and consistently defined in detail in the Contract

Documents but shall request additional information from the Architect. If the Contractor proceeds with such Work without obtaining further information, the Contractor shall correct Work incorrectly done at the

Contractor's own expense."

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3.2.6- Add the following Subparagraphs 3.2.6 through 3.2.6.3:

"§ 3.2.6 The Contractor shall reimburse the Owner for costs incurred by the Architect for design and construction administration services which are caused by the Contractor's inefficient execution of its Work. These may include, but are not limited to, the cost of the Architect to perform:

§ 3.2.6.1 Repeated review of the Contractor's resubmittals and submittals, substantially out of sequence from the submittal schedule provided by the Contractor and agreed to by the Architect.

§ 3.2.6.2 An extensive number of responses to the Contractor's requests for information where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings or prior Project correspondence or documentation.

§ 3.2.6.3 Evaluation of an extensive number of substitutions proposed by the Contractor or requested revisions to the Contract Documents resulting therefrom.

3.2.7 Add the following Subparagraph 3.2.7:

"§ 3.2.7 The Contractor shall notify the Owner and Architect in writing of any existing damage to the property at the project site or any unsafe conditions at the project site prior to commencing the Work."

3.2.8- 3.2.9 Add the following Subparagraphs 3.2.8 through 3.2.9:

§3.2.8 The Contractor may submit requests for information (RFl's) to the Architect to help facilitate the Contractor's performance of the Contract, subject to conditions and procedures set forth in the Specifications. The Contractor shall reimburse the Owner amounts charged to the Owner by the Architect for responding to Contractor requests for information where such information is available to the Contractor from a careful study and comparison of Contract Documents, field conditions, other Owner-provided information, Contractor prepared Shop Drawings, Coordination Drawings, or prior Project correspondence or documentation. Utilization of the request for information process shall not replace the Shop Drawing process; Contractor submission of an RFI as a Shop Drawing will not be accepted.

§3.2.9 Any claim by the Contractor or Subcontractors that, in submitting their respective bids, they did not include all items as shown in the Contract Documents, will be given no consideration for an adjustment of any kind. If any item is specified in a Section which would not normally furnish this item, it shall be the responsibility of the Contractor to coordinate the situation with the Subcontractor, and if the item under consideration is not to be provided by the Subcontractor, it shall be the responsibility of the Contractor to provide the work in question, without any additional cost to the Owner.

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3.3 SUPERVISION AND CONSTRUCTION PROCEDURES

3.3.1 In the first sentence and after "attention" of Subparagraph 3.3.1, add "which shall not be less than such state of skill and attention generally rendered by the contracting profession for projects similar to the Project in scope, difficulty and location. The Contractor shall adequately staff the Project site with a minimum of one full-time Construction Superintendent, and one full-time Project Manager through the date of Substantial Completion to manage, schedule and supervise all construction activities properly and thoroughly. If the Contractor fails to staff the Project site as required, the Contract Sum shall be adjusted by a deductive Change Order in the amount of $100 per hour for each employee hour where the Contractor lacks the required Project site presence for each or any of these required supervisory positions. For the purposes of this section, full time shall be defined as Work between 7:00 A.M. to 3:30 P.M, Monday through Friday."

Delete the last sentence of Subparagraph 3.3.1 and replace with "Where the Contract Documents refer to particular construction means, methods, techniques, sequences or procedures or indicate or imply that such are to be used in the Work, such mention is intended only to indicate that the operations of the Contractor shall be such as to produce at least the quality of work implied by the operations described, but the actual determination of whether or not the described operations may be safely and suitably employed on the Work shall be the responsibility of the Contractor, who shall notify the Architect in writing of the actual means, methods, techniques, sequences or procedures which will be employed on the Work, if these differ from those mentioned in the Contract Documents, which shall not be less than such state of skill and attention generally rendered by the contracting profession for projects similar to the Project in scope, difficulty and location. All loss, damage, or liability, or cost of correcting defective work arising from the employment of any construction means, methods, techniques, sequences or procedures shall be borne by the Contractor, notwithstanding that such construction means, methods, techniques, sequences or procedures are referred to, indicated or implied by the Contract Documents, unless the Contractor has given timely notice to the Owner and Architect in writing that such means, methods, techniques, sequences or procedures are not safe or suitable, and the Owner has then instructed the Contractor in writing to proceed at the Owner's risk."

3.3.2 After the last sentence of Subparagraph 3.3.2, add "This obligation shall also extend to the presence on the Site of suppliers of materials or equipment, their employees, contractors, and agents engaged in the Work."

3.3.2.1 Add the following Subparagraph 3.3.2.1:

"§3.3.2.1 The Contractor shall, upon written request of the Owner, remove

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and replace workers whom the Owner deems to be disorderly, careless, or incompetent or to be employed in violation of the terms of the Contract Documents, at no increase in the Contract Sum or the Contract Time."

3.3.4 - Add the following Subparagraphs 3.3.4 through 3.3.17: 3.3.17

"§ 3.3.4 The Contractor shall furnish sufficient forces, plant and equipment as may be necessary to insure the progress of the Work in accordance with the Project Schedule.

§ 3.3.5 If, in the opinion of the Owner, the Contractor has fallen behind the Project Schedule, the Contractor shall demonstrate the way the desired rate of progress may be increased and shall take such steps, at the Contractor's own cost, as may be necessary to meet the Project Schedule. It shall be the responsibility of the Contractor to maintain its schedule so as not to delay the progress of the Work or the scheduled work of separate Contractors.

§ 3.3.6 The Contractor shall be solely responsible for properly laying out the Work, and for all lines, elevations, and measurements for all of the Work. It shall verify the figures shown on the Drawings before laying out the Work and will be responsible for any error or inaccuracies resulting from its failure to do so. In the event that the Contractor shall, while laying out the Work, become aware of (i) any conflicts among or between the Drawings, the Specifications or any Modification to the Drawings or the Specifications and the actual layout of the Work, or (ii) any conflicts or inconsistencies in the Drawings and Specification themselves, it shall promptly notify the Owner, without whose instructions the Contractor shall not adjust the matter except at his own risk. Coordination of all work shall include without limitation, review of all shop drawings (including, without limitation, structural, mechanical, and electrical drawings) submitted by Subcontractors for various trades or subdivisions of work and approval of shop drawings indicated by Contractor's stamp of approval.

§ 3.3.7 The Contractor shall comply with all provisions of Federal, State, and local law applicable to his work including, without limitation, statutes, by-laws, rules, regulations, orders, and directives, as amended, without limitation.

§ 3.3.8 If this Project requires the containment, abatement or removal of asbestos or material containing asbestos, lead or waste containing lead-based paint, the Contractor shall ensure that the person or entity performing the asbestos or lead related services is licensed pursuant to applicable State laws and regulations.

§ 3.3.10 The Contractor shall be solely responsible for compliance with laws and regulations governing the handling, storage, use or disposal of hazardous materials or wastes used, stored, generated or disposed of in connection with construction of the Work and shall obtain all permits and approvals, give all required notices, and observe all applicable procedures

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prescribed by the EPA, DEP or other governmental authorities having jurisdiction with respect to such activities. At the Owner's request, the Contractor shall properly furnish the Owner with evidence satisfactory to the Owner demonstrating the Contractor's compliance with such procedures, the giving of such notices, and the issuance of such permits and approvals.

§ 3.3.11 The Contractor shall provide and maintain in good operating condition suitable and adequate fire protection equipment and services and shall comply with all reasonable recommendations regarding fire protection made by the representatives of the fire insurance company carrying insurance on the Work or by the local fire chief or state fire marshal. The area within the project site limits shall be kept orderly and clean, and all combustible rubbish shall be promptly removed from the site.

§ 3.3.12 The Contractor shall at all times protect excavations, trenches, buildings and materials from rainwater, ground water, backup or leakage of sewers, drains and other piping, and from water of any other origin, and shall remove promptly any accumulation of water. The Contractor shall provide and operate all pumps, piping and other equipment necessary to this end.

§ 3.3.13 The Contractor shall be responsible for all security measures necessary and appropriate to protect the Work area until acceptance by the Owner to assure that the Work, and all materials and equipment stored at the Site, are fully and completely protected against loss or damage due to vandalism, theft, or malicious mischief. The Contractor shall not use guard dogs for this purpose unless authorized in advance in writing by the Owner. If the Owner approves the use of guard dogs, each dog shall always be accompanied by an adult handler.

§ 3.3.14 The Contractor shall be responsible for the adequate strength and safety of all scaffolding, staging, and hoisting equipment and for temporary shoring, bracing, and tying.

§ 3.3.15 The Contractor shall furnish on site all personal protective equipment as required, approved first aid supplies, the name of its first-aid attendant, and a posted list of emergency facilities.

§ 3.3.16 Contractor shall be responsible for safety of all visitors on the Work site.

§ 3.3.17 If the Contractor fails to comply with its obligations under Subparagraphs 3.3.4 - 3.3.16, the Owner, without prejudice to any other remedies available to the Owner, may provide for such measures and charge the reasonable cost thereof to the Contractor."

3.4 LABOR AND MATERIALS

3.4.1 In the first sentence and after "utilities" of Subparagraph 3.4.1, add "security," At the end of Subparagraph 3.4.1, add ''The word "provide" shall mean

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furnish and install complete, including connections, unless otherwise specified."

3.4.3 In the last sentence and after "assigned to them" of Subparagraph 3.4.3, add ", and the Contractor shall ensure that all workers to be employed on the Project have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration (OSHA) of at least 10 hours. The Contractor shall be responsible for maintaining all safety precautions at and around the Project site. On the Owner's request, the Contractor shall permanently remove from the Project site any employee of the Contractor or any Subcontractor who fails to comply with the requirements of the Contract Documents or whose presence or behavior is deemed by the Owner to be adverse to the success of the Project or the Owner's interests. The Contractor shall employ labor subject to contract terms and conditions to ensure harmonious labor relations on the site and prevent strikes or labor disputes. The Contractor, in the event of a labor dispute including strikes, shall take whatever action is required at no expense to the Owner to prevent the disruption of the Work. The Contractor shall not permit employment of any person who is not of good character and morals nor permit disorderly or indecent conduct on the job site. The Contractor shall not permit the consumption of alcoholic beverages or illegal drugs on the job site nor permit any employment or person under his supervision or control to be under the influence thereof."

3.4.4 - Add the following Subparagraphs 3.4.4 through 3.4.13:

"§3.4.4 CORI Reporting. The Owner may require criminal offender record information ("CORI") from the criminal history systems board, relating to any worker who is scheduled to work on the Project. The Contractor and subcontractors shall cooperate fully and immediately with a request from the Owner to identify the workers who may be placed in a position where they may have direct and unmonitored contact with the public.