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HomeMy WebLinkAboutPROJECT MANUAL 7 CITY OF WATERLOO, IOWA WATERLOO, IA Project Manual for: RiverLoop Public Market Fire Suppression Owner: City of Waterloo, Iowa 715 Mulberry Street Waterloo, IA 50703 319-291-4323 Date: June 18, 2019 Project Number: 22845-R IsG ARCHITECTURE + ENGINEERING 4- ENVIRONMENTALPLANNING- , NOTICE FROM ISG TO ALL CONTRACTORS, SUBCONTRACTORS,AND SUPPLIERS FOR RIVERLOOP PUBLIC MARKET FIRE SUPPRESSION FOR THE CITY OF WATERLOO, IOWA TO BE PLACED ON THE PLAN HOLDERS LIST AND FOR ADDENDA NOTIFICATION YOU MUST REGISTER ON RAPIDSREPRO.COM/PLANROOM IF A CONTRACTOR, SUBCONTRACTOR,OR SUPPLIER DOES NOT HAVE COMPUTER ACCESS, PLEASE CALL RAPIDS REPRODUCTIONS, 1-800-383-1223,TO MAKE ALTERNATIVE ARRANGEMENTS TO RECEIVE ADDENDA. New Users To ISG Plan Room 1. Go to rapidsrepro.com/planroom on the Internet. 2. Click on the "ISG"logo. 3. To the left, is the login panel and within the panel is"Register for an account." 4. Find or create your company. 5. Create your user account 6. Verify you have received a confirmation email,and click the link provided to log in. 7. Any questions contact: 1-800-383-1223 or local 319-277-5538. PRE-BID CONFERENCE WEDNESDAY, JUNE 19, 2019 AT 2:00 P.M. (LOCAL TIME) PUBLIC MARKET 327 W. 3RD ST. - WATERLOO, IA 50701 At this time, contractors will have an opportunity to ask questions of the architect and engineer. Following this meeting, contractors will have open access to tour the building as needed. ._. PROJECT#22845-R NOTICE PRIME / SPRINKLER CONTRACTORS, SUBCONTRACTORS AND SUPPLIERS PRIME / SPRINKLER CONTRACTORS: IF YOU CHOOSE NOT TO BID THIS PROJECT, YOU MUST: NOTIFY THE ARCHITECT NO LESS THAN 5 DAYS PRIOR TO THE BID LETTING THAT YOU ARE NOT BIDDING RETURN THE PLANS IMMEDIATELY OR DEPOSIT CHECKS WILL BE FORFEITED AND MBI CARDS COLLECTED ON SUBCONTRACTORS AND SUPPLIERS: AFTER THE BID LETTING: SUCCESSFUL BIDDERS MAY OBTAIN ADDITIONAL COPIES OF THE PLANS AND SPECIFICATIONS FROM THE PRIME/ SPRINKLER CONTRACTOR(S) PRIME /SPRINKLER CONTRACTORS, SUBCONTRACTORS AND SUPPLIERS: IF YOU ARE NOT AWARDED THE PROJECT: PLANS MUST BE RETURNED WITHIN 7 DAYS OF THE BID AWARD OR DEPOSIT CHECKS WILL BE CASHED PROJECT#22845-R a SPECIFICATIONS FOR RIVERLOOP PUBLIC MARKET FIRE SUPPRESSION FOR THE CITY OF WATERLOO, IOWA I hereby certify that the portion of this technical submission described below was prepared by me or under my supervision and responsible charge. I am a duly licensed architect under the laws of the state of Iowa. DANIEL C. CHANNER,AIA NO Af -0 0 ESSi0r Y i�s4 -- #� DANIELC •• Signature i CFL 'II{ i• C"� 7,1 * s Pages or sheets covered by this seal: A l i 2888to • Specifications Div. I 0ritt Project#22845-R Date Issued: JUNE 18, 2019 PROJECT#22845-R rr TITLE SHEET ALL BRANCH SPECIFICATIONS FOR: RIVERLOOP PUBLIC MARKET FIRE SUPPRESSION FOR THE CITY OF WATERLOO, IOWA FOR: CITY OF WATERLOO "'t 715 MULBERRY STREET WATERLOO,IA 50703 PRE-BID CONFERENCE: WEDNESDAY,JUNE 19,2019 AT 2:00 P.M. (LOCAL TIME) PRE-BID LOCATION: PUBLIC MARKET ,,.11 327 W. 3RD ST. WATERLOO,IA 50701 BIDS TO BE RECEIVED: THURSDAY,JUNE 27,2019 BID TIME: BEFORE 1:00:00 P.M.LOCAL TIME (IN ACCORDANCE WITH THE CLOCK IN THE BID ROOM) BID LOCATION: WATERLOO CITY CLERK'S OFFICE 715 MULBERRY ST. WATERLOO,IA 50703 ARCHITECT: ISG 314E4THST WATERLOO,IA 50703-4704 PHONE: (319)234-1515 FAY: (319)234-1517 PRINCIPAL ARCHITECT: DANIEL C. CHANNER,AIA DATE: JUNE 18, 2019 PROJECT#22845-R H nn1 INDEX FOR: RIVERLOOP PUBLIC MARKET FIRE SUPPRESSION FOR THE CITY OF WATERLOO,IOWA mit COMMON SECTIONS SEAL `w TITLE SHEET INDEX NOTICE OF PROPOSED PUBLIC IMPROVEMENTS ,..t ADVERTISEMENT TO BID INSTRUCTIONS TO BIDDERS SUPPLEMENTARY INSTRUCTIONS TO BIDDERS FORM OF PROPOSAL-GENERAL CONTRACT arni BIDDER STATUS FORM GENERAL CONDITIONS SUPPLEMENTARY GENERAL CONDITIONS DIVISION I-GENERAL REQUIREMENTS Page No. amt 011000-Summary 012100-Allowances 1/4 012500—Substitution Procedures 1/3 012600-Contract Modification Procedures 1/4 012900-Payment Procedures 1/2 013100-Project Management and Coordination 1/5 013200-Construction Progress Documentation 1/6 013300-Submittal Procedures-Paper/Electronic 1/3 014000-Quality Requirements 1/7 014200-References 1/7 015000—Temporary Facilities and Controls 1/8 016000-Product Requirements 1/7 { Product Substitution Form 1/6 017300-Execution 1/1 017700-Closeout Procedures 1/6 1/6 017823 -Operation and Maintenance Data 017839-Project Record Documents 1/7 017900-Demonstration and Training 1/3 1/4 MECHANICAL&ELECTRICAL DIVISION 21—FIRE SUPPRESSION 210500—Common Work Results for Fire Suppression 1/4 f 210553—Identification for Fire Suppression Piping and Equipment 1/2 211300—Fire Suppression Sprinkler Systems 1/4 DIVISION 28—ELECTRONIC SAFETY AND SECURITY 284600—Fire Detection and Alarm 1/6 ""` PROJECT#22845-R 1 +. 4 1 NOTICE OF PROPOSED PUBLIC IMPROVEMENTS ..� Notice is hereby given,in accordance with Section 26.12 of the 2016 Code of Iowa, applicable to the City Council of the CITY OF WATERLOO. The said City Council proposes to construct RIVERLOOP PUBLIC MARKET FIRE SUPPRESSION FOR 0114 THE CITY OF WATERLOO,IOWA. Work of project includes the installation of a fire suppression sprinkler and fire alarm systems at the RiverLoop Public Market located at 327 W.3'St., Waterloo,IA 50701,with a cost estimate of$65,000.00. Proposed Drawings and Specifications, as well as proposed form of contract have been adopted therefore by the said Council,and copies of said construction contract documents are now on file and available for inspection at CITY *** OF WATERLOO. 1 A public hearing at which any and all interested persons may appear and file objection to said proposed Drawings, Specifications,Form of Contract for, or cost of such improvements will be held as provided by law in the CITY OF ( WATERLOO,715 MULBERRY STREET,WATERLOO,IA 50703. The time of the public hearing is hereby set at .M. (Local Time)on July 1,2019. { DATED AT: WATERLOO,IA 50703,this day of 2019. 11 ' BY ORDER OF: CITY OF WATERLOO BY: KELLEY FELCHLE, CITY CLERK I I 1 PROJECT#22845-R ADVERTISEMENT TO BID -- PROJECT: RIVERLOOP PUBLIC MARKET FIRE SUPPRESSION FOR THE CITY OF WATERLOO,IOWA BID DATE: THURSDAY,JUNE 27,2019 BEFORE 1:00:00 P.M.LOCAL TIME (IN ACCORDANCE WITH THE CLOCK IN THE BID ROOM) CONTRACTS: SINGLE SPRINKLER CONTRACTOR(to include MECHANICAL AND ELECTRICAL as subcontractors) PROJECT COST ESTIMATE: LESS THAN$65,000 PLAN DEPOSIT: $50.00 BID SECURITY: 5% ARCHITECT: ISG ENGINEER: 314 EAST 4TH ST. ISG WATERLOO,IA 50703 1300 WALNUT ST., STE 101 Ph: 319-234-1515 DES MOINES,IA 50309 Ph: 515-243-9143 PRE-BID CONFERENCE: WEDNESDAY,JUNE 19,2019 AT 2:00 P.M. (Local Time) PUBLIC MARKET 327 W. 3RD ST. WATERLOO, IA 50701 COMPLETION DATE: Contractor to Specify. jal TOTAL SQUARE FEET: 7,725 SQ.FT. DESCRIPTION OF PROJECT: Installation of the fire sprinkler, fire alarm system and other Work indicated in the Contract Documents. I I Log on to RAPIDSREPRO.COM/PLANROOM, click on the `ISG" logo or call 1-800-383-1223 (toll free for: PLANS&SPECIFICATIONS • ADDENDA NOTIFICATION --+ • PLAN HOLDERS LIST • PRIME BIDDERS LIST NOTE® To be placed on the PLAN HOLDERS LIST and/or PRIME BIDDER'S LIST for this project, you MUST either download a set of plans/specs off of ISG plan room on Rapidsrepro.com/planroom OR order a paper set through Rapids Reproductions, Inc. 1 PROJECT#22845-R H DISTRIBUTION OF DOCUMENTS Bidding documents may be obtained from Rapids Reproductions,Inc.,6201 Chancellor Dr., Cedar Falls,IA 50613; 1-800-383-1223 under the following conditions: �• 1. Qualified plan houses receive all-branch sets free of charge,provided they log all usage of the documents and return to us within 14 days after bidding. A list of those having plans is found in the "Supplementary ... Instructions to Bidders",paragraph 3.1.6. of the specifications. or 2. Prime bidders may receive plans on deposit of$50.they 0 a which is the archite ect n only if they bid less than 5 days prior return the plans within seven(7)days of contract award or y notify day of the ring lthat they ahonored. (Note: Sprinkler Co not going to bid the project ntract s(limit 2d return the s immediately. Master s t each),Mechanical and Builders cards will also be ho Electrical contractors(limit 1 set each). 3. Subcontractors and suppliers may view plans and specifications on Rapidsrepaner sets" o.of plans anroom or at any and specifications of the listed plan holders under 3.1.6 Plans On File. You may receive er receipt of the required deposits stated above if some are available(Limit 1 set each). (Note: If applicable, plans must be returned within 14 days of bid award. Master Builders cards will also be honored. 4. No plans will be issued after one week prior to bidding date. PROJECT#22845-R i r1i� i 0114 INSTRUCTIONS TO BIDDERS "Instructiions to Bidders"shall be AIA Document A701,2018,by the American Institute of Architects is hereby made to govern and accompany the drawings, specifications and the following Supplementary Instructions to Bidders. However,the Supplementary Instructions to Bidders shall take precedence over and modify any statements of the AIA forms. Although AIA Document A701,2018 is not bound in these specifications,the document is considered inclusive by reference and as modified by the Supplementary Instructions to Bidders hereafter. A copy of the Instructions to Bidders is available for purchase at the Architects office or through AIA Iowa. rt s 41 I Ii PROJECT#22845-R 1 Document A701 rM — 1997 — ,tk.k4--1--%04 ATA Instructions to Bidders 1 (Paragraphs deleted) TABLE OF ARTICLES 1 DEFINITIONS ADDITIONS AND DELETIONS: 2 BIDDER'S REPRESENTATIONS The author of this document has t added information needed for its 3 BIDDING DOCUMENTS completion.The author may also have revised the text of the original 4 BIDDING PROCEDURES AlA standard form.An Additions and Deletions Report that notes added information as well. revisions e the 5 CONSIDERATION OF BIDS standard form text is available from the author and should be reviewed.A 6 POST-BID INFORMATION vertical line in the left margin of this document indicates where the author 1 PERFORMANCE BOND AND PAYMENT BOND has added necessary information and where the author has added to or $ FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR deleted from the original AIA text. This document has important legal consequences.Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A701 TM—1997,Copyright©1970, 1974, 1978,1987 and 1397.by The American Institute of Architects.All rights reserved.WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treates.Unauthorized reproduction or distribution of this AIA®Document,or. r any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 1214:54 on 11/24/2008 under Order No.1000365686_1 which expires on 8/22/2009,and is not for resale. 1 User Notes: (631472155) ARTICLE 1 DEFINITIONS § 1.1 Bidding Documents include the Bidding Requirements and the proposed Contract Documents.The Bidding Requirements consist of the Advertisement or Invitation to Bid,Instructions to Bidders,Supplementary Instructions to Bidders,the bid form,and other sample bidding and contract forms.The proposed Contract Documents consist of the form of Agreement between the Owner and Contractor,Conditions of the Contract(General,Supplementary and other Conditions),Drawings,Specifications and all Addenda issued prior to execution of the Contract. § 1.2 Definitions set forth in the General Conditions of the Contract for Construction,AIA Document A201, or in other Contract Documents are applicable to the Bidding Documents. § 4.3 Addenda are written or graphic instruments issued by the Architect prior to the execution of the Contract which modify or interpret the Bidding Documents by additions,deletions,clarifications or corrections. § 1.4 A Bid is a complete and properly executed proposal to do the Work for the sums stipulated therein,submitted in accordance with the Bidding Documents. § 1.5 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base,to which Work may be added or from which Work may be deleted for sums stated in __ Alternate Bids. § 1.6 An Alternate Bid(or Alternate)is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work,as described in the Bidding Documents,is accepted. 6„ § 1.7 A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials,equipment or services or a portion of the Work as described in the Bidding Documents. ..— § 1.8 A Bidder is a person or entity who submits a Bid and who meets the requirements set forth in the Bidding Documents. § 1,9 A Sub bidder is a person or entity who submits a bid to a Bidder for materials,equipment or labor for a portion of the Work. I r.. ARTICLE 2 BIDDER'S REPRESENTATIONS § 2.1 The Bidder by making a Bid represents that: § 2.1.1 The Bidder has read and understands the Bidding ^ Documents or Contract Documents,to the extent that such documentation relates to the Work for which the Bid is submitted,and for other portions of the Project,if any,being , bid concurrently or presently under construction. § 2.1.2 The Bid is made in compliance with the Bidding Documents. ' § 2.1.3 The Bidder has visited the site,become familiar with local conditions under which the Work is to be performed and has correlated the Bidder's personal observations with the requirements of the proposed Contract Documents. .,. § 2.1.4 The Bid is based upon the materials,equipment and systems required by the Bidding Documents without exception. ARTICLE 3 BIDDING DOCUMENTS L. § 3.1 COPIES § 3.1.1 Bidders may obtain complete sets of the Bidding Documents from the issuing office designated in the Advertisement or Invitation to Bid in the number and for the deposit sum,if any,stated therein.The deposit will be refunded to Bidders who submit a bona fide Bid and return the Bidding Documents in good condition within ten days after receipt of Bids.The cost of replacement of missing or damaged documents will be deducted from the deposit.A Bidder receiving a Contract award may retain the Bidding Documents and the Bidder's deposit will be refunded. ` § 3.1.2 Bidding Documents will not be issued directly to Sub-bidders unless specifically offered in the Advertisement or Invitation to Bid,or in supplementary instructions to bidders. s ved. NING:This 6. AIA Document s0prote protected by U.S.Copyright Copyright Law and International Treaties.Unauthorized reproduction or distribution tofrthis rAlA®Document,or any 2 Ale Documentp portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:14:54 on 11/24/2008 under Order No.1000365686_1 which expires on 8/22/2009,and is not for resale. (631472155) User Notes: i... § 3.1.3 Bidders shall use complete sets of Bidding Documents in preparing Bids;neither the Owner nor Architect assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. § 3.1.4 The Owner and Architect may make copies of the Bidding Documents available on the above terms for the purpose of obtaining Bids on the Work.No license or grant of use is conferred by issuance of copies of the Bidding Documents. § 3.2 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS — § 3.2.1 The Bidder shall carefully study and compare the Bidding Documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid is submitted, shall examine the site and local conditions,and shall at once report to the Architect errors,inconsistencies or ambiguities discovered. § 3.2.2 Bidders and Sub-bidders requiring clarification or interpretation of the Bidding Documents shall make a written request which shall reach the Architect at least seven days prior to the date for receipt of Bids. § 3.2.3 Interpretations, corrections and changes of the Bidding Documents will be made by Addendum. Interpretations,corrections and changes of the Bidding Documents made in any other manner will not be binding,and Bidders shall not rely upon them. § 3.3 SUBSTITUTIONS § 3.3.1 The materials. products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. § 3.3.2 No substitution will be considered prior to receipt of Bids unless written request for approval has been received by the Architect at least ten days prior to the date for receipt of Bids. Such requests shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution including drawings,performance and test data,and other information necessary for an evaluation.A statement setting forth changes in other materials,equipment or other portions of the Work,including changes in the work of other contracts that incorporation of the proposed substitution would require,shall be included.The burden of proof of the " merit of the proposed substitution is,upon the proposer.The Architect's decision of approval or disapproval of a proposed substitution shall be final. § 3.3.3 If the Architect approves a proposed substitution prior to receipt of Bids,such approval will be set forth in an Addendum.Bidders shall not rely upon approvals made in any other manner. § 3.3.4 No substitutions will be considered after the Contract award unless specifically provided for in the Contract —` Documents. § 3.4 ADDENDA § 3.4.1 Addenda will be transmitted to all who are known by the issuing office to have received a complete set of Bidding Documents. § 3.4.2 Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. § 3.4.3 Addenda will be issued no later than four days prior to the date for receipt of Bids except an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids. § 3.4.4 Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued,and the Bidder shall acknowledge their receipt in the Bid. ARTICLE 4 BIDDING PROCEDURES § 4.1 PREPARATION OF BIDS § 4.1.1 Bids shall be submitted on the forms included with the Bidding Documents. AIA Document A701 TM-1997.Copyright©1970,1974,1978,1987 and 1997 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was 3 produced by AIA software at 12:14:54 on 11/24/2008 under Order No.1000365686_1 which expires on 8/22/2009,and is not for resale. User Notes: (631472155) L. § 4.1.2 All blanks on the bid form shall be legibly executed in a non-erasable medium. L, § 4.1.3 Sums shall be expressed in both words and figures.In case of discrepancy,the amount written in words shall govern. "' § 4.1.41nterlineations,alterations and erasures must be initialed by the signer of the Bid. _ § 4.1.5 All requested Alternates shall be bid.If no change in the Base Bid is required,enter"No Change." `, § 4.1.6 Where two or more Bids for designated portions of the Work have been requested,the Bidder may,without forfeiture of the bid security,state the Bidder's refusal to accept award of less than the combination of Bids stipulated by the Bidder.The Bidder shall make no additional stipulations on the bid form nor qualify the Bid in any other r.. manner. § 4.1.7 Each copy of the Bid shall state the legal name of the Bidder and the nature of legal form of the Bidder.The Bidder shall provide evidence of legal authority to perform within the jurisdiction of the Work.Each copy shall be signed by the person or persons legally authorized to bind the Bidder to a contract.A Bid by a corporation shall further g ive the state of incorporation and have the corporate seal affixed.A Bid submitted by an agent shall have a current power of attorney attached certifying the agent's authority to bind the Bidder. § 4.2 BID SECURITY § 4.2.1 Each Bid shall be accompanied by a bid security in the form and amount required if so stipulated in the .. Instructions to Bidders.The Bidder pledges to enter into a Contract with the Owner on the terms stated in the Bid and will,if required,furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder.Should the Bidder refuse to enter into such Contract or fail to furnish such bonds if required,the amount of the bid security shall be forfeited to the Owner as liquidated damages,not as a penalty.The amount of the bid security shall not be forfeited to the Owner in the event the Owner fails to comply with Section 6.2. 4.2.2 If a suretybond is required,it shall be written on MA Document A310,Bid Bond,unless otherwise provided in affix to the bond L. h e Bidding Documents,and the attorney-in-fact who executes the bond on behalf of the surety shall a certified and current copy of the power of attorney. § 4.2.3 The Owner will have the right to retain the bid security of Bidders to whom an award is being considered until h.— either(a)the Contract has been executed and bonds,if required,have been furnished,or(b)the specified time has elapsed so that Bids may be withdrawn or(c)all Bids have been rejected. § 4.3 SUBMISSION OF BIDS § 4.3.1 All copies of the Bid,the bid security,if any,and any other documents required to be submitted with the Bid shall be enclosed in a sealed opaque envelope.The envelope shall be addressed to the party receiving the Bids and shall be identified with the Project name,the Bidder's name and address and,if applicable,the designated portion of L. the Work for which the Bid is submitted.If the Bid is sent by mail,the sealed envelope shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face thereof. i L. § 4.3.2 Bids shall be deposited at the designated location prior to the time and date for receipt of Bids. Bids received after the time and date for receipt of Bids will be returned unopened. § 4.3.3 The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. i.. § 4.3.4 Oral, telephonic,telegraphic. facsimile or other electronically transmitted bids will not be considered. ` § 4.4 MODIFICATION OR WITHDRAWAL OF BID 6. § 4.4.1 A Bid may not be modified,withdrawn or canceled by the Bidder during the stipulated time period following the time and date designated for the receipt of Bids,and each Bidder so agrees in submitting a Bid. § 4.4.2 Prior to the time and date designated for receipt of Bids,a Bid submitted may be modified or withdrawn by notice to the party receiving Bids at the place designated for receipt of Bids. Such notice shall be in writing over the AIA Document A701TM-1997.Copyright©1970,1974,1978,1987 and 1997 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any 4 d criminal lties,and will e uted o the mum der produoced b it, AIA software ats 2 14:54 ona1n 24/2008 unpderaOrder No.100036 686_llcwhicchtexp'expires 2009 extent d is noteforrresalehe law.This document was p y (631472155) — User Notes: signature of the Bidder.Written confirmation over the signature of the Bidder shall be received,and date-and time stamped by the receiving party on or before the date and time set for receipt of Bids.A change shall be so worded as not to reveal the amount of the original Bid. § 4.4.3 Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. -- § 4.4.4 Bid security,if required, shall be in an amount sufficient for the Bid as resubmitted. ARTICLE 5 CONSIDERATION OF BIDS § 5.1 OPENING OF BIDS — At the discretion of the Owner,if stipulated in the Advertisement or Invitation to Bid,the properly identified Bids received on time will be publicly opened and will be read aloud.An abstract of the Bids may be made available to Bidders. § 5.2 REJECTION OF BIDS The Owner shall have the right to reject any or all Bids.A Bid not accompanied by a required bid security or by other data required by the Bidding Documents,or a Bid which is in any way incomplete or irregular is subject to rejection. § 5.3 ACCEPTANCE OF BID (AWARD) § 5.3.1 It is the intent of the Owner to award a Contract to the lowest qualified Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available. The Owner shall have the right to waive informalities and irregularities in a Bid received and to accept the Bid which, in the Owner's judgment,is in the Owner's own best interests. § 5.3.2 The Owner shall have the right to accept Alternates in any order or combination,unless otherwise specifically provided in the Bidding Documents, and to determine the low Bidder on the basis of the sum of the Base Bid and Alternates accepted. ARTICLE 6 POST-BID INFORMATION § 6.1 CONTRACTOR'S QUALIFICATION STATEMENT Bidders to whom award of a Contract is under consideration shall submit to the Architect,upon request,a properly executed AIA Document A305, Contractor's Qualification Statement, unless such a Statement has been previously required and submitted as a prerequisite to the issuance of Bidding Documents. § 6.2 OWNER'S FINANCIAL CAPABILITY The Owner shall,at the request of the Bidder to whom award of a Contract is under consideration and no later than seven days,prior to the expiration of the time for withdrawal of Bids,furnish to the Bidder reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract.Unless such reasonable evidence is furnished. the Bidder will not be required to execute the Agreement between the Owner and Contractor. § 6.3 SUBMITTALS § 6.3.1 The Bidder shall, as soon as practicable or as stipulated in the Bidding Documents,after notification of selection for the award of a Contract,furnish to the Owner through the Architect in writing: .1 a designation of the Work to be performed with the Bidder's own forces; .2 names of the manufacturers,products,and the suppliers of principal items or systems of materials and equipment proposed for the Work; and .3 names of persons or entities(including those who are to furnish materials or equipment fabricated to a special design)proposed for the principal portions of the Work. § 6.3.2 The Bidder will be required to establish to the satisfaction of the Architect and Owner the reliability and responsibility of the persons or entities proposed to furnish and perform the Work described in the Bidding Documents. § 6.3.3 Prior to the execution of the Contract,the Architect will notify the Bidder in writing if either the Owner or Architect,after due investigation,has reasonable objection to a person or entity proposed by the Bidder.If the Owner or Architect has reasonable objection to a proposed person or entity, the Bidder may,at the Bidder's option, (1) AIA Document A701 TM-1997.Copyright©1970, 1974,1978,1987 and 1997 by The American Institute of Architects.All rights reserved.WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was 5 produced by AIA software at 12:14:54 on 11/24/2008 under Order No.1000365686_1 which expires on 8/22/2009,and is not for resale. User Notes: (631472155) 1 imw withdraw the Bid or(2)submit an acceptable substitute person or entity with an adjustment in the Base Bid or Alternate Bid to cover the difference in cost occasioned by such substitution.The Owner may accept the adjusted bid price or disqualify the Bidder.In the event of either withdrawal or disqualification,bid security will not be forfeited. § 6.3.4 Persons and entities proposed by the Bidder and to whom the Owner and Architect have made no reasonable objection must be used on the Work for which they were proposed and shall not be changed except with the written r_ consent of the Owner and Architect. ARTICLE 7 PERFORMANCE BOND AND PAYMENT BOND i... § 7.1 BOND REQUIREMENTS § 7.1.1 If stipulated in the Bidding Documents,the Bidder shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder.Bonds may be secured through the Bidder's usual sources. § 7.1.2 If the furnishing of such bonds is stipulated in the Bidding Documents,the cost shall be included in the Bid.If the furnishing of such bonds is required after receipt of bids and before execution of the Contract,the cost of such bonds shall be added to the Bid in determining the Contract Sum. § 7.1.3 If the Owner requires that bonds be secured from other than the Bidder's usual sources,changes in cost will be adjusted as provided in the Contract Documents. § 7.2 TIME OF DELIVERY AND FORM OF BONDS § 7.2.1 The Bidder shall deliver the required bonds to the Owner not later than three days following the date of execution of the Contract.If the Work is to be commenced prior thereto in response to a letter of intent,the Bidder i... shall,prior to commencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished and delivered in accordance with this Section 7.2.1. § 7.2.2 Unless otherwise provided,the bonds shall be written on MA Document A312,Performance Bond and .• Payment Bond,Both bonds shall be written in the amount of the Contract Sum. E § 7.2.3 The bonds shall be dated on or after the date of the Contract. I § 7.2.4 The Bidder shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney. r.. ARTICLE 8 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR Unless otherwise required in the Bidding Documents,the Agreement for the Work will be written on AIA Document A l01,Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment Is a Stipulated Sum. Imo lams AIA Document A701 TM—1997.Copyright©1970,1974,1978,1987 and 1997 by The American Institute of Architects.All rights reserved.WARNING:This ... AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA®Document,or any 6 portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:14.54 on 11/24/2008 under Order No.1000365686_1 which expires on 8/22/2009,and is not for resale. (631472155) User Notes: .�, Additions and Deletions Report for AIA Document A701 rM— 1997 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AlA software at 12:14:54 on 11/24/2008. PAGE1 for tho f 11 i DOn EcT — i�rrcv-r: 4. Additions and Deletions Report for AIA Document A7o1 TM—1997.Copyright©1970, 1974.1978.1987 and 1997 by The American Institute of Architects.All rights reserved.WARNING:This AlA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 121454 on 1 1/24/2008 under Order No.1000365686 1 which expires on 8/22/2009.and 1 is not for resale. User Notes: (631472155) Certification of Document's Authenticity AIA® Document D401 TM — 2003 I, ,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 12:14:54 on 11/24/2008 under Order No. 1000365686_1 from MA Contract Documents software and that in preparing the attached final i.. document I made no changes to the original text of MA®Document A701TM—1997-Instructions to Bidders,as published by the MA in its software,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) L. (Dated) AIA Document D401 TM-2003.Copyright©1992 and 2003 by The American Institute ofi Architects.All rights reserved.WARNING:This AlAe Document is 1 .... protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may softwareresult in a 1 severe civil land criminal penalties,and d w000e prosecuted ros ct to to thei es i 8 mm ext0ntand is possible unr der the e law.This document was produced by AIA (631472155) User Notes: SUPPLEMENTARY INSTRUCTIONS TO BIDDERS SCOPE The following Supplementary Instructions to Bidders shall be intended to modify and expand the referenced Instructions to Bidders and they shall take precedence over any statements of the AIA Document A701,2018 forms. The article and paragraph of the AIA Document which the supplementary statement refers to is so noted. Where any part of the AIA,A701, Instructions to Bidders is modified,the unaltered provisions of that part shall remain in effect. ARTICLE 3 BIDDING DOCUMENTS 3.1.5. LIST OF DRAWINGS AND SPECIFICATIONS DRAWINGS All drawings are all branch sets. A set of drawings consists of the following sheet: Al -FLOOR PLAN SPECIFICATIONS Common Sections(including Division I),plus Mechanical/Electrical Divisions 21 and 28. All bidders will receive the following specification headings in addition to the specific heading listed below. TITLE SHEET INDEX NOTICE OF PROPOSED PUBLIC IMPROVEMENT ADVERTISEMENT TO BID INSTRUCTIONS TO BIDDERS SUPPLEMENTARY INSTRUCTIONS TO BIDDERS FORM OF PROPOSAL BIDDER STATUS FORM GENERAL CONDITIONS SUPPLEMENTARY GENERAL CONDITIONS ji 1-1 I PROJECT#22845-R S.I.B. Page 1 it 3.1.6. PLANS ON FILE Owner City Of Waterloo 715 Mulberry Street Waterloo,IA 50703 Ph: 319-291-4323 Architect ISG 314 East 4th Street Waterloo,IA 50703-4704 Ph: 319-234-1515 Mechanical&Electrical Engineer ISG 1300 Walnut Street+Suite 101 Des Moines,IA 50309 Ph: 515-243-9143 Waterloo Bldg.Dept. City Hall 715 Mulberry Waterloo,IA 50703 Ph: 319-291-4319 PROJECT#22845-R S.I.B. Page 2 Ji PLAN ROOMS Quest Construction Data Network,LLC PO Box 412 "1 Spring Park,MN 55384-0412 Ph: 952.233.1632 info@questcdn.com United Minorities Contractors&Vendors { UPS to send Plans : OR MAIL to send Con-es ondence 7112 Railway St. Palo,IA 52324 PO Box 8665 Ph: 319-560-8800 Cedar Rapids, IA 52408 Fax: 319-396-6977 1 I I 1 1 ■s ' 4 PROJECT#22845-R S.I.B. Page 3 41..11 3.2.4. INTERPRETATION OF THE CONTRACT DOCUMENTS In the event that any questions shall arise after the letting of the contract respecting the true meaning of the drawings and specifications,the matter shall be referred to the Architect,whose decision shall be conclusive upon all parties to the contract. No advantage shall be taken of any manifest errors or omissions which affect the submitted bid. 3.3.3. APPROVAL OF SUBSTITUTIONS Approval to bid any material other than the specified products and any listed pre-approved substitutions must be requested by the supplier in accordance with Division I-016000. If approved,the Architect will submit an approval letter. The requesting letter must be received by the Architect no less than 5 business days prior to the bid date. A copy of the approval letter shall accompany the proposal of such material to the Contractor. Any materials not so approved will not be permitted on the project. This also applies to Subcontractors which must be approved prior to the bidding when so specified. �. 3.4.1. ADDENDA Add the following: All contractors are required to register on Rapidsrepro.com/planroom for this project. Addenda •- will be distributed through that source. If any contractor does not have the ability to register on the internet for Rapidsrepro.com/planroom,they are required to contact Rapids Reproductions' office at 1-800-383-1223 to make other arrangements to receive addenda.Bidders must acknowledge receipt of any/all addenda on their Form of ._ Proposal form. ARTICLE 4 BIDDING PROCEDURES 4.1.1. FORM AND STYLE OF BIDS The bidder may remove the proposal bound in these specifications. A new Form of Proposal will be forwarded with addendum for the prime bidder's use if changes have been made to the Form. 4.2. BID SECURITY ... 4.2.1. Modify subparagraph 4.2.1. as follows: Bid Security will be required as stipulated in the Advertisement to Bid,and if bid bond is used shall be as specified .. in Instructions to Bidders A701,4.2.2. Bid security shall be submitted in a separate envelope than the proposal form under the letterhead of the Contractor. The envelope shall have typed on its face the following identification: Bid Security for the RIVERLOOP PUBLIC MARKET FIRE SUPPRESSION FOR THE CITY ti.. OF WATERLOO,IOWA. 4.3. SUBMISSION OF BIDS 4.3.1. IDENTIFICATION OF PROPOSAL Proposal shall be submitted in a single envelope under the letterhead of the Contractor. The envelope shall have typed on its face the following identification: Proposal for the RIVERLOOP PUBLIC MARKET FIRE SUPPRESSION FOR THE CITY OF WATERLOO,IOWA. If mailed,the outside envelope must be addressed to KELLEY FELCHLE,CITY CLERK. 4.3.2. SUBMISSION OF BIDS Bids shall be mailed or delivered to the Secretary of the Owner on the Form of Proposal(or copy)so as to reach their destination prior to the time set for bidding in the Advertisement to Bid. All bids will be time and date stamped upon receipt. PROJECT#22845-R S.I.B. Page 4 4.4.1. WITHDRAWAL OF BID No bidder may withdraw his bid for a period of thir ty(30)days after the date and hour set for the opening of bids. 4.4.5. SPECIAL NOTICE Bidders are hereby given notice to check carefully the accuracy and arithmetic of their bids before submission- pleas of errors in bids will result in rejection of that bid and award to the next low bidder and disposition of bid security is at the discretion of the Owner. ARTICLE 5 CONSIDERATION OF BIDS 5.1.2. STANDARD OF BIDDING PROCEDURES Bidding and award procedures will be conducted according to the latest edition of"Manual of Recommended Procedure for Competitive Bidding and Award of Building Contracts"as prepared by C.C.I. (Construction Council of Iowa). 5.3.1. ACCEPTANCE OF BIDS Bids will be acted upon at the time of bidding or at such subsequent time as the Owner may decide within the time limit stated in S.I.B.4.4.1. above. ...� ARTICLE 6 POST-BID INFORMATION 6.1.2. QUALIFICATION OF BIDDERS Submission of the proposal for this work shall constitute assurance that the Contractor is qualified and will be able to furnish all of the requirements of this contract, including bonds,guarantees, insurance, and related items as required and herein set out. ARTICLE 7 PERFORMANCE BOND AND PAYMENT BOND 7.3. BOND Bond under this contract will be required according to 7.1.1. Furnishing the Bond shall be executed within 14 days of the Notice of Award of Contract. The Bond shall continue for twelve(12)months from the day on which final payment under the contract falls due and shall be written on AIA Document A312. Contractor shall deliver a bond in the full amount(100%)of the contract sum concurrently with the signed Agreement. ARTICLE 8 ENUMERATION OF THE PROPOSED CONTRACT DOCUMENTS 8.1.1. FORM OF CONTRACT If the Contractor be notified of the acceptance of this proposal,he agrees to execute a contract for the work for the stated compensation in the form of the AIA Standard Form of Agreement Between Contractor and Owner for Construction,AIA Document A101,2017 Edition,sample copy on file at the Architect's office. The prime 1 Contractor shall execute the signed agreement within 14 days of the Notice of Award of Contract. PROJECT#22845-R S.I.B. Page 5 CLARIFICATIONS&MODIFICATIONS TO STANDARD A101 Under 5.1 PROGRESS PAYMENTS:Modify as follows: Section 5.1.3 reflects the following: The Architect must receive the Contractor's application for payment not later than the last day of a month and the Owner must pay the Contractor not later than the 15`h day of the following month. Also,under Section 5.1.3,if the Contractor fails to submit a payment application to the Architect by the last r... day of a month, the Owner shall not be required to make payment to the Contractor until the Owner's next regular payment cycle which would be the 15th day of the month two months after receipt of the Pay Application. In light of the new competitive bidding law,add the following to Section 5.1.8: Request for Early Release of .� Retainage Funds: Upon achieving Substantial Completion, as defined by Iowa Code Chapter 26,the Contractor may formally request the release of all or part of the retainage funds being held on the Project. The Contractors' request for Release of the Retainage Funds shall be accompanied by a sworn statement that ten (10) calendar days prior to filing the Request for Release of the Funds a notice was given to all known subcontractors, subsubcontractors and suppliers that the Contractor is requesting the early release of retainage funds. If proper documentation is received from the Contractor,the Owner will release all retainage funds at the next monthly council meeting or within thirty(30)days, whichever is less,except it may retain the following: a) An amount equal to 200%of the value of labor or materials yet to be provided on the Project as determined *- by the Owner and its authorized contract representative. For purposes of section, "authorized contract representative"means the Architect of record on the Project,unless otherwise specified. b) An amount equal to 200%of the value of any Chapter 573 claims currently on file at the time the Request ,... of Release of Retainage is approved. If the Owner withholds an amount from the retainage payment to the Contractor, the Owner will provide a reason the request is being denied to the Contractor within thirty(30)calendar days of the receipt of the request. Article 5.2 outlines the provisions regarding final payment and references Subparagraph 12.2.2 of AIA Document A201-2017. Under the Contract,the Owner's final payment to the Contractor shall be made no later than thirty-one ... (31)days after the issuance of the Architect's final Certificate of Payment. Under Section 5.2.2 add that the owner may withhold 200%of the value of the work not satisfactorily completed at the time of final acceptance as well as the withholding of 200% of the value of any Iowa Code Chapter 573 claims ... on file 30 days after final acceptance prior to the making of any final payment. Under Article 7 TERMINATION OR SUSPENSION,modify as follows: ►.. The Contract may be terminated by either the Owner or the Contractor as provided in Article 14 of the General Conditions,and the Owner may suspend work in accordance with Article 14 of the General Conditions. Under Article 8 MISCELLANEOUS PROVISIONS,modify as follows: Under Section 8.2,the late payment provision should be amended to read as follows: Payments due and unpaid under the contract document shall bear interest from the date payment is due at a rate equal to the rate specified by rule pursuant to Iowa code Section 74A.2. PROJECT#22845-R S.I.B. Page 6 t I •16"1 FORM OF PROPOSAL GENERAL SPRINKLER CONTRACT 1 1. SUBMITTED TO: CITY OF WATERLOO 2. SUBMITTED BY: al 3. PROJECT: RIVERLOOP PUBLIC MARKET FIRE SUPPRESSION FOR THE CITY OF WATERLOO,IOWA 4. DOCUMENTS: A. Advertisement to Bid. 7 B. Instructions and Supplementary Instructions to Bidders. I C. General and Supplementary General Conditions. D. Proposal Bid Form properly executed with Bid Security and/or other 1 Supplementary Forms. 1 E. Plans and Specifications. F. Addendum No. Dated Addendum No. Dated 1 Addendum No. Dated Addendum No. Dated (Contractor to insert number of each Addendum received) 7 5. AGREEMENTS: In submitting this proposal,the Contractor agrees to the following stipulations A. Contract date will be on or after the bidding date, and Contractor will be required to hold valid all terms "j of the proposal. B. The requirements of the Instructions to Bidders will be adhered to. C. If the undersigned be notified of the acceptance of this proposal,he/she agrees to execute a contract the above work,for the below stated compensation in the form prescribed in Article 8.1 of the 1 for Supplementary Instructions to Bidders. 1 D. The work will be accomplished in accord with the contract documents. E. The undersigned agrees, if awarded the contract,to have the work substantially completed on or before the day of 2019. (Contractor to insert completion date) 1 F. The undersigned agrees, if awarded the contract and required by Article 7 to execute and deliver to the Owner prior to the signing of the agreement,a satisfactory bond in the form set out in Paragraph 7.3 of the Supplementary Instructions to Bidders. 7 G. To include in the bid all other taxes lawfully assessed against the Contractor or company in connection with the work included herein. SEE: SUPPLEMENTARY GENERAL CONDITIONS 3.6.1. TAXES 7 6. PROPOSAL Having carefully examined the contract documents as well as the premises and conditions affecting the work,the undersigned hereby proposes to furnish all labor and materials to complete the general contract requirements of the 1 project in accordance with said documents for the sum of: DOLLARS ($ ) 7 BASIS BID** (**Basis Bid to include Contingency Allowance, see Section 012100 Allowances) Contractor initial here acknowledging allowances are included in Basis Bid i "'1 a 1 Form of Proposal-General Sprinkler Contract(Continued) I 1 i I Respectfully Submitted, PERSON,FIRM OR CORPORATION BIDDER FIRM: BY: Signature/Title BY: Print/Type above name/Title DATE: ADDRESS 1: ADDRESS 2: CITY, STATE,ZIP: PHONE: FAX: EMAIL: .. 1 Udder Status Form _To be completed by all bidders Please answer"Yes" or"No" for each of the following: Part A ❑ Yes ❑ No My company is authorized to transact business in Iowa. (To help you determine if your company is authorized, please review the worksheet on the next page). ❑ Yes ❑ No My company has an office to transact business in Iowa. ❑❑ Yes ❑ No My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. Yes ❑ No My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. ❑ Yes n No My company is not a subsidiary of another business entity or my company is a subsidiary of another business entity that would qualify as a resident bidder in Iowa. If you answered "Yes"for each question above, your company qualifies as a resident bidder. Please complete Parts B and D of this form. If you answered "No" to one or more questions above, your company is a nonresident bidder. Please complete Parts C and D of this form. —To be completed by resident bidders Part B My company has maintained offices in Iowa during the past 3 years at the following addresses: Dates: / / to / / Address: City, State, Zip: Dates: / / to / / Address: City, State, Zip: Dates: / / to / / Address: You may attach additional sheet(s) if needed. City, State, Zip: To be completed by non-resident bidders Part C 1. Name of home state or foreign country reported to the Iowa Secretary of State: 2. Does your company's home state or foreign country offer preferences to resident bidders, resident labor force preferences or any other type of preference to bidders or laborers? ❑ Yes El No 3. If you answered "Yes" to question 2, identify each preference offered by your company's home state or foreign country and the appropriate legal citation. You may attach additional sheet(s) if needed. _To be completed by all bidders Part D I certify that the statements made on this document are true and complete to the best of my knowledge and I know that my failure to provide accurate and truthful information may be a reason to reject my bid. Firm Name: —Signature: Date: You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156. This form has been approved by the Iowa Labor Commissioner. 309-6001 (09-15) Worksheet: Authorization to Transact Business This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following describes your business, you are authorized to transact business in Iowa. ❑ Yes ❑ No My business is currently registered as a contractor with the Iowa Division of Labor. ❑ Yes ❑ No My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes. — 0 Yes ❑ No My business is a general partnership or joint venture. More than 50 percent of the general partners or joint venture parties are residents of Iowa for Iowa income tax purposes. ❑ Yes ❑ No My business is an active corporation with the Iowa Secretary of State and has paid all fees required by the Secretary of State, has filed its most recent biennial report, and has not filed articles of dissolution. ❑ Yes ❑ No My business is a corporation whose articles of incorporation are filed in a state other than Iowa,the corporation has received a certificate of authority from the Iowa secretary of state, has filed its most recent biennial report with the secretary of state, and has neither received a certificate of withdrawal from the secretary of state nor had its authority revoked. — ❑ Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled. ❑ Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in a state other than Iowa, has filed a statement of foreign qualification in Iowa and a statement of cancellation has not been filed. ❑ Yes ❑ No My business is a limited partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state, and has not filed a statement of termination. ❑ Yes n No My business is a limited partnership or a limited liability limited partnership whose certificate of limited partnership is filed in a state other than Iowa, the limited partnership or limited liability limited partnership has received notification from the Iowa secretary of state that the application for certificate of authority has been approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited partnership. — ❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination. ❑ Yes n No My business is a limited liability company whose certificate of organization is filed in a state other than Iowa, has received a certificate of authority to transact business in Iowa and the certificate has not been revoked or canceled. 309-6001 (09-15) GENERAL CONDITIONS , General Conditions of the Contract for Construction shall be AIA Document A-201,2017 by the American Institute of Architects,are hereby made to govern the accompanying drawings and specifications, except that the accompanying Supplementary General Conditions shall take precedence over and modify,delete and/or add to any l statements of the AIA forms. Although AIA Document A201,2017 is not bound in these specifications,the document is considered inclusive by reference and as modified by the Supplementary General Conditions hereafter. A copy of the General Conditions is available for purchase at the Architect's office or through AIA Iowa. „, 1 1 1 7 7 f 1 7 1 i I 7 "1 I I r Document A201 TM - 2017 General Conditions of the Contract for Construction — for the following PROJECT: (Name and location or address) ADDITIONS AND DELETIONS: The author of this document has added information needed for its THE OWNER: completion.The author may also (Name, legal status and address) have revised the text of the original AIA standard form.An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available THE ARCHITECT: from the author and should be (Name, legal status and address) reviewed.A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted TABLE OF ARTICLES from the original AIA text. This document has important legal 1 GENERAL PROVISIONS consequences.Consultation with an attorney is encouraged with respect 2 OWNER to its completion or modification. 3 CONTRACTOR For guidance in modifying this document to include supplementary 4 ARCHITECT conditions,see AIA Document A503TM, Guide for Supplementary 5 SUBCONTRACTORS Conditions. 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS i 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS �-- 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS — 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES Init. AIA`Document A201 T^'-2 01 7.Copyright O 1911,1915 1918,1925,1937, 1951,1958, 1961,1963, 1966, 1970.1976, 1987, 1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by Unauthorized reproduction or distribution of khis AlA`' Document,or anresu U.S.' Copyrighte civla Law and lnternad criminal lti tal Treaties. / prosecuted to the maximum extent possible under the law.This docume t was produced by AIA softt€ware an tr11.38.53nET on 1/16/2018 under Orde 1 r No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) INDEX 2.5,3.1.3,3.5,3.10.2,4.2.7 Architect's Authority to Reject Work (Topics and numbers in bold are Section headings.) 3.5,4.2.6, 12.1.2, 12.2.1 Architect's Copyright Acceptance of Nonconforming Work 1.1.7, 1.5 9.6.6 9.9.3, 12.3 Architect's Decisions Acceptance of Work 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.2.14,6.3, 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3, 12.3 7.3.4,7.3.9,8.1.3,8.3.1,9.2,9.4.1,9.5,9.8.4,9.9.1, Access to Work 13.4.2, 15.2 3.16 6.2.1. 12.1 Architect's Inspections Accident Prevention 3.7.4,4.2.2,4.2.9,9.4.2,9.8.3,9.9.2,9.10.1, 13.4 10 Architect's Instructions Acts and Omissions 3.2.4,3.3.1,4.2.6,4.2.7, 13.4.2 A 3.2,3.3.2,3 Architect's Interpretations.12.8,3.18;4.2.3, 8.3.1,9.5.1, 10.2.5, 4.2.11,4.2.12 10.2.8, 13.3.2, 14.1, 15.1.2 15.2 Addenda Architect's Project Representative 1. 4.2.10 Costa, Claims for Architect's Relationship with Contractor Additional 3:7:4,3.7.5 10.3.2, IS.L.S` 1.1.2, 1.5,2.3.3,3.1.3,3.2.2,3.2.3,3.2.4, 3.3.1,3.4.2, �• Additional Inspections and Testing 3.5,3.7.4,3.7.5,3.9.2,3.9.3,3.10,3.11,3.12,3.16, _ 9.4.2,9.8.3, 12.2.1 13.4 3.18,4.1.2,4.2, 5.2,6.2.2,7, 8.3.1,9.2,9.3,9.4,9.5, Additional Time, Claims for 9.7,9.8,9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2 L. 3.2`4,3.7.4,3.7.5 3.10.2,8.3.2, 15.1.6 Architect's Relationship with Subcontractors Administration of the Contract 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4, 11.3 3.1.3,4.2 9.4, 9.5 Architect's Representations Advertisement or invitation to Bi 9.4.2,9.5.1,9.10.1 `d Architect's Site Visits _ 1.1.1 Aesthetic Effect 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1,9.9.2,9.10.1, 13.4 i Asbestos �- 42.13 10.3.1 Allowances 3.8 Attorneys' Fees Applications for Payment 3.18.1,9.6.8,9.10.2, 10.3.3 4.2.5, 7.3.9,9.2,9.3, 9.4, 9.5.1,9.5.4,9.6.3,9.7,9.10 Award of Separate Contracts Approvals 6.1.1,6.1.2 2.1.1,?.3.1.2.5,3.1.3,3.10.2,3.12.8,3.12.9, Award of Subcontracts and Other Contracts for Portions of the Work 3.12.10.1,4.2.7,9.3.2, 13.4.1 5.2 Arbitration 8.3.1, 15.3.2, 15.4 Basic Definitions ARCHITECT 1.1 4 Bidding Requirements Architect,Definition of 1.1.1 4.1.1 Binding Dispute Resolution Architect,Extent of Authority 8.3.1,9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, 2.5, 3.12.7.4.1.2,4.2, 5.2, 6.3,7.1.2,7.3.4,7.4,9.2, 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1 9.3.1,9.4,9.5, 9.6.3,9.8,9.10.1,9.10.3, 12.1, 12.2.1, Bonds,Lien 7.3.4.4,9.6.8,9.10.2,9.10.3 I 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.1 Bonds,Performance,and Payment Architect,Limitations of Authority and Responsibility 7.3.4.4,9.6.7,9.10.3, 11.1.2, 11.1.3, 11.5 2.1.1,3.12.4,3.12.8,3.12.10,4.1.2,4.2.1,4.2.2, Building information Models Use and Reliance 4.2.3,4:2.6,4.2.7,4.2.10,4.2.12,4.2.13,5.2.1,7.4, 1.8 9.4.2, 9.5.4,9.6.4, 15.1.4, 15.2 Building Permit Architect's Additional Services and Expenses 3.7.1 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 Capitalization Architect's Administration of the Contract 1.3 3.1.3,3.7.4, 15.2,9.4.1,9.5 Certificate of Substantial Completion Architect's Approvals 9.8.3, 9.8.4,9.8.5 61, AIA Documenti to 01 rrr_2017.Allri Copyright tt reserved.WARNING:ThislAMA' Document is9prot 96ed by U.S.Copyright Law and International Treaties. 2L Init. American Institute ro Architects. 9 Unauthorized reproduction or distribution of this Alit,' Document,or any portion of it,may result in severe civil and criminal penalties,and will e / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. (3B9ADA5D) User Notes: Certificates for Payment 3.7.4,4.2.8,8.3.1, 10.3 4.2.1,4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7, Conditions of the Contract 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4 1.1.1, 6.1.1,6.1.4 Certificates of Inspection, Testing or Approval Consent,Written 13.4.4 3.4.2,3.14.2,4.1.2, 9.8.5,9.9.1,9.10.2,9.10.3, 13.2, Certificates of Insurance 15.4.4.2 9.10.2 Consolidation or Joinder — Change Orders 15.4.4 1.1.1, 3.4.2,3.7.4,3.8.2.3. 3.11,3.12.8,4.2.8,5.2.3, CONSTRUCTION BY OWNER OR BY 7.1.2,7.1.3, 7.2, 7.3.2, 7.3.7, 7.3.9,7.3.10, 8.3.1, SEPARATE CONTRACTORS _ 9.31.1,9.10.3,10.3.2, 11.2 11.5, 12.1.2 1.1.4,6 Change Orders,Definition of Construction Change Directive,Definition of 7.2.1 7.3.1 CHANGES IN THE WORK Construction Change Directives — 2.22,3.11, 4.2.8, 7, 7.2.1, 7.3.1,7.4, 8.3.1,9.3.1.1, 1.1.1,3.4.2,3.11,3.12.8,4.2.8,7.1.1,7.1.2,7.1.3, 11,5 7.3, 9.3.1.1 Claims, Definition of Construction Schedules,Contractor's 15.1.1 3.10,3.11,3.12.1,3.12.2,6.1.3, 15.1.6.2 Claims,Notice of Contingent Assignment of Subcontracts 1.6.2, 15.1.3 5.4, 14.2.2.2 CLAIMS AND DISPUTES Continuing Contract Performance `• 3.2.4,6.1.1;6.3, 7.3.9 9.3.3 9.10.4, 10.3.3, 15, 15.4 15.1.4 Claims and Timely Assertion of Claims Contract,Definition of 1 5.4.1 1.1.2 Claims for Additional Cost CONTRACT,TERMINATION OR SUSPENSION 3,2.4, 3.3.1,3.7.4,7.3.9, 9.5.2, 10.2.5, 10.3.2, 15.1.5 OF THE Claims for Additional Time 5.4.1.1,5.4.2, 11.5, 14 3.2.4,3.3.1,3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, 15.1.6 Contract Administration Concealed or Unknown Conditions,Claims for 3.1.3,4,9.4,9.5 3.7.4 Contract Award and Execution,Conditions Relating Claims for Damages to 3.2:4,3.18, 8.3.3,9.5.1, 9.6.7, 10.2.5, 10.3.3, 11.3, 3.7.1,3.10, 5.2, 6.1 11.3.2, 14.2.4. 15.1.7 Contract Documents,Copies Furnished and Use of Claims Subject to Arbitration 1.5.2,2.3.6,5.3 15.4.1 Contract Documents,Definition of Cleaning Up 1.1.1 3.15, 6.3 Contract Sum Commencement of the Work, Conditions Relating to 2.2.2,2.2.4,3.7.4,3.7.5,3.8,3.10.2,5.2.3,7.3, 7.4, — 2.2.1,3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1,5.2.3, 9.1,9.2,9.4.2, 9.5.1.4,9.6.7,9.7, 10.3.2, 11.5, 12.1.2, 6.2.2, 8.1.2; 8.2.2, 8.3.1, 1 1.1, 11.2, 15.1.5 12.3, 14.2.4, 14.3.2, 15.1.4.2, 15.1.5, 15.2.5 Commencement of the Work,Definition of Contract Sum,Definition of 8.1.2 9.1 Communications Contract Time 3.9.1,4.2.4 1.1.4,2.2.1,2.2.2,3.7.4,3.7.5, 3.10.2, 5.2.3, 6.1.5, Completion, Conditions Relating to 7.2.1.3,7.3.1,7.3.5,7.3.6, 7, 7, 7.3.10,7.4, 8.1.1, 3.4.1 3.11 3.15 4.2.2 4.2.9 8.2 9.4.2 9.8 9.9.1 8.2.1, 8.2.3, 8.3.1,9.5.1,9.7, 10.3.2, 12.1.1, 12.1.2, 9.10, 12.2, 14.1.2, 15.1.2 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5 COMPLETION,PAYMENTS AND Contract Time,Definition of 9 8.1.1 Completion, Substantial CONTRACTOR 3.10.1. 4.2.9, 8.1.1, 8.1.3, 8.2.3,9.4.2,9.8,9.9.1, 3 9.10.3. 12.2; 15.1.2 Contractor,Definition of _ Compliance with Laws 3.1, 6.1.2 2.3.2,3.2.3, 3.6,3.7,3.12.10, 3.13,9.6.4, 10.2.2, Contractor's Construction and Submittal Schedules 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 3.10,3.12.1,3.12.2,4.2.3, 6.1.3, 15.1.6.2 15.2.8, 15.4.2, 15.4.3 Contractor's Employees -+( Concealed or Unknown Conditions IInit. AlA Document A201 T"-2017.Copyright©1911,1915, 1918,1925,1937,1951,1958, 1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA,Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA<' Document,or any portion of it,may result in severe civil and criminal penalties,and will be 3 7 / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) 1 lur 2.2.4,3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, Damage to the Work 10.2, 10.3, 11.3, 14.1, 14.2.1.1 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Contractor's Liability Insurance Damages,Claims for 11.1 3.2.4,3.18, 6.1.1, 8.3.3,9.5.1,9.6.7, 10.3.3, 11.3.2, Contractor's Relationship with Separate Contractors 11.3, 14.2.4, 15.1.7 and Owner's Forces Damages for Delay 3.12.5, 3.14.2,4.2.4,6, 11.3, 12.2.4 6.2.3, 8.3.3,9.5.1.6,9.7, 10.3.2, 14.3.2 _ Contractor's Relationship with Subcontractors Date of Commencement of the Work,Definition of 1.2.2,2.2.4,3.3.2,3.18.1, 3.18.2,4.2.4,5,9.6.2, 8.1.2 9.6.7 9.10.2 11.2 11.3, 11.4 Date of Substantial Completion,Definition of , , , Contractor's Relationship with the Architect 8.1.3 1.1.2, 1.5,2.3.3,3.1.3, 3.2.2,3.2.3,3.2.4,3.3.1,3.4.2, Day,Definition of 3.51,3.7.4,3.10,3.11,3.12,3.16,3.18,4.2, 5.2, 8.1.4 6.2.2,7, 8.3.1.9.2,9.3, 9.4,9.5,9.7,9.8,9.9, 10.2.6, Decisions of the Architect 103, 11.3, 12, 13.4, 15.1.3, 15.2.1 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,6.3,7.3.4, I Contractor's Representations 7.3.9, 8.1.3,8.3.1,9.2,9.4,9.5.1,9.8.4,9.9.1, 13.4.2, 3.2.1,3.2.2,3.5,3.12.6, 6.2.2. 8.2.1,9.3.3,9.8.2 14.2.2, 14.2.4, 15.1, 15.2 Contractor's Responsibility for Those Performing the Decisions to Withhold Certification Work 9.4.1,9.5,9.7, 14.1.1.3 3.3.2,3.18, 5.3, 6.1.3, 6.2. 9.5.1, 10.2.8 Defective or Nonconforming Work,Acceptance, ' Contractor's Review of Contract Documents Rejection and Correction of 3.2 2.5, 3.5,4.2.6,6.2.3,9.5.1,9.5.3,9.6.6,9.8.2,9.9.3, Contractor's Right to Stop the Work 9.10.4, 12.2.1 2.2.2,9.7 Definitions Contractor's Right to Terminate the Contract 1.1,2.1.1,3.1.1,3.5,3.12.1,3.12.2,3.12.3,4.1.1,5.1, 14.1 6.1.2,7.2.1,7.3.1,8.1,9.1,9.8.1, 15.1.1 Contractor's Submittals Delays and Extensions of Time 3.10,3.11;3.12,4.2.7, 5.2.1, 5.2.3,9.2,9.3,9.8.2, 3.2, 3.7.4,5.2.3,7.2.1,7.3.1,7.4,8.3,9.5.1,9.7, 9.8.3,9.9.1,9.10.2, 9.10.3 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Contractor's Superintendent Digital Data Use and Transmission 3.9. 10.2.6 1.7 Contractor's Supervision and Construction Disputes Procedures 6.3,7.3.9, 15.1, 15.2 1.2.2, 3.3„3.4. 3.12.10,4.2.2,4.2.7, 6.1.3, 6.2.4, Documents and Samples at the Site — 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.4 3.11 Coordination and Correlation Drawings,Definition of 1.2,3.2.1,3.3.1, 3.10, 3.12.6, 6.1.3,6.2.1 1.1.5 Copies Furnished of Drawings and Specifications Drawings and Specifications,Use and Ownership of r` 1.5, 2.3.6, 3.11 3.11 Copyrights Effective Date of Insurance 1.5. 3.17 8.2.2 Correction of Work Emergencies 2.5,3.7.3,9.4.2,9.8.2.9.8.3,9.9.1, 12.1.2, 12.2, 12.3, 10.4, 14.1.1.2, 15.1.5 15.1.3.1, 15.1.3.2, 15.2.1 Employees,Contractor's i Correlation and Intent of the Contract Documents 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 1.2 10.3.3, 11.3, 14.1, 14.2.1.1 Cost,Definition of Equipment,Labor,or Materials 1 7.3.4 1.1.3, 1.1.6,3.4,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, L Costs 4.2.6,4.2.7,5.2.1,6.2.1,7.3.4,9.3.2, 9.3.3,9.5.1.3, 2.5, 3.2.4,3.7.3, 3.8.2,3.15.2, 5.4.2,6.1.1, 6.2.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 i 7.3.3.3, 7.3.4, 7.3.8,7.3.9, 9.10.2, 10.3.2, 10.3.6, Execution and Progress of the Work L 11.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 14 1.1.3, 1.2.1, 1.2.2,2.3.4,2.3.6, 3.1,3.3.1, 3.4.1,3.7.1, Cutting and Patching 3.10.1, 3.12,3.14,4.2,6.2.2,7.1.3,7.3.6, 8.2,9.5.1, 3.14, 6.2.5 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 . Damage to Construction of Owner or Separate Extensions of Time Contractors 3.2.4, 3.7.4,5.2.3,7.2.1,7.3,7.4,9.5.1,9.7, 10.3.2, 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 10.4, 14.3, 15.1.6, 15.2.5 Init. AIA Document A201'm—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The N... American Institute of Architects.All rights reserved.WARNING:This AIA''Document is protected by U.S.Copyright Law and International Treaties. 4 Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties.and will be / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. (3B9ADA5D) .... User Notes: Failure of Payment INSURANCE AND BONDS 9.5.1.3,9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 11 Faulty Work Insurance Companies,Consent to Partial Occupancy _ (Sec Detective or Nonconforming Work) 9.9.1 Final Completion and Final Payment insured loss,Adjustment and Settlement of 4.2.1,4.2.9,9.8.2,9.10, 12.3, 14.2.4, 14.4.3 11.5 Financial Arrangements,Owner's Intent of the Contract Documents — 2.2.1, 13.2.2, 14.1.1.4 1.2.1,4.2.7,4.2.12,4.2.13 GENERAL PROVISIONS Interest 1 13.5 . Governing Law Interpretation 13.1 1.1.8, 1.2.3, 1.4,4.1.1,5.1, 6.1.2, 15.1.1 Guarantees (See Warranty) Interpretations,Written Hazardous Materials and Substances 4.2.11,4.2.12 — 10.2.4, 10.3 Judgment on Final Award Identification of Subcontractors and Suppliers 15.4.2 5.2.1 Labor and Materials,Equipment Indemnification 1.1.3, 1.1.6,3.4,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, 3.17.3.18,9.6.8, 9.10.2, 10.3.3, 11.3 5.2.1,6.2.1, 7.3.4,9.3.2,9.3.3, 9.5.1.3,9.10.2, 10.2.1, Information and Services Required of the Owner 10.2.4, 14.2.1.1, 14.2.1.2 2.1.2,2.2,2.3. 3.2.2, 3.12.10.1,6.1.3,6.1.4, 6.2.5, Labor Disputes """ 9.6.1,9.9.2, 9.10.3, 10.3.3, 11.2,13.4.1, 13.4.2, 8.3.1 14.1.1.4, 14.1.4, 15.1.4 Laws and Regulations Initial Decision 1.5,2.3.2,3.2.3,3.2.4,3.6,3.7,3.12.10,3.13,9.6.4, 15.2 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, Initial Decision Maker,Definition of 15.4 1.1.8 Liens Initial Decision Maker, Decisions 2.1.2,9.3.1,9.3.3,9.6.8,9.10.2,9.10.4, 15.2.8 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Limitations, Statutes of Initial Decision Maker,Extent of Authority 12.2.5, 15.1.2, 15.4.1.1 14.2.4. 15.1.4.2, 15.2.1,15.2.2, 15.2.3, 15.2.4, 15.2.5 Limitations of Liability Injury or Damage to Person or Property 3.2.2,3.5,3.12.10, 3.12.10.1,3.17,3.18.1,4.2.6, 10.2.8, 10.4 4.2.7,6.2.2, 9.4.2, 9.6.4,9.6.7, 9.6.8, 10.2.5, 10.3.3, Inspections 11.3, 12.2.5, 13.3.1 3.1.3,3.3.3,3.7.1,42.2,4.2.6,4.2.9`9.4.2,9.8.3, Limitations of Time i` 99.2,9.10.1, 12.2.1, 13.4 2.1.2,2.2,2.5, 3.2.2,3.10, 3.11,3.12.5,3.15.1,4.2.7, Instructions to Bidders 5.2, 5.3,5.4.1, 6.2.4,7.3,7.4, 8.2, 9.2,9.3.1, 9.3.3, 1.1.1 9.4.1,9.5,9.6, 9.7, 9.8,9.9,9.10, 12.2, 13.4, 14, 15, Instructions to the Contractor 15.1.2, 15.1.3, 15.1.5 3.2.4,3.3.1, 3.8.1,5.2.1, 7, 8.2.2, 12, 13.4.2 Materials, Hazardous Instruments of Service,Definition of 10.2.4, 10.3 1.1.7 Materials,Labor,Equipment and Insurance 1.1.3, 1.1.6,3.4.1,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, 6.1.1, 7.3.48.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 5.2.1, 6.2.1, 7.3.4,9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 11 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Insurance,Notice of Cancellation or Expiration Means,Methods,Techniques, Sequences and 11.1.4, 11.2.3 Procedures of Construction Insurance, Contractor's Liability 3.3.1,3.12.10,4.2.2,4.2.7, 9.4.2 11.1 Mechanic's Lien Insurance,Effective Date of 2.1.2, 9.3.1,9.3.3,9.6.8,9.10.2,9.10.4, 15.2.8 8.2.2,14.4.2 Mediation Insurance, Owner's Liability 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1, — 11.2 15.4.1.1 Insurance,Property Minor Changes in the Work 10.2.5, 11.2, 11.4, 11.5 1.1.1,3.4.2,3.12.8,4.2.8, 7.1, 7.4 Insurance, Stored Materials MISCELLANEOUS PROVISIONS — 9.3.2 13 I nit. AIA Document A201 Tu—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA'Document is protected by U.S.Copyright Law and International Treaties, 4 Unauthorized reproduction or distribution of this MA-'Document,or any portion of it,may result in severe civil and criminal penalties,and will be 5 / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) Modifications,Definition of Separate Contracts 1.1.1 6.1 Modifications to the Contract Owner's Right to Stop the Work 1.1.1, 1.1.2,2.5,3.11,4.1.2,4.2.1,5.2.3,7,8.3.1,9.7, 2.4 10.3.2 Owner's Right to Suspend the Work Mutual Responsibility 14.3 6.2 Owner's Right to Terminate the Contract _ Nonconforming Work,Acceptance of 14.2, 14.4 9.6.6,9.9.3, 12.3 Ownership and Use of Drawings, Specifications and ,— Nonconforming Work,Rejection and Correction of Other Instruments of Service 2.4,2.5,3.5 4.2.6, 6.2.4,9.5.1,9.8.2,9.9.3,9.10.4, 1.1.1, 1.1.6, 1.1.7, 1.5,2.3.6,3.2.2,3.11,3.17,4.2.12, 12.2 5.3 Notice Partial Occupancy or Use 1.6, 1.6.1, 1.6.2,2.1.2,2.2.2., 2.2.3,2.2.4,2.5,3.2.4, 9.6.6,9.9 _ 3.3.1,3.7.4,3.7.5,3.9.2,3.12.9,3.12.10,5.2.1,7.4, Patching,Cutting and 8.2.2 9.6.8.9.7,9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 3.14,6.2.5 13.4.1. 13.4.2. 14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.5, Patents 15.1.6. 15.4.1 3.17 Notice of Cancellation or Expiration of Insurance Payment,Applications for 11.1.4,,11.2.3 4.2.5,7.3.9,9.2,9.3,9.4,9.5,9.6.3,9.7,9.8.5,9.10.1, w Notice of Claims 14.2.3, 14.2.4, 14.4.3 1.6.2,2.1.2,3.7.4,9.6.8, 10.2.8, 15.1.3, 15.1.5, Payment,Certificates for 15.1,6. 15.2.8, 15.3.2, 15.4.1 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7,9.10.1, Notice of Testing and Inspections 9.10.3, 14.1.1.3, 14.2.4 13.4.1, 13.4.2 Payment,Failure of Observations, Contractor's 9.5.1.3,9.7,9.10.2, 13.5, 14.1.1.3, 14.2.1.2 3.2,3.7.4 Payment,Final ..-- Occupancy 4.2.1,4.2.9,9.10, 12.3, 14.2.4, 14.4.3 2.3.1.9.6.6,9.8 Payment Bond,Performance Bond and Orders.Written 7.3.4.4,9.6.7,9.10.3, 11.1.2 1.1.1,2,4,3.9.2, 7. 8.2.2,,11.5. 12.1, 12.2.2.1, 13.4.2, Payments,Progress 14.3.1 9.3,9.6,9.8.5,9.10.3, 14.2.3, 15.1.4 OWNER PAYMENTS AND COMPLETION 2 9 ~ Owner,Definition of Payments to Subcontractors — 2.1.1 5.4.2,9.5.1.3,9.6.2,9.6.3,9.6.4,9.6.7, 14.2.1.2 Owner,Evidence of Financial Arrangements PCB 4- 2.2, 13.2.2, 14.1.1.4 10.3.1 Owner,Information and Services Required of the Performance Bond and Payment Bond ; 2.1.2,2.2, 2.3, 3.2.2,3.12.10. 6.1.3, 6.1.4,6.2.5, 7.3.4.4,9.6.7,9.10.3, 11.1.2 9.3.2,9.6.1.9.6.4, 9.9.2,9.10.3, 10.3.3, 11.2, 13.4.1, Permits,Fees,Notices and Compliance with Laws _ 13.4.2. 14.1.1.4, 14.1.4, 15.1.4 2.3.1,3.7,3.13,7.3.4.4, 10.2.2 Owner's Authority PERSONS AND PROPERTY,PROTECTION OF } 1.5,2.L 1,2.332.4,2.5,3.4.2, 3.8.1,3.12.10,314.2, 10 L.„ 4.1.2,4.2.4,4.2.9, 5.2.1, 5.2.4,5.4.1, 6.1, 6.3,7.2.1, Polychlorinated Biphenyl 7.3.1, 8.2.2,8.3.1,9.3.2,9.5.1,9.6.4, 9.9.1,9.10.2, 10.3.1 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, Product Data,Definition of i 15.2.7 3.12.2 Owner's Insurance Product Data and Samples,Shop Drawings 11.2 3.11,3.12,4.2.7 Owner's Relationship with Subcontractors Progress and Completion 1.1.2, 5.2, 5.3. 5.4, 9.6.4,9.10.2, 14.2.2 4.2.2, 8.2,9.8, 9.9.1, 14.1.4, 15.1.4 Owner's Right to Carry Out the Work Progress Payments 2.5, 14.2.2 9.3,9.6,9.8.5,9.10.3, 14.2.3, 15.1.4 Owner's Right to Clean Up Project,Definition of 6.3 1.1.4 Owner's Right to Perform Construction and to Award Project Representatives AIA Document A201 TM-2017,Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AlA6' Document is protected by U.S.Copyright Law and International Treaties. 6 Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. (3B9ADA5D) User Notes: I ... 4.2.10 6.1.1 Property Insurance Shop Drawings,Definition of 10.2.5, 11.2 3.12.1 Proposal Requirements Shop Drawings,Product Data and Samples 1.1.1 3.11,3.12,4.2.7 PROTECTION OF PERSONS AND PROPERTY Site,Use of 10 3.13, 6.1.1,6.2.1 — Regulations and Laws Site Inspections 1.5,2.3.2,3.2.3,3.6, 3.7,3.12.10, 3.13,9.6.4,9.9.1, 3.2.2,3.3.3,3.7.1,3.7.4,4.2,9.9.2,9.4.2, 9.10.1, 13.4 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14, 152.8, Site Visits,Architect's 15.4 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1,9.9.2,9.10.1, 13.4 Rejection of Work Special Inspections and Testing 4.2.6, 12.2. 4.2.6, 12.2.1, 13.4 Releases and Waivers of Liens Specifications,Definition of 9.3.1,9.10.2 1.1.6 Representations Specifications 3.2.1, 3.5�, 3.12.6, 8.2.1.9.3.3. 9.42, 9.5.1, 9.10.1 1.1.1, 1.1.6, 1.2.2, 1.5,3.12.10,3.17,4.2.14 Representatives Statute of Limitations 2.1.1, 3.1;1, 3.9,4.1.1,4.2.10,;13.2.1 15.1.2, 15.4.1.1 Responsibility for Those Performing the Work Stopping the Work 3.3.23.18,4.2.2,4.2.3;5.36.1.36.26.39.5.110 2.2.2,2.4,9.7, 10.3, 14.1 Retainage Stored Materials 9.3.1, 9.6.2, 9.8.5,9.9.1,9.10.2, 9.1 0.3 6.2.1,9.3.2, 10.2.1.2, 10.2.4 Review of Contract Documents and Field Conditions Subcontractor,Definition of by Contractor 5.1.1 — 3.2 3.12.7. 6.1.3 SUBCONTRACTORS Review of Contractor's Submittals by Owner and 5 Architect Subcontractors,Work by — 3.101, 3.10.2, 3.11, 3.12 4.2,5.2,6.1.3,9.2,9.8.2 1.2.2,3.3.2,3.12.1,3.18,4.2.3,5.2.3,5.3, 5.4, Review of Shop Drawings,Product Data and 9.3.1.2,9.6.7 Samples by Contractor Subcontractual Relations ,� 3.12 5.3, 5.4,9.3.1.2,9.6,9.10, 10.2.1, 14.1, 14.2.1 Rights and Remedies Submittals 1.1.2,2.4,2.5. 3.5. 3.7.4,3.15.2,4.2.6,5.3,5.4,6.1, 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.4, 9.2,9.3, 6.3. 7.3.1, 8.3. 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 9.8, 9.9.1,9.10.2,9.10.3 122.4, 13.3, 14,,15.4 Submittal Schedule Royalties,Patents and Copyrights 3.10.2,3.12.5,4.2.7 3.17' Subrogation,Waivers of Rules and Notices for Arbitration 6.1.1, 11.3 15.4.1 Substances, Hazardous Safety of Persons and Property 10.3 10.2, 10.4 Substantial Completion �. Safety Precautions and Programs 4.2.9, 8.1.1, 8.1.3, 8.2.3,9.4.2,9.8,9.9.1, 9.10.3, 3.3.1 4.2.2 4.2.7 5.3 10.1 10.2 10.4 12.2, 15.1.2 Samples,Definition of Substantial Completion,Definition of 3.12.3 9.8.1 Samples, Shop Drawings,Product Data and Substitution of Subcontractors 3.11, 3.12,4.2.7 5.2.3, 5.2.4 Samples at the Site,Documents and Substitution of Architect 3.11 2.3.3 Schedule of Values Substitutions of Materials 9.2.9.3.1 3.4.2,3.5, 7.3.8 Schedules,Construction Sub-subcontractor,Definition of 3.10,3.12.1, 3.12.2, 6.1.3, 15.1.6.2 5.1.2 Separate Contracts and Contractors Subsurface Conditions 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7,6, 8.3.1, 12.1.2 3.7.4 mitil Separate Contractors,Definition of Successors and Assigns Init. AlA Document A201 T"-2017.Copyright©1911,1915, 1918,1925,1937,1951,1958, 1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA5 Document is protected by U.S.Copyright Law and International Treaties, 7 Unauthorized reproduction or distribution of this AIA" Document,or any portion of it,may result in severe civil and criminal penalties,and will be 'a{ / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) 1 4. 13.2 2.1.2,2.2,2.5, 3.2.2,3.10, 3.11,3.12.5,3.15.1,4.2, Superintendent 5.2,5.3,5.4, 6.2.4,7.3,7.4,8.2,9.2,9.3.1,9.3.3, 3.9, 10.2.6 9.4.1,9.5,9.6,9.7,9.8,9.9,9.10, 12.2, 13.4, 14, Supervision and Construction Procedures 15.1.2, 15.1.3, 15.4 1.2.2,3.3,3.4, 3.12.10,4.2.2,4.2.7,6.1.3,6.2.4, Time Limits on Claims 7.1.3, 7.3.4,8.2,8.3.1,9.4.2, 10, 12, 14, 15.1.4 3.7.4, 10.2.8, 15.1.2, 15.1.3 Suppliers Title to Work __ 1.5, 3.12.1,4.2.4,4.2.6,5.2.1,9.3,9.4.2,9.5.4,9.6, 9.3.2,9.3.3 9.10.5, 14.2.1 UNCOVERING AND CORRECTION OF WORK Surety 12 5.4.1.2,9.6.8,9.8.5, 9.10.2 9.10.3, 11.1.2, 14.2.2, Uncovering of Work 15.2.7 12.1 Surety,Consent of Unforeseen Conditions,Concealed or Unknown — 9.85,9.10.2, 9.10.3» 3.7.4, 8.3.1, 10.3 Surveys Unit Prices 1.1.72.3.4 7.3.3.2,9.1.2 _ Suspension by the Owner for Convenience Use of Documents 14.3 1.1.1, 1.5,2.3.6,3.12.6,5.3 Suspension of the Work Use of Site 3.7.5, 5.4.2, 14.3 3.13, 6.1.1, 6.2.1 `" Suspension or Termination of the Contract Values, Schedule of 5.4.1.1 14 9.2,9.3.1 Taxes Waiver of Claims by the Architect 3.6, 3.8.2.1, 7.3.4.4 13.3.2 Termination by the Contractor Waiver of Claims by the Contractor 14.1, 15.1.7 9.10.5, 13.3.2, 15.1.7 Termination by the Owner for Cause Waiver of Claims by the Owner 5.4.1.1, 14.2, 15.1.7 9.9.3,9.10.3,9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7 Termination by the Owner for Convenience Waiver of Consequential Damages 14.4 14.2.4, 15.1.7 Termination of the Architect Waiver of Liens 2.3.3 9.3, 9.10.2,9.10.4 Termination of the Contractor Employment Waivers of Subrogation 14.2.2 6.1.1, 11.3 '— Warranty TERMINATION OR SUSPENSION OF THE 3.5,4.2.9,9.3.3,9.8.4,9.9.1,9.10.2,9.10.4, 12.2.2, CONTRACT 15.1.2 14 Weather Delays Tests and Inspections 8.3, 15.1.6.2 ; 3.1.3,3.3.3,3.7.1,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3, Work,Definition of 992,9.10.1, 10.3.2, 12.2.1, 13.4 1.1.3 TIME Written Consent 8 1.5.2,3.4.2,3.7.4,3.12.8,3.14.2,4.1.2,9.3.2,9.10.3, Time,Delays and Extensions of 13.2, 13.3.2, 15.4.4.2 3.2.4,3.7.4 5.2.3,7.2.1,7.3.1,7.4, 8.3,9.5.1,9.7, Written Interpretations 10.3.2, 10.4, 14.32, 15.1.6, 15.2.5 4.2.11,4.2.12 , Time Limits Written Orders 1.1.1,2.4,3.9, 7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1 i. L .. AIA Document A201 TM—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The !_ Init. American Institute of Architects.All rights reserved.WARNING:This AlA° Document is protected by U,S.Copyright Law and International Treaties. 8 Unauthorized reproduction or distribution of this AIA5 Document,or any portion of it,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) L ARTICLE 1 GENERAL PROVISIONS §1.1 Basic Definitions §1.1.1 The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contractor(hereinafter the Agreement)and consist of the Agreement,Conditions of the Contract(General, Supplementary and other Conditions),Drawings,Specifications,Addenda issued prior to execution of the Contract,other documents listed in the Agreement,and Modifications issued after execution of the Contract.A Modification is(1)a written amendment to the Contract signed by both parties,(2)a Change Order,(3)a Construction Change Directive,or(4)a written order for a minor change in the Work issued by the Architect.Unless specifically enumerated in the Agreement,the Contract Documents do not include the advertisement or invitation to bid,Instructions to Bidders,sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals,the Contractor's bid or proposal, or portions of Addenda relating to bidding or proposal requirements. §1.1.2 The Contract The Contract Documents fouu the Contract for Construction.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations,or agreements,either ,rk written or oral. The Contract may be amended or modified only by a Modification.The Contract Documents shall not be construed to create a contractual relationship of any kind(1)between the Contractor and the Architect or the Architect's consultants, (2)between the Owner and a Subcontractor or a Sub-subcontractor,(3)between the Owner and the Architect or the Architect's consultants,or(4)between any persons or entities other than the Owner and the Contractor. The Architect shall,however,be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. §1.1.3 The Work The term"Work"means the construction and services required by the Contract Documents,whether completed or partially completed, and includes all other labor,materials,equipment,and services provided or to be provided by the Contractor to fulfill the Contractor's obligations.The Work may constitute the whole or a part of the Project. §1.1.4 The Project The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by Separate Contractors. §1.1.5 The Drawings The Drawings are the graphic and pictorial portions of the Contract Documents showing the design,location and dimensions of the Work, generally including plans,elevations,sections,details, schedules,and diagrams. §1.1.6 The Specifications •.' The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment,systems,standards and workmanship for the Work,and performance of related services. §1.1.7 Instruments of Service Instruments of Service are representations,in any medium of expression now known or later developed,of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements. Instruments of Service may include,without limitation,studies, surveys,models;sketches,drawings,specifications,and other similar materials. §1.1.8 Initial Decision Maker The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2.The Initial Decision Maker shall not show partiality to the Owner or Contractor and shall not be liable for results of interpretations or decisions rendered in good faith. §1.2 Correlation and Intent of the Contract Documents §1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary,and what is required by one shall be as binding as if required by all;performance by the Contractor shall be required only to the extent OEN Init. AIA Document A201 TM—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA6 Document is protected by U.S.Copyright Law and International Treaties, 9 Unauthorized reproduction or distribution of this AIA"Document,or any portion of it,may result in severe civil and criminal penalties,and will be "at / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. §'1.2.1.1 The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions.If it is determined that any provision of the Contract Documents violates any law,or is otherwise invalid or unenforceable,then that provision shall be revised to the extent necessary to make that provision legal and enforceable.In such case the Contract Documents shall be construed,to the fullest extent permitted by law,to give effect to the parties' intentions and purposes in executing the Contract. §1.2.2 Organization of the Specifications into divisions,sections and articles,and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade: §'1.2.3 Unless otherwise stated in the Contract Documents,words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. §1.3 Capitalization Terms capitalized in these General Conditions include those that are(1)specifically defined,(2)the titles of -- numbered articles,or(3)the titles of other documents published by the American Institute of Architects. §1.4 Interpretation in the interest,of brevity the Contract Documents frequently omit modifying words such as"all"and"any"and articles such as the and"an,"but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. §1.5Ownership and Use of Drawings,Specifications,and Other Instruments of Service §1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications,and retain all common law,statutory,and other reserved rights in their Instruments of Service,including copyrights.The Contractor, Subcontractors,Sub- subcontractors, and suppliers shall not own or claim a copyright in the Instruments of Service. Submittal 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 the Architect's or Architect's consultants' reserved rights.§1.5.2 The Contractor, Subcontractors. Sub-subcontractors,and suppliers are authorized to use and reproduce the Instruments of Service provided to them,subject to any protocols established pursuant to Sections 1.7 and 1.8,solely and exclusively for execution of the Work.All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service.The Contractor,Subcontractors,Sub-subcontractors,and suppliers may %.a not use the Instruments of Service on other projects or for additions to the Project outside the scope of the Work without the specific written consent of the Owner,Architect,and the Architect's consultants. §1.6 Notice '" §1.6.1 Except as otherwise provided in Section 1.6.2,where the Contract Documents require one party to notify or give notice to the other party, such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person,by mail,by courier,or by electronic transmission if a method for electronic transmission is set forth in the Agreement. §1.6.2 Notice of Claims as provided in Section 15.1.3 shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the party to whom the notice is addressed by �•. certified or registered mail,or by courier providing proof of delivery. §1.7 Digital Data Use and Transmission The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form.The parties will use AIA Document E203T`_2013,Building Information Modeling and Digital Data Exhibit,to establish the protocols for the development,use,transmission, and exchange of digital data. AIA Document A201 TM—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA'Document is protected by U.S.Copyright Law and International Treaties. 10 Unauthorized reproduction or distribution of this AIA,' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) §1.8 Building Information Models Use and Reliance Any use of,or reliance on,all or a portion of a building information model without agreement to protocols governing the use of,and reliance on,the information contained in the model and without having those protocols set forth in AA Document E203TM-2013,Building Information Modeling and Digital Data Exhibit,and the requisite ATA'Document G202TM-2013,Project Building Information Modeling Protocol Form,shall be at the using or relying parry's sole risk and without liability to the other party and its contractors or consultants,the authors of,or contributors to,the building information model,and each of their agents and employees. ARTICLE 2 OWNER §2.1 General §2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1,the Architect does not have such authority.The term"Owner"means — the Owner or the Owner's authorized representative. §2.1.2 The Ownershall furnish to the Contractor,within fifteen days after receipt of a written request,information necessary and relevant for the Contractor to evaluate,give notice of,or enforce mechanic's lien rights. Such 1 information shall include a correct statement of the record legal title to the property on which the Project is located, usually i efen-ed to as the site, and the Owner's interest therein. §2.2 Evidence of the Owner's Financial Arrangements §'2.2.1 Prior to commencement of the Work and upon written request by the Contractor,the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract:The Contractor shall have no obligation to commence the Work until the Owner provides,such evidence.If commencement of the Work is delayed under this Section 2.2.1,the Contract Time shall be extended appropriately. ' — §2.2.2 Following commencement of the Work and upon written request by the Contractor,the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract only if(1)the Owner fails to make payments to the Contractor as the Contract Documents require; (2)the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due; or(3)a change in the Work materially changes the Contract Sum.If the Owner fails to provide such evidence, as required,within fourteen days of the Contractor's request,the Contractor may immediately stop the Work and,in that event,shall notify the Owner that the Work has stopped.However,if the ... request is made because a change in the Work materially changes the Contract Sum under(3)above,the Contractor may immediately stop only that portion of the Work affected by the change until reasonable evidence is provided.If the Work is stopped under'this Section 2.2.2,the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown,delay and start-up,plus interest as provided in the Contract Documents. §2.2.3 After the Owner furnishes evidence of financial arrangements under this Section 2.2,the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. §2.2.4 Where'the Owner has designated information furnished under this Section 2.2 as"confidential,"the Contractor shall keep the information confidential and shall not disclose it to any other person.However,the Contractor may disclose"confidential"information,after seven(7)days'notice to the Owner,where disclosure is required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or by court or arbitrator(s)order.The Contractor may also disclose"confidential"information to its �. employees,consultants,sureties,Subcontractors and their employees,Sub-subcontractors,and others who need to know the content of such information solely and exclusively for the Project and who agree to maintain the confidentiality of such information. §2.3 Information and Services Required of the Owner §2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1,the Owner shall secure and pay for necessary approvals,easements, AIA Document A201 TM-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AlA5' Document is protected by U.S.Copyright Law and International Treaties, 11 Unauthorized reproduction or distribution of this AIA" Document,or any portion of it,may result in severe civil and criminal penalties.and will be f prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. (389ADASD) User Notes: assessments and charges required for construction,use or occupancy of permanent structures or for permanent changes in existing facilities. §2.3.2 The Owner shall retain an architect lawfully licensed to practice architecture,or an entity lawfully practicing _ architecture,in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. §2.3.3 If the employment of the Architect terminates,the Owner shall employ a successor to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. §2.3.4 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the .r Work. §2.3.5 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. §2.3.6 Unless otherwise provided in the Contract Documents,the Owner shall furnish to the Contractor one copy of ... the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. §2.4 Owner's Right to Stop the Work Tf the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents,the Owner may issue a written order to the Contractor to stop the Work,or any portion thereof,until the cause for such order has been eliminated;however,the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity,except to the extent required by Section 6.1.3. §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 ten-day period after receipt of 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 default or neglect. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may,pursuant to Section 9.5.1,withhold or nullify a Certificate for Payment in whole or in part,to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies:including Owner's expenses and compensation for the Architect's additional services made necessary by such default,neglect,or failure.If current and future payments are not sufficient to cover such amounts,the Contractor shall pay the difference to the Owner. If the Contractor disagrees with the actions of the Owner or the Architect,or the amounts claimed as costs to the Owner,the Contractor may file a Claim pursuant to Article 15. ARTICLE 3 CONTRACTOR §3.1 General §3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed,if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term"Contractor"means the Contractor or the Contractor's authorized representative. 1 a §3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. .� §3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, ... inspections or approvals required or performed by persons or entities other than the Contractor. Init. AIA Document A201 TM—2017.Copyright©1911,1915, 1918,1925,1937,1951,1958, 1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The ►.. American Institute of Architects.All rights reserved.WARNING:This AIA;, Document is1 protected by U,S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Altl Document,or any portion of it,may result in severe civil and criminal penalties,and will be 12 prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) :.. §3.2 Review of Contract Documents and Field Conditions by Contractor §3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed,and correlated personal observations with requirements of the Contract Documents. §3.2.2 Because the Contract Documents are complementary,the Contractor shall,before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work,as well as the information furnished by the Owner pursuant to Section 2.3.4,shall take field measurements of any existing conditions related to that portion of the Work,and shall observe any conditions at the site affecting it.These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors,omissions,or inconsistencies in the Contract Documents;however,the Contractor shall promptly report to the Architect any errors,inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require.It is recognized that the �► Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. §3.2,3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities,but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. §3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3,the Contractor shall submit Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3,the Contractor shall pay such costs and damages to the Owner,subject to Section 15.1.7, as would have been avoided if the Contractor had performed such obligations.If the Contractor performs those obligations;the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents,for differences between field measurements or conditions and the Contract Documents,or for nonconformities of the Contract Documents to applicable laws,statutes, ordinances, codes,rules and regulations,and lawful orders of public authorities. §3.3 Supervision and Construction Procedures §3.3.1 The.Contractor shall supervise and direct the Work,using the Contractor's best skill and attention.The Contractor shall be solely responsible for, and have control over,construction means,methods,techniques, .. '' sequences,and procedures,and for coordinating all portions of the Work under the Contract.If the Contract Documents give specific instructions concerning construction means,methods,techniques,sequences,or procedures,the Contractor shall evaluate the jobsite safety thereof and shall be solely responsible for the jobsite safety of such means,methods,techniques,sequences,or procedures.If the Contractor determines that such means, methods,techniques,sequences or procedures may not be safe,the Contractor shall give timely notice to the Owner and Architect,and shall propose alternative means,methods,techniques,sequences,or procedures.The Architect shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction. Unless the Architect objects to the Contractor's proposed alternative,the Contractor shall perform the Work using its alternative means,methods,techniques,sequences,or procedures. §3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees,and other persons or entities performing portions of the Work for,or on behalf of,the Contractor or any of its Subcontractors. �.. §3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. §3.4 Labor and Materials §3.4.1 Unless otherwise provided in the Contract Documents,the Contractor shall provide and pay for labor, materials,equipment,tools,construction equipment and machinery,water,heat,utilities,transportation,and other facilities and services necessary for proper execution and completion of the Work,whether temporary or permanent ..� and whether or not incorporated or to be incorporated in the Work. AIA Document A201 TM—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties. 13 Unauthorized reproduction or distribution of this AlAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be `ai / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. 1 User Notes: (3B9ADA5D) §3.4.2 Except in the case of minor changes in the Work approved by the Architect in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section 7.4,the Contractor may make substitutions only with the consent of the Owner,after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. §3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other ... persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. §3.5 Warranty §3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise.The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be ... free from defects,except for those inherent in the quality of the Work the Contract Documents require or permit. Work.materials,or equipment not conforming to these requirements may be considered defective.The Contractor's warranty excludes remedy for damage or defect caused by abuse,alterations to the Work not executed by the Contractor,improper or insufficient maintenance,improper operation,or normal wear and tear and normal usage.If required by the Architect,the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. §3.5.2 All material, equipment, or other special warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner,and shall commence in accordance with Section 9.8.4. §3.6 Taxes The Contractor shall pay sales, consumer,use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded,whether or not yet effective or merely scheduled to go into effect. §3.7>Permits,Fees,Notices and Compliance with Laws §3.7.1 Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for the building permit as well as for other permits, fees,licenses,and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. §3.7.2 The Contractor shall comply with and give notices required by applicable laws,statutes,ordinances,codes, rules and regulations,and lawful orders of public authorities applicable to performance of the Work. §3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws,statutes,ordinances,codes, rules and regulations.or lawful orders of public authorities,the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. §3.7.4 Concealed or Unknown Conditions If the Contractor encounters conditions at the site that are(1)subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or(2)unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents,the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 14 days after first observance of the conditions. The Architect will promptly investigate such conditions and,if the Architect determines that they differ materially and cause an increase or decrease in the Contractor's cost of,or time required for,performance of any part of the Work,will recommend that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified,the Architect __ shall promptly notify the Owner and Contractor, stating the reasons. If either party disputes the Architect's determination or recommendation,that party may submit a Claim as provided in Article 15. Init. AIA Document A201 TM-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The L.. American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.B.Copyright Law and International Treaties. 14 Unauthorized reproduction or distribution of this AIA" Document,or any portion of it,may result in severe civil and criminal penalties,and will be _ prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) —" §3.7.5 If,in the course of the Work,the Contractor encounters human remains or recognizes the existence of burial markers,archaeological sites or wetlands not indicated in the Contract Documents,the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect.Upon receipt of such notice,the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. §3.8 Allowances §3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents.Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. §3.8.2 Unless otherwise provided in the Contract Documents, .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes,less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site,labor,installation costs,overhead,profit,and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 whenever costs are more than or less than allowances,the Contract Sum shall be adjusted accordingly by Change Order:The amount of the Change Order shall reflect(1)the difference between actual costs and the allowances under Section 3.8.2.1 and(2)changes in Contractor's costs under Section 3.8.2.2. §3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. §3.9 Superintendent §3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor,and communications given to the superintendent shall be as binding as if given to the Contractor. §3.9.2 The Contractor, as soon as practicable after award of the Contract,shall notify the Owner and Architect of the name and qualifications of a proposed superintendent.Within 14 days of receipt of the information,the Architect may notify the Contractor,stating whether the Owner or the Architect(1)has reasonable objection to the proposed superintendent or(2)requires additional time for review.Failure of the Architect to provide notice within the 14-day period shall constitute notice of no treasonable objection. §3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. §3.10 Contractor's Construction and Submittal Schedules §3.10.1 The Contractor,promptly after being awarded the Contract,shall submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall contain detail appropriate for the Project,including(1)the date of commencement of the Work,interim schedule milestone dates,and the date of Substantial Completion; (2)an apportionment of the Work by construction activity;and(3)the time required for completion of each portion of the Work. The schedule shall provide for the orderly progression of the Work to - completion and shall not exceed time limits current under the Contract Documents.The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project. §3.10.2 The Contractor,promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule,shall submit a submittal schedule for the Architect's approval. The Architect's approval shall not be unreasonably delayed or withheld.The submittal schedule shall(1)be coordinated with the Contractor's construction schedule,and(2)allow the Architect reasonable time to review submittals. if the Contractor fails to — submit a submittal schedule,or tails to provide submittals in accordance with the approved submittal schedule,the I nit. AIA Document A201 TM-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA(' Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'Document,or any portion of it,may result in severe civil and criminal penalties.and will be 15 prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. §3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. §3.11 Documents and Samples at the Site The Contractor shall make available,at the Project site,the Contract Documents,including Change Orders, Construction Change Directives,and other Modifications,in good order and marked currently to indicate field ..- changes and selections made during construction,and the approved Shop Drawings,Product Data,Samples,and similar required submittals. These shall be in electronic form or paper copy,available to the Architect and Owner, and delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. §3.12 Shop Drawings,Product Data and Samples §3.,12.1 Shop Drawings are drawings,diagrams,schedules,and other data specially prepared for the Work by theOEM Contractor'or a Subcontractor Sub-subcontractor,manufacturer,supplier,or distributor to illustrate some portion of the Work; §3.12.2 Product Data are illustrations,standard schedules,performance charts, instructions,brochures,diagrams, and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. §3.12.3 Samples are physical examples that illustrate materials,equipment,or workmanship,and establish standards by which the Work will be judged. §3.12.4 Shop Drawings,Product Data,Samples,and similar submittals are not Contract Documents.Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7.Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. §3.12.5 The Contractor shall review for compliance with the Contract Documents,approve,and submit to the Architect, Shop Drawings,Product Data, Samples,and similar submittals required by the Contract Documents,in �- accordance with the submittal schedule approved by the Architect or,in the absence of an approved submittal schedule,with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors. �.. §3.12.6 By submitting Shop Drawings,Product Data,Samples,and similar submittals,the Contractor represents to the Owner and Architect that the Contractor has(1)reviewed and approved them,(2)determined and verified materials,field measurements and field construction criteria related thereto,or will do so,and(3)checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. §3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings,Product Data, Samples,or similar submittals,until the respective submittal has been approved by the Architect. §3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples,or similar submittals,unless the Contractor has specifically notified the Architect r.. of such deviation at the time of submittal and(1)the Architect has given written approval to the specific deviation as a minor change in the Work,or(2)a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples,or similar submittals,by the Architect's approval thereof. AIA Document A201 TM-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA'Document is protected by U.B.Copyright Law and International Treaties. 16 Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be -— prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. (369ADA5D) L' User Notes: §3.12.9 The Contractor shall direct specific attention,in writing or on resubmitted Shop Drawings,Product Data, Samples,or similar submittals,to revisions other than those requested by the Architect on previous submittals. In the absence of such notice,the Architect's approval of a resubmission shall not apply to such revisions. §3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's --r responsibilities for construction means,methods,techniques,sequences,and procedures.The Contractor shall not be required to provide professional services in violation of applicable law. §3.12.10.1 If professional design services or certifications by a design professional related to systems,materials,or equipment are specifically required of the Contractor by the Contract Documents,the Owner and the Architect will specify all performance and design criteria that such services must satisfy.The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents.The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional,whose signature and seal shall appear on all drawings,calculations,specifications, certifications,Shop Drawings, and other submittals prepared by such professional. Shop Drawings,and other submittals related to the Work, designed or certified by such professional,if prepared by others,shall bear such professional's written approval when submitted to the Architect.The Owner and the Architect shall be entitled to rely upon the adequacy and accuracy of the services,certifications,and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor the performance and design criteria that such services must satisfy.Pursuant to this Section 3.12.10,the Architect will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. §3.12.10.2 If the Contract Documents require the Contractor's design professional to certify that the Work has been performed in accordance with the design criteria,the Contractor shall furnish such certifications to the Architect at the time and in the form specified by the Architect. §3.13 Use of Site The Contractor shall confine operations at the site to areas permitted by applicable laws,statutes, ordinances,codes, rules and regulations.lawful orders of public authorities,and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. §3.14 Cutting and Patching ..� §3.14.1 The Contractor shall be responsible for cutting,fitting,or patching required to complete the Work or to make its parts fit together properly.All areas requiring cutting,fitting,or patching shall be restored to the condition existing prior to the cutting,fitting,or patching,unless otherwise required by the Contract Documents. §3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or Separate Contractors by cutting,patching,or otherwise altering such construction,or by excavation. The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with written consent of the Owner and of the Separate Contractor.Consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold,from the Owner or a Separate Contractor,its consent to cutting or othcnvise altering the Work. §3.15 Cleaning Up §3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract.At completion of the Work,the Contractor shall remove waste materials,rubbish,the Contractor's tools,construction equipment,machinery,and surplus materials from and about the Project. §3.15.2 If the Contractor fails to clean up as provided in the Contract Documents,the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor. I nit. AIA Document A201 TM-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties. 7 Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) §3.16 Access to Work The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever located. §3.17 Royalties,Patents and Copyrights The Contractor shall pay all royalties and license fees.The Contractor shall defend suits or claims for infringement ... of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof,but shall not be responsible for defense or loss when a particular design,process,or product of a particular manufacturer or manufacturers is required by the Contract Documents,or where the copyright violations are contained in Drawings, Specifications,or other documents prepared by the Owner or Architect.However,if an infringement of a copyright or patent is discovered by,or made known to,the Contractor,the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. §3.18 Indemnification §3.18.1 To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the Owner, Architect.Architect's consultants,and agents and employees of any of them from and against claims,damages, losses,and expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the ..- Work,provided that such claim, damage,loss,or expense is attributable to bodily injury,sickness,disease or death, or to injury to or destruction of tangible property(other than the Work itself),but only to the extent caused by the negligent acts or omissions of the Contractor,a Subcontractor,anyone directly or indirectly employed by them,or �. anyone for whose acts they may be liable,regardless of whether or not such claim,damage,loss,or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate,abridge,or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. §3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them,or anyone for whose acts they may be liable,the �.. indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation,or benefits,payable by or for the Contractor or a Subcontractor under workers' compensation acts, 1 disability benefit acts,or other employee benefit acts. ARTICLE 4 ARCHITECT §4.1 General §4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in _ the Agreement. §4.1.2 Duties,responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted,modified, or extended without written consent of the Owner,Contractor,and Architect. Consent shall not be unreasonably withheld. §4.2 Administration of the Contract §4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. §4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction,or as otherwise agreed with the Owner,to become generally familiar with the progress and quality of the portion of the Work completed, i... and to determine in general if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents. However,the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.The Architect will not have control over,charge of,or responsibility for the construction means,methods,techniques,sequences or procedures,or for the safety precautions and programs in connection with the Work,since these are solely the Contractor's rights and responsibilities under the Contract Documents. §4.2.3 On the basis of the site visits,the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,and promptly report to the Owner(1)known deviations from the AIA Document A201 TM-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties, 18 Unauthorized reproduction or distribution of this AIA" Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. (3B9ADA5D) User Notes: .-. Contract Documents,(2)known deviations from the most recent construction schedule submitted by the Contractor, and(3)defects and deficiencies observed in the Work.The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect will not have control over or charge of,and will not be responsible for acts or omissions of,the Contractor, Subcontractors, or their agents or employees,or any other persons or entities performing portions of the Work. §4.2.4 Communications The Owner and Contractor shall include the Architect in all communications that relate to or affect the Architect's services or professional responsibilities.The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect.Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the Owner. The Contract Documents may specify other communication protocols. §'4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment,the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. §4.2.6`The Architect has authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3,whether or not the Work is fabricated,installed or completed. However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers,then agents or employees,or other persons or entities performing portions of the Work. §4.2.7 The Architect will review and approve,or take other appropriate action upon,the Contractor's submittals ink such as Shop Drawings,Product Data,and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or,in the absence of an approved — submittal schedule,with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review.Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities,or for substantiating instructions for installation or performance of equipment or systems,all of which remain the responsibility of the Contractor as required by the Contract Documents.The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3,3.5,and 3.12.The Architect's review shall not constitute approval of safety precautions or of any construction means,methods,techniques,sequences,or procedures.The Architect's — approval of a specific item shall not indicate approval of an assembly of which the item is a component. §4.2.8 The Architect will prepare Change Orders and Construction Change Directives,and may order minor changes in the Work as provided in Section 7.4.The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. §4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8;receive and forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10;and issue a final Certificate for Payment pursuant to Section 9.10. §4.2.10 If the Owner and Architect agree,the Architect will provide one or more Project representatives to assist in carrying out the Architect's responsibilities at the site.The Owner shall notify the Contractor of any change in the duties,responsibilities and limitations of authority of the Project representatives. §4.2.11 The Architect will interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of either the Owner or Contractor.The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. §4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of,and reasonably inferable ,..ig from,the Contract Documents and will be in writing or in the form of drawings.When making such interpretations AIA Document A201 TM-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The init. American Institute of Architects.All rights reserved.WARNING:This AliV Document is protected by U.S.Copyright Law and international Treaties. 19 Unauthorized reproduction or distribution of this AIA"Document,or any portion of it,may result in severe civil and criminal penalties.and will be 11 / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) Amp and decisions,the Architect will endeavor to secure faithful performance by both Owner and Contractor,will not show partiality to either,and will not be liable for results of interpretations or decisions rendered in good faith. §4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent - - expressed in the Contract Documents. ism §4.2.14 The Architect will review and respond to requests for information about the Contract Documents.The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If' appropriate,the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5 SUBCONTRACTORS §5.1 Definitions §5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term"Subcontractor"is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor.The term"Subcontractor" does not include a Separate Contractor or the subcontractors of a Separate Contractor. §5.1.2 A'Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term"Sub-subcontractor"is referred to throughout the Contract ... Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub- subcontractor. §5.2 Award of Subcontracts and Other Contracts for Portions of the Work imp § 5.2.1 Unless otherwise stated'in the Contract Documents,the Contractor,as soon as practicable after award of the Contract,shall notify the Owner and Architect of the persons or entities proposed for each principal portion of the Work, including those who are to furnish materials or equipment fabricated to a special design.Within 14 days of ti.. receipt of the information,the Architect may notify the Contractor whether the Owner or the Architect(1)has reasonable objection to any such proposed person or entity or(2)requires additional time for review.Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection. §5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made _ reasonable and timely objection.The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. §5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor,the Contractor shall propose another to whom the Owner or Architect has no reasonable objection.If the proposed but rejected''Subcontractor was reasonably capable of performing the Work,the Contract Sum and Contract Time shall be increased or,decreased by the difference,if any,occasioned by such change,and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work.However,no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively r. in submitting names as required. §5.2.4 The Contractor shall not substitute a Subcontractor,person,or entity for one previously selected if the Owner oi-Architect makes reasonable objection to such substitution. §5.3 Subcontractual Relations By appropriate written agreement,the Contractor shall require each Subcontractor,to the extent of the Work to be ... performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents,and to assume toward the Contractor all the obligations and responsibilities,including the responsibility for safety of the Subcontractor's Work that the Contractor,by these Contract Documents,assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights,and shall allow to the Subcontractor,unless specifically provided otherwise in the subcontract agreement,the benefit of all rights,remedies,and redress against the Contractor that the Contractor,by the Contract Documents,has against the Owner.Where appropriate,the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, Init. AlA Document A201 TM—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA'Document is protected by U.S.Copyright Law and International Treaties. 20 Unauthorized reproduction or distribution of this AlA" Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) �- prior to the execution of the subcontract agreement,copies of the Contract Documents to which the Subcontractor will be bound,and,upon written request of the Subcontractor,identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents.Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub- ... subcontractors. §5.4 Contingent Assignment of Subcontracts §5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner,provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the "" Subcontractor and Contractor;and .2 assignment is subject to the prior rights of the surety,if any,obligated under bond relating to the Contract. ... When the Owner accepts the assignment of a subcontract agreement,the Owner assumes the Contractor's rights and obligations under the subcontract. §5.4.2 Upon such assignment,if the Work has been suspended for more than 30 days,the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. §5.4.3 Upon assignment to the Owner under this Section 5.4,the Owner may further assign the subcontract to a successor contractor or other entity.If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS §6.1 Owner's Right to Perform Construction and to Award Separate Contracts §6.1.1 The term"Separate Contractor(s)"shall mean other contractors retained by the Owner under separate agreements.The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces,and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract,including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. §6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations ,,..' on the site,the term"Contractor"in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. §6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each Separate Contractor with the Work of the Contractor,who shall cooperate with them.The Contractor shall participate with any Separate Contractors and the Owner in reviewing their construction schedules.The Contractor shall make any revisions to its construction schedule deemed necessary after a joint review and mutual agreement.The construction schedules shall then constitute the schedules to be used by the Contractor,Separate Contractors,and the Owner until subsequently revised. §6.1.4 Unless otherwise provided in the Contract Documents,when the Owner performs construction or operations related to the Project with the Owner's own forces or with Separate Contractors,the Owner or its Separate Contractors shall have the same obligations and rights that the Contractor has under the Conditions of the Contract, including,without excluding others,those stated in Article 3,this Article 6,and Articles 10, 11,and 12. §6.2 Mutual Responsibility §6.2.1 The Contractor shall afford the Owner and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities,and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. §6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor,the Contractor shall,prior to proceeding with that portion of the Work, Am Document A201 TM-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AlPe Document is protected by U.S.Copyright Law and International Treaties. 21 Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties.and will be +s f prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. (3B9ADA5D) User Notes: promptly notify the Architect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and results of the Contractor's Work. Failure of the Contractor to notify the Architect of apparent discrepancies or defects prior to proceeding with the Work shall constitute an acknowledgment that the Owner's or Separate Contractor's completed or partially _ completed construction is fit and proper to receive the Contractor's Work.The Contractor shall not be responsible for discrepancies or defects in the construction or operations by the Owner or Separate Contractor that are not apparent. §6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor because of the Contractor's delays,improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a Separate Contractor's delays, ... improperly timed activities,damage to the Work or defective construction. §6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or Separate Contractor as provided in Section 10.2.5. §6.2.5 The Owner and each Separate Contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. §6.3 Owner's Right to Clean Up If a dispute arises among the Contractor,Separate Contractors,and the Owner as to the responsibility under their tom respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish,the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK UMW §7.1 General §7.1.1 Changes in the Work may be accomplished after execution of the Contract,and without invalidating the Contract,by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. §7.1.2 A Change Order shall be based upon agreement among the Owner,Contractor,and Architect.A Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the ... Contractor. An order for a minor change in the Work may be issued by the Architect alone. §7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents.The Contractor shall proceed promptly with changes in the Work,unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. §7.2 Change Orders §7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor,and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment,if any,in the Contract Sum;and .3 The extent of the adjustment,if any,in the Contract Time. §7.3 Construction Change Directives §7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect,directing a change in the Work prior to agreement on adjustment,if any,in the Contract Sum or Contract Time,or both. The Owner may by Construction Change Directive,without invalidating the Contract,order changes in the Work within the general scope of the Contract consisting of additions, deletions,or other revisions,the Contract Sum and Contract Time being adjusted accordingly. §7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change ... Order. §7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum,the adjustment shall be r� based on one of the following methods: AIA Document AM"'—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The ... Init. American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected byU.S. Unauthorized reproduction or distribution of this MA'Document,or any Copyrightciiland Law and International and will b i portion of it,may result in severe civil criminal penalties, will be 22 prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) r.. i AIM .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee;or .4 As provided in Section 7.3.4. §7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change,including,in case of an increase in the Contract Sum,an amount for overhead and profit as set forth in the Agreement,or if no such amount is set forth in the Agreement,a reasonable amount. In such case,and,also under Section 7.3.3.3,the Contractor shall keep and present,in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data.Unless otherwise provided in the Contract Documents costs for the purposes of this Section 7.3.4 shall be limited to the following: .1 Costs of labor,including applicable payroll taxes,fringe benefits required by agreement or custom, workers' compensation insurance,and other employee costs approved by the Architect; .2 Costs of materials, supplies,and equipment, including cost of transportation,whether incorporated or consumed; .3 Rental costs of machinery and equipment,exclusive of hand tools,whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance,permit tees,and sales,use,or similar taxes,directly related to the change;and .5 Costs of supervision and field office personnel directly attributable to the change. 1.4 §7.3.5 If the Contractor-disagrees with the adjustment in the Contract Time,the Contractor may make a Claim in accordance with applicable provisions of Article 15. §7.3.6 Upon receipt of a Construction Change Directive,the Contractor shall promptly proceed with the change in -� the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method,if any, provided in'the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. §7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. §7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect.When both additions and MIK credits covering related Work or substitutions are involved in a change,the allowance for overhead and profit shall be figured on the basis of net increase, if any,with respect to that change. §7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner,the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines,in the Architect's professional judgment,to be reasonably justified. The Architect's interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order,;subject to the right of either party to disagree and assert a Claim in accordance with Article 15. §7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time,or otherwise reach agreement upon the adjustments,such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. §7.4 Minor Changes in the Work The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. The Architect's order for minor changes shall be in writing.If the Contractor believes that the proposed minor change in the Work will Init. AIA Document A201 TM-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA'Document is protected by U.S.Copyright Law and International Treaties, 23 Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) affect the Contract Sum or Contract Time,the Contractor shall notify the Architect and shall not proceed to implement the change in the Work.If the Contractor performs the Work set forth in the Architect's order for a minor change without prior notice to the Architect that such change will affect the Contract Sum or Contract Time,the Contractor waives any adjustment to the Contract Sum or extension of the Contract Time. ARTICLE 8 TIME §8.1 Definitions §8.1.1 Unless otherwise provided,Contract Time is the period of time,including authorized adjustments,allotted in the Contract Documents for Substantial Completion of the Work. §8.1.2 The date of commencement of the Work is the date established in the Agreement. §8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. §8.1.4 The term"day"as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. §8.2 Progress and Completion §8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract.By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work. §8.2.2 The Contractor shall not knowingly,except by agreement or instruction of the Owner in writing,commence the Work prior to the effective date of insurance required to be furnished by the Contractor and Owner. §8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. §8.3 Delays and Extensions of Time §8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by(1)an act or neglect of the Owner or Architect, of an employee of either,or of a Separate Contractor; (2)by changes ordered in the Work; (3)by labor disputes, fire,unusual delay in deliveries,unavoidable casualties,adverse weather conditions documented in accordance with Section 15.1.6.2,or other causes beyond the Contractor's control;(4)by delay authorized by the Owner pending mediation and binding dispute resolution;or(5)by other causes that the Contractor asserts,and the Architect determines,justify delay,then the Contract Time shall be extended for such Li reasonable time as the Architect may determine. §8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. §8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of _ the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION §9.1 Contract Sum §9.1.1 The Contract Sum is stated in the Agreement and,including authorized adjustments,is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. §9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon,and if quantities originally contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial € Mr inequity to the Owner or Contractor,the applicable unit prices shall be equitably adjusted. §9.2 Schedule of Values Where the Contract is based on a stipulated sum or Guaranteed Maximum Price,the Contractor shall submit a schedule of values to the Architect before the first Application for Payment,allocating the entire Contract Sum to the various portions of the Work.The schedule of values shall be prepared in the form,and supported by the data to substantiate its accuracy,required by the Architect.This schedule,unless objected to by the Architect,shall be used 1.. as a basis for reviewing the Contractor's Applications for Payment.Any changes to the schedule of values shall be submitted to the Architect and supported by such data to substantiate its accuracy as the Architect may require,and Init. AIA Document A201 TM-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The ►�+ American Institute of Architects.All rights reserved.WARNING:This AIA` Document is protected by U.S.Copyright Law and International Treaties. 24 Unauthorized reproduction or distribution of this AIA`' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) i... 11 unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's subsequent Applications for Payment. §9.3 Applications for Payment 1 §9.3.1 At least ten days before the date established for each progress payment,the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2,for completed portions of the Work.The application shall be notarized,if required,and supported by all ' data substantiating the Contractor's right to payment that the Owner or Architect require,such as copies of requisitions, and releases and waivers of liens from Subcontractors and suppliers,and shall reflect retainage if provided for in the Contract Documents. §9.3.1.1 As provided in Section 7.3.9,such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives,or by interim determinations of the Architect,but not yet included in Change Orders. §9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier,unless such Work has been performed by others ...., whom the Contractor intends to pay. } §9.3.2 Unless otherwise provided in the Contract Documents,payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work.If approved in advance iimi by the Owner,payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest,and shall include the costs of applicable insurance,storage,and transportation to the site,for such materials and equipment stored off the site. §9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner Aso later than the time of payment.The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall,to the best of the Contractor's knowledge,information,and belief,be free and clear of liens,claims, security interests, or encumbrances,in favor of the Contractor, Subcontractors, suppliers,or other persons or entities that provided labor,materials, and:equipment relating to the Work. §9.4 Certificates for Payment I §9.4.1 The Architect will,within seven days after receipt of the Contractor's Application for Payment,either(1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment,with a copy to the Contractor; or(2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due,and notify the Contractor and Owner of the Architect's reasons for withholding certification in part as provided in Section 9.5.1; or(3)withhold certification of the entire Application for Payment,and notify the IContractor and Owner of the Architect's reason for withholding certification in whole as provided in Section 9.5.1. — §9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data in the Application for Payment,that,to the best of the Architect's knowledge,information,and belief,the Work has progressed to the point indicated,the quality of the Work is in accordance with the Contract Documents,and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,to results of subsequent tests and inspections,to correction of minor deviations from the Contract Documents prior to completion,and to specific qualifications expressed by the Architect.However,the issuance of a Certificate for Payment will not be a representation that the Architect has(1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work;(2)reviewed construction means,methods,techniques,sequences,or procedures; (3)reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to '1 payment; or(4)made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. i t MA Document A201 TM-2017.Copyright©1911,1915, 1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The init. American Institute of Architects.All rights reserved.WARNING:This Alide Document is protected by U.S.Copyright Law and International Treaties. 25 Unauthorized reproduction or distribution of this AIA":Document,or any portion of it,may result in severe civil and criminal penalties.and will be 7 prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) I §9.5 Decisions to Withhold Certification §9.5.1 The Architect may withhold a Certificate for Payment in whole or in part,to the extent reasonably necessary to protect the Owner,if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application,the Architect will notify the Contractor and Owner as provided in Section 9.4.1.If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner.The Architect may also withhold a Certificate for Payment or,because of subsequently discovered evidence,may nullify the whole or a part of a Certificate for Payment previously issued,to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible,including loss resulting from acts and omissions described in Section 3.3.2,because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims,unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor,materials or equipment; .4 ';reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a Separate Contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time,and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. §9.5.2 When either party disputes the Architect's decision regarding a Certificate for Payment under Section 9.5.1, in whole or in part,that party may submit a Claim in accordance with Article 15. >_.. §9.5.3 When the reasons for withholding certification are removed,certification will be made for amounts previously withheld. §9.5.4 If the Architect withholds certification for payment under Section 9.5.1.3,the Owner may,at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered.If the Owner makes payments by joint check,the Owner shall notify the Architect and the Contractor shall reflect such payment on its next Application for Payment. §9.6 Progress Payments §9.6.1 After the Architect has issued a Certificate for Payment,the Owner shall make payment in the manner and within the time provided in the Contract Documents,and shall so notify the Architect. §9.6.2 The Contractor shall pay each Subcontractor,no later than seven days after receipt of payment from the Owner,the amount to which the Subcontractor is entitled,reflecting percentages actually retained from payments to _ the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall,by appropriate agreement with each Subcontractor,require each Subcontractor to make payments to Sub-subcontractors in a similar manner. §9.6.3 The Architect will, on request,furnish to a Subcontractor,if practicable,information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. ___ §9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid ... Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days,the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid.Neither the Owner nor Architect shall have an obligation to a or to see to the payment of moneyto,a Subcontractor or supplier,except as mayotherwise be g pay, p Ym pp P required by law. §9.6.5 The Contractor's payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, i.. 9.6.3 and 9.6.4. Init. AIA Document A201 TM-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA'Document is protected by U.S.Copyright Law and International Treaties. 26 Unauthorized reproduction or distribution of this AlA Document;or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) �+ —W §9.6.6 A Certificate for Payment,a progress payment,or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. §9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials,or both, under contract with the Contractor for which payment was made by the Owner.Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor,create any fiduciary liability or tort liability on the part of the Contractor for breach of trust,or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. §9.6.8 Provided the Owner',has fulfilled its payment obligations under the Contract Documents,the Contractor shall defend and indemnify the Owner from all loss,liability,damage or expense,including reasonable attorney's fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of -- any tier.Upon receipt of notice of a lien claim or other claim for payment,the Owner shall notify the Contractor.If approved by the applicable court,when required,the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted. §9.7 Failure of Payment If the Architect does not issue a Certificate for Payment,through no fault of the Contractor,within seven days after receipt of the Contractor's Application for Payment,or if the Owner does not pay the Contractor within seven days �:. after the date established in the Contract Documents,the amount certified by the Architect or awarded by binding dispute resolution,then the Contractor may,upon seven additional days'notice to the Owner and Architect,stop the Work until payment of the amount owing has been received.The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown,delay and start- up,plus interest as provided for in the Contract Documents. §9.8 Substantial Completion §9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. §9.8.2 When the Contractor considers that the Work,or a portion thereof which the Owner agrees to accept separately, is substantially complete,the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or,corrected prior to final payment.Failure to include an item on such list does not alter the ..,,' responsibility of the Contractor to complete all Work in accordance with the Contract Documents. §9.8.3 Upon receipt of the Contractor's list,the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item,whether or not included on the Contractor's list,which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use,the Contractor shall,before issuance of the Certificate of Substantial Completion,complete or correct such item upon notification by the Architect.In such case,the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. §9.8.4 When the Work or designated portion thereof is substantially complete,the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security,maintenance,heat,utilities,damage to the Work and insurance;and fix the time within which the Contractor shall finish all items on the list accompanying the ,. � Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. §9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written "` acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance,and consent of surety if any,the Owner shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. { AIA Document A201 TM-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA`Document is protected by U.S.Copyright Law and International Treaties. 27 Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) §9.9 Partial Occupancy or Use §9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor,provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete,provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments,retainage,if any,security, maintenance,heat, utilities,damage to the Work and insurance,and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete,the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld.The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or,if no agreement is reached,by decision of the Architect. §9.9.2 Immediately prior to such partial occupancy or use,the Owner, Contractor,and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. §9.9.3 Unless otherwise agreed upon,partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. §9.10 Final Completion and Final Payment §9.10.1 Upon receipt of the Contractor's notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment,the Architect will promptly make such inspection. When the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed,the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge,information and belief, and on the basis of the Architect's on-site visits and inspections,the Work has been completed in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final ., Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. §9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect(1)an affidavit that payrolls,bills for materials and equipment,and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered(less amounts withheld by Owner)have been paid or otherwise satisfied,(2)a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect,(3)a written statement that the Contractor knows of no reason that the iiisuranee will not be renewable to cover the period required by the Contract Documents,(4)consent of surety,if any,to final payment, (5)documentation of any special warranties,such as manufacturers' warranties or specific Subcontractor warranties,and(6)if required by the Owner,other data _ establishing payment or satisfaction of obligations,such as receipts and releases and waivers of liens,claims, security interests, or encumbrances arising out of the Contract,to the extent and in such form as maybe designated by the Owner.If a Subcontractor refuses to furnish a release or waiver required by the Owner,the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien,claim,security interest, or encumbrance. If a lien, claim, security interest,or encumbrance remains unsatisfied after payments are made,the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lien, claim,security interest, or encumbrance, including all costs and reasonable attorneys' fees. §9.10.3 if,after Substantial Completion of the Work,final completion thereof is materially delayed through no fault ... of the Contractor or by issuance of Change Orders affecting final completion,and the Architect so confirms,the Owner shall, upon application by the Contractor and certification by the Architect,and without terminating the Contract,make payment of the balance due for that portion of the Work fully completed,corrected,and accepted.If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents,and if bonds have been furnished,the written consent of the surety to payment of the balance due for _ that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. Init.' AIA Document A201 TM-2017.Copyright©1911,1915,1918,1925,1937,1951,1958, 1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The ►� American Institute of Architects.All rights reserved.WARNING:This AIA° Document is protected by U.S.Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA"Document,or any portion of it,may result in severe civil and criminal penalties.and will be 28 prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) �. §9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens,Claims,security interests,or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents;or .4 audits performed by the Owner,if permitted by the Contract Documents,after final payment. §9.10.5 Acceptance of final payment by the Contractor,a Subcontractor,or a supplier,shall constitute a waiver of — claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY §10.1 Safety Precautions and Programs The Contractor shall be responsible for initiating,maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. §10.2 Safety of Persons and Property §10.2.1 The Contractor shall take reasonable precautions for safety of,and shall provide reasonable protection to prevent damage,injury,or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein,whether in storage on or off the site, under care,custody,or control of the Contractor,a Subcontractor,or a Sub-subcontractor; and .3 other property at the site or adjacent thereto,such as trees,shrubs,lawns,walks,pavements,roadways, structures,and utilities not designated for removal,relocation,or replacement in the course of construction. §10.2.2 The Contractor shall comply with,and give notices required by applicable laws,statutes,ordinances,codes, rules and regulations,and lawful orders of public authorities,bearing on safety of persons or property or their protection from damage;injury,or loss. §10.2.3 The Contractor shall implement,erect,and maintain,as required by existing conditions and performance of the Contract,reasonable safeguards for safety and protection,including posting danger signs and other warnings against hazards;promulgating safety regulations;and notifying the owners and users of adjacent sites and utilities of the safeguards: §10.2.4 When use or storage of explosives or other hazardous materials or equipment,or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. §10.2.5 The Contractor shall promptly remedy damage and loss(other than damage or loss insured under property insurance required by the Contract Documents)to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor,a Subcontractor,a Sub-subcontractor,or anyone directly or indirectly employed by any of them,or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.21.2 and 10.2.1.3. The Contractor may make a Claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly,employed by either of them,or by anyone for whose acts either of them may be liable,and not attributable to the fault or negligence of the Contractor.The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. §10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty — shall be the prevention of accidents.This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. §10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. ml AIA Document A201 TM-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties. 29 Unauthorized reproduction or distribution of this AIA" Document,or any portion of it,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) §10.2.8 Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission of the other party,or of others for whose acts such party is legally responsible,notice of the injury or damage,whether or not insured,shall he given to the other party within a reasonable time not exceeding 21 days after discovery.The notice shall provide sufficient detail to enable the other party to investigate the matter. §10.3 Hazardous Materials and Substances §10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials or substances. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily >... injury or death to persons resulting from a material or substance,including but not limited to asbestos or polychlorinated biphenyl(PCB),encountered on the site by the Contractor,the Contractor shall,upon recognizing the condition,immediately stop Work in the affected area and notify the Owner and Architect of the condition. §10,3.2 Upon receipt of the Contractor's notice,the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and,in the event such material or substance is found to be present,to cause it to be rendered harmless.Unless otherwise required by the Contract Documents,the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance. The Contractor and the Architect r... will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner,the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection.When the material or substance has been rendered harmless,Work in the affected area shall resume upon written agreement of the Owner and Contractor.By Change Order,the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable additional costs of shutdown, delay, and start-up §10.3.3 To the fullest extent permitted by law,the Owner shall indemnify and hold harmless the Contractor, Subcontractors,Architect,Architect's consultants,and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys'fees,arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless,provided that such claim,damage, loss,or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property �. (other than the Work itself), except to the extent that such damage,loss,or expense is due to the fault or negligence of the party seeking indemnity. §10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the ~" Contractor brings to the site unless such materials or substances are required by the Contract Documents.The _ OWner shall be responsible for hazardous materials or substances required by the Contract Documents,except to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances. §10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs(1)for remediation of hazardous materials or substances the Contractor brings to the site and negligently handles,or(2)where the Contractor fails to perform its obligations under Section 10.3.1,except to the extent that the cost and expense are due to the Owner's fault or negligence. §10.3.6 If,without negligence on the part of the Contractor, the Contractor is held liable by a government agency for .. the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents,the Owner shall reimburse the Contractor for all cost and expense thereby incurred. §10.4 Emergencies ... In an emergency affecting safety of persons or property,the Contractor shall act,at the Contractor's discretion,to _ _ prevent threatened damage,injury,or loss.Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. Init. AIA Document A2 01 111—2 01 7.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Ism American Institute of Architects.All rights reserved.WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties. 30 Unauthorized reproduction or distribution of this AIA, Document,or any portion of it,may result in severe civil and criminal penalties.and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) �. ARTICLE 11 INSURANCE AND BONDS §11.1 Contractor's Insurance and Bonds §11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability,containing the endorsements,and subject to the terms and conditions,as described in the Agreement or elsewhere in the Contract Documents. The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located.The Owner, Architect,and Architect's consultants shall be named as additional insureds under the Contractor's commercial general liability policy or as otherwise described in the Contract Documents. §11.1.2 The Contractor shall provide surety bonds of the types, for such penal sums,and subject to such terms and conditions as required by the Contract Documents.The Contractor shall purchase and maintain the required bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located. §11.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract,the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. §11.1.4 Notice of Cancellation or Expiration of Contractor's Required Insurance.Within three(3)business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Contract Documents, the Contractor shall provide notice to the Owner of such impending or actual cancellation — or expiration.Upon receipt of notice from the Contractor,the Owner shall,unless the lapse in coverage arises from an act or omission of the Owner;have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor.The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage. §11.2 Owner's Insurance §11.2.1 The Owner shall purchase and maintain insurance of the types and limits of liability,containing the endorsements. and subject to the terms and conditions,as described in the Agreement or elsewhere in the Contract Documents. The Owner shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. §11.2.2 Failure to Purchase Required Property Insurance.If the Owner fails to purchase and maintain the required property insurance,with all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents, the Owner shall inform the Contractor in writing prior to commencement of the Work.Upon .:� receipt ol notice from the Owner,the Contractor may delay commencement of the Work and may obtain insurance that will protect the interests of the Contractor,Subcontractors,and Sub-Subcontractors in the Work.When the failure to provide coverage has been cured or resolved,the Contract Sum and Contract Time shall be equitably adjusted. In the event the Owner fails to procure coverage,the Owner waives all rights against the Contractor, Subcontractors,and Sub-subcontractors to the extent the loss to the Owner would have been covered by the insurance to have been procured by the Owner.The cost of the insurance shall be charged to the Owner by a Change Order. If the Owner does not provide written notice,and the Contractor is damaged by the failure or neglect of the .� Owner to purchase or maintain the required insurance,the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto. §11.2.3 Notice of Cancellation or Expiration of Owner's Required Property Insurance.Within three(3)business days of the date the Owner becomes aware of an impending or actual cancellation or expiration of any property insurance required by the Contract Documents,the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration.Unless the lapse in coverage arises from an act or omission of the Contractor: (l)the Contractor,upon receipt of notice from the Owner, shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor; (2)the Contract Time and Contract Sum shall be equitably adjusted;and(3)the Owner waives all rights against the Contractor, Subcontractors,and Sub-subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled. If the Contractor purchases replacement coverage,the cost of the insurance shall be charged to the Owner by an appropriate Change Order.The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance. Init. AIA Document A201 TN—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA'Document is protected by U.S.Copyright Law and International Treaties. 31 Unauthorized reproduction or distribution of this AIA, Document,or any portion of it,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) §11.3 Waivers of Subrogation §11.3.1 The Owner and Contractor waive all rights against(1)each other and any of their subcontractors,sub- subcontractors, agents,and employees,each of the other; (2)the Architect and Architect's consultants;and(3) Separate Contractors,if any,and any of their subcontractors,sub-subcontractors,agents,and employees,for -- damages caused by fire,or other causes of loss,to the extent those losses are covered by property insurance required by the Agreement or other property insurance applicable to the Project,except such rights as they have to proceeds of such insurance.The Owner or Contractor, as appropriate,shall require similar written waivers in favor of the individuals and entities identified above from the Architect,Architect's consultants,Separate Contractors, subcontractors,and sub-subcontractors.The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation.This waiver of subrogation shall be effective as to a person or entity(1)even though that person or entity would otherwise have a duty of indemnification,contractual or otherwise,(2)even though that person or entity did not pay the insurance premium directly or indirectly,or(3)whether or not the person or entity had an insurable interest in the damaged ... property. §11.3.2 If during the Project construction period the Owner insures properties,real or personal or both,at or adjacent to the site by property insurance under policies separate from those insuring the Project,or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period,to the extent permissible by such policies,the Owner waives all rights in accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of loss covered by this 11n— separate property insurance. §11.4 Loss of Use, Business Interruption,and Delay in Completion Insurance r� The Owner, at the Owner's option,may purchase and maintain insurance that will protect the Owner against loss of use of the Owner's property,or the inability to conduct normal operations,due to fire or other causes of loss.The Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner's property,due to fire or other hazards however caused. L §11.5 Adjustment and Settlement of Insured Loss §11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds,as their interests may appear,subject to requirements of any applicable mortgagee clause and of Section 11.5.2.The Owner shall pay the Architect and Contractor their just shares of insurance proceeds received by the Owner,and by appropriate agreements the Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner. §11.5.2 Prior to settlement of an insured loss,the Owner shall notify the Contractor of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds.The Contractor shall have 14 days from receipt of notice to object to the proposed settlement or allocation of the proceeds.If the Contractor does not object, the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation.Upon receipt,the Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions.Thereafter, if no other agreement is made or the Owner does not terminate the Contract for convenience,the Owner and ►.. Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount allocated for that purpose.If the Contractor timely objects to either the terms of the proposed settlement or the allocation of the proceeds,the Owner may proceed to settle the insured loss,and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. Pending resolution of any dispute,the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK §12.1 Uncovering of Work §12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents,it must,if requested in writing by the Architect,be uncovered for the �. Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. _ _ §12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered,the Architect may request to see such Work and it shall be uncovered by the Contractor.If such Work is in accordance with the Contract Documents,the Contractor shall be entitled to an equitable adjustment to AIA Document A201 TM-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties. 32 Unauthorized reproduction or distribution of this AIA'' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) L.. the Contract Sum and Contract Time as may be appropriate.If such Work is not in accordance with the Contract Documents,the costs of uncovering the Work,and the cost of correction,shall be at the Contractor's expense. §12.2 Correction of Work §12.2.1 Before Substantial Completion The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents,discovered before Substantial Completion and whether or not fabricated,installed or — completed. Costs of correcting such rejected Work,including additional testing and inspections,the cost of uncovering and replacement,and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. §12.2.2 After Substantial Completion §12.2.2.1 In addition to the Contractor's obligations under Section 3.5,if,within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties -- established under Section 9.9.1,or by terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of notice from the Owner to do so,unless the Owner has previously given the Contractor a written acceptance of such condition.The Owner shall give such notice promptly after discovery of the condition.During the one-year period for correction of Work,if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction,the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty.If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect,the Owner may correct it in accordance with Section 2.5. §12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. §12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. §12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. §12.2.4 The Contractor shall beat-the cost of correcting destroyed or damaged construction of the Owner or Separate Contractors,whether completed or partially completed,caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. §12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents.Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work,and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced,nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. §12.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents,the Owner may do so instead of requiring its removal and correction,in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS §13.1 Governing Law The Contract shall be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 15.4. 11 init. AIA Document A201 T"-2017.Copyright©1911,1915,1918,1925,1937,1951,1958, 1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This MA' Document is protected by U.S.Copyright Law and International Treaties, 33 Unauthorized reproduction or distribution of this AIA" Document,or any portion of it,may result in severe civil and criminal penalties.and will be "+ / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) §13.2 Successors and Assigns §13.2.1 The Owner and Contractor respectively bind themselves,their partners,successors,assigns,and legal representatives to covenants,agreements,and obligations contained in the Contract Documents.Except as provided in Section 13.2.2,neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent,that party shall nevertheless remain legally responsible for all obligations under the Contract. §13.2.2 The Owner may,without consent of the Contractor,assign the Contract to a lender providing construction financing for the Project,if the lender assumes the Owner's rights and obligations under the Contract Documents. t... The Contractor shall execute all consents reasonably required to facilitate the assignment. §13.3 Rights,and Remedies §13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties,obligations,rights,and remedies otherwise imposed or available by law. §13.3.2 No action or failure to act by the Owner,Architect,or Contractor shall constitute a waiver of a right or duty afforded them under the Contract,nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing. §13.4 Tests and Inspections §13.4.1 Tests, inspections, and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws,statutes,ordinances,codes,rules,and regulations or lawful orders of public authorities. Unless otherwise provided,the Contractor shall make arrangements for such tests,inspections,and r. approvals with an independent testing laboratory or entity acceptable to the Owner,or with the appropriate public authority,and shall bear all related costs of tests,inspections,and approvals.The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such .. procedures. The Owner shall bear costs of tests,inspections,or approvals that do not become requirements until after bids are received or negotiations concluded.The Owner shall directly arrange and pay for tests,inspections,or approvals where building codes or applicable laws or regulations so require. §13.4.2 If the Architect, Owner,or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection,or approval not included under Section 13.4.1,the Architect will,upon written authorization from the Owner,instruct the Contractor to make arrangements for such additional testing,inspection, .. or approval, by an entity acceptable to the Owner,and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.4.3,shall be at the Owner's expense. §13.4.3 if procedures for testing,inspection,or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents,all costs made necessary by such failure,including those of repeated procedures and compensation for the Architect's services and expenses, . shall be at the Contractor's expense. §13.4.4 Required certificates of testing,inspection,or approval shall,unless otherwise required by the Contract Documents,be secured by the Contractor and promptly delivered to the Architect. §13.4.5 If the Architect is to observe tests,inspections,or approvals required by the Contract Documents,the Architect will do so promptly and,where practicable,at the normal place of testing. L. §13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. §13.5 Interest Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate the parties agree upon in writing or,in the absence thereof,at the legal rate prevailing from time to time at the place ,.., where the Project is located. AIA Document A201" —2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Lr Init. American Institute of Architects.All rights reserved.WARNING:This AIA5 Document is protected by U.S.Copyright Law and International Treaties. 34 Unauthorized reproduction or distribution of this AIA,'Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) -- ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT §14.1 Termination by the Contractor §14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor,a Subcontractor,a Sub-subcontractor,their agents or employees,or any other persons or entities performing portions of the Work,for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government,such as a declaration of national emergency,that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1,or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents;or .4 The Owner has failed to furnish to the Contractor reasonable evidence as required by Section 2.2. ... §14.1.2 The Contractor may terminate the Contract if,through no act or fault of the Contractor,a Subcontractor,a Sub-subcontractor,their agents or employees,or any other persons or entities performing portions of the Work, repeated suspensions,delays,or interruptions of the entire Work by the Owner as described in Section 14.3, constitute in the aggregate more than 100 percent of the total number of days scheduled for completion,or 120 days in any 365-day period,whichever is less. §14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists,the Contractor may,upon seven days' — notice to the Owner and Architect,terminate the Contract and recover from the Owner payment for Work executed, as well as reasonable overhead and profit on Work not executed,and costs incurred by reason of such termination. §14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor,a Subcontractor, a Sub-subcontractor,or their agents or employees or any other persons or entities performing portions of the Work because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work,the Contractor may,upon seven additional — days' notice to the Owner and the Architect,terminate the Contract and recover from the Owner as provided in Section 14.1.3. §14.2 Termination by the Owner for Cause §14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or suppliers; .3 repeatedly disregards applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of a public authority;or .4 otherwise is guilty,of substantial breach of a provision of the Contract Documents. §14.2.2 When any of the reasons described in Section 14.2.1 exist,and upon certification by the Architect that sufficient cause exists to justify such action,the Owner may,without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety,if any,seven days'notice,terminate employment of the Contractor and may,subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials,equipment,tools,and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient.Upon written request of the Contractor,the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. §14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1,the Contractor shall not be entitled to receive further payment until the Work is finished. §14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,including compensation for the Architect's services and expenses made necessary thereby,and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor.If such costs and damages exceed the unpaid balance, AIA Document A201 TM-2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA° Document is protected by U.S.Copyright Law and International Treaties. 35 Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties.and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner,as the case may be,shall be certified by the Initial Decision Maker,upon application,and this obligation for payment shall survive termination of the Contract. �. §14.3 Suspension by the Owner for Convenience §14.3.1 The Owner may,without cause,order the Contractor in writing to suspend,delay or interrupt the Work, in whole or in part for such period of time as the Owner may determine. §14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension,delay,or interruption under Section 14.3.1. Adjustment of the Contract Sum shall include profit.No —' adjustment shall be made to the extent .1 that performance is,was,or would have been, so suspended,delayed,or interrupted,by another cause for which the Contractor is responsible;or _ .2 that an equitable adjustment is made or denied under another provision of the Contract. §14.4 Termination by the Owner for Convenience §14.4.1 The Owner may, at any time,terminate the Contract for the Owner's convenience and without cause. §14.4.2 Upon receipt of notice from the Owner of such termination for the Owner's convenience,the Contractor shall .1 cease operations as directed by the Owner in the notice; ... .2 take actions necessary,or that the Owner may direct,for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. i §14.4.3 In case of such termination for the Owner's convenience,the Owner shall pay the Contractor for Work properly executed;costs incurred by reason of the termination,including costs attributable to termination of Subcontracts; and the termination fee,if any,set forth in the Agreement. ARTICLE 15 CLAIMS AND DISPUTES §15.1 Claims §15.1.1 Definition A Claim is a demand or assertion by one of the parties seeking,as a matter of right,payment of money,a change in the Contract Time; or other relief with respect to the terms of the Contract.The term"Claim"also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim.This Section 15.1.1 does not require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. §15.1.2 Time Limits on Claims The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract,whether in contract,tort,breach of warranty or otherwise,in accordance with the requirements of the binding dispute resolution method selected in the Agreement and within the period specified by applicable law,but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section 15.1.2. §15.1.3 Notice of Claims §15.1.3.1 Claims by either the Owner or Contractor,where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2,shall be initiated by notice to the other party and to the Initial Decision Maker with a copy sent to the Architect,if the Architect is not serving as the Initial Decision Maker. Claims by either party under this Section 15.1.3.1 shall be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim,whichever is later. Init. MA Document A201 TM—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The V.American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document,or any portion of it,may result in severe civil and criminal penalties,and will be 36 prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) �. rank §15.1.3.2 Claims by either the Owner or Contractor,where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2,shall be initiated by notice to the other party.In such event,no decision by the Initial Decision Maker is required. §15.1.4 Continuing Contract Performance §15.1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14,the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. §15.1.4.2 The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decision Maker's decision, subject to the right of either party to proceed in accordance with this Article 15.The Architect will issue Certificates for Payment in accordance with the decision of the Initial Decision Maker. §15.1.5 Claims for Additional Cost If the Contractor wishes to make a Claim for an increase in the Contract Sum,notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim.Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. §15.1.6 Claims for Additional Time §15.1.6.1 Tf the Contractor wishes to make a Claim for an increase in the Contract Time,notice as provided in Section 15.1.3 shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work: In the case of a continuing delay,only one Claim is necessary. §15.1.6.2 If adverse weather conditions are the basis for a Claim for additional time,such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time,could not have been reasonably anticipated, and had an adverse effect on the scheduled construction. §15.1.7 Waiver of Claims for Consequential Damages The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract.This mutual waiver includes .1 damages incurred by the Owner for rental expenses,for losses of use,income,profit,financing, business and reputation,and for loss of management or employee productivity or of the services of such persons;and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there,for losses of financing,business and reputation,and for loss of profit, except anticipated prolt arising directly from the Work. This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination in accordance with Article 14. Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages,when applicable,in accordance with the requirements of the Contract Documents. §15.2 Initial Decision §15.2.1 Claims,excluding those where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4,and 11.5,shall be referred to the Initial Decision Maker for initial decision.The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement.Except for those Claims excluded by this Section 15.2.1,an initial decision shall be required as a condition precedent to mediation of any Claim.Tf an initial decision has not been 1 rendered within 30 days after the Claim has been referred to the Initial Decision Maker,the party asserting the Claim may demand mediation and binding dispute resolution without a decision having been rendered. Unless the Initial Decision Maker and all affected parties agree,the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. §15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1)request additional supporting data from the claimant or a response with supporting data from the other party, (2)reject the Claim in whole or in part,(3)approve the Claim,(4)suggest a compromise, or(5)advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that,in the Init. AIA Document A201 TM—2017.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIAO"- Document is protected by U.S.Copyright Law and International Treaties. 37 Unauthorized reproduction or distribution of this AIA,'Document,or any portion of it,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (369ADA5D) Initial Decision Maker's sole discretion,it would be inappropriate for the Initial Decision Maker to resolve the Claim. §15.2.3 In evaluating Claims,the Initial Decision Maker may,but shall not be obligated to,consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision.The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. §15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional su ortina data such partyshall respond,within ten days after receipt of the request,and shall either(1)provide a r.. PP b P Y P q response on the requested supporting data,(2)advise the Initial Decision Maker when the response or supporting data will be furnished,or(3)advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data,if any,the Initial Decision Maker will either reject or approve the Claim •� in whole or in part. §15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim,or indicating that the Initial Decision Maker is unable to resolve the Claim.This initial decision shall(1)be in writing;(2)state the reasons therefor;and(3)notify the parties and the Architect,if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and,if the parties fail to resolve their dispute through mediation,to binding e_ dispute resolution. §15.2.6 Either party may file for mediation of an initial decision at any time,subject to the terms of Section 15.2.6.1. §15.2.6.1 Either party may,within 30 days from the date of receipt of an initial decision, demand in writing that the other party tile for mediation. If such a demand is made and the party receiving the demand fails to file for mediation within 30 days after receipt thereof,then both parties waive their rights to mediate or pursue binding :.. dispute resolution proceedings with respect to the initial decision. §15.2.7In'the event of a Claim against the Contractor,the Owner may, but is not obligated to,notify the surety,if any,of the nature and amount of the Claim.If the Claim relates to a possibility of a Contractor's default,the Owner may,but is not obligated to,notify the surety and request the surety's assistance in resolving the controversy. §15.2.8 If a Claim relates to or is the subject of a mechanic's lien,the party asserting such Claim may proceed in �. accordance with applicable law to comply with the lien notice or filing deadlines. §15.3 Mediation §15.3.1 Claims,disputes,or other matters in controversy arising out of or related to the Contract,except those waived as provided for in Sections 9.10.4,9.10.5,and 15.1.7,shall be subject to mediation as a condition precedent to binding dispute resolution. §15.3.2 The parties shall endeavor to resolve their Claims by mediation which,unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing,delivered to the other party to the Contract,and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but,in such event, mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the i.. parties or court order.If an arbitration is stayed pursuant to this Section 15.3.2,the parties may nonetheless proceed to the selection of the arbitrator(s)and agree upon a schedule for later proceedings. §15.3.3 Either party may,within 30 days from the date that mediation has been concluded without resolution of the dispute or 60 days after mediation has been demanded without resolution of the dispute,demand in writing that the other party file for binding dispute resolution. If such a demand is made and the party receiving the demand fails to file for binding dispute resolution within 60 days after receipt thereof,then both parties waive their rights to binding dispute resolution proceedings with respect to the initial decision. I nit. AIA Document A201 T"-2017.Copyright©1911,1915,1918,1925,1937,1951,1958, 1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The ... American Institute of Architects.All rights reserved.WARNING:This AIM Document is protected by U.S.Copyright Law and International Treaties. 38 Unauthorized reproduction or distribution of this AIM Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) §15.3.4 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. §15.4 Arbitration §15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement,any Claim subject to,but not resolved by,mediation shall be subject to arbitration which,unless the parties mutually — agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement.The Arbitration shall be conducted in the place where the Project is located,unless another location is mutually agreed upon. A demand for arbitration shall be made in writing,delivered to the other party to the Contract,and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. — §15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation,but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations.For statute of limitations purposes,receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. §15.4.2 The award rendered by the arbitrator or arbitrators shall be final,and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. §15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement, shall be specifically enforceable under applicable law in any court having jurisdiction thereof §15.4.4 Consolidation or Joinder §15.4.4.1 Subject to the rules of the American Arbitration Association or other applicable arbitration rules,either party may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that(1)the arbitration agreement governing the other arbitration permits consolidation,(2)the arbitrations to be consolidated substantially involve common questions of law or fact,and(3)the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). §15.4.4.2 Subject to the rules of the American Arbitration Association or other applicable arbitration rules,either party may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration,provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim,dispute or other matter in question not described in the written consent. §15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4,whether by joinder or consolidation,the same rights of joinder and consolidation as those of the Owner and Contractor under this Agreement. Init. AIA Document A201 TM-2017.Copyright©1911,1915,1918,1925,1937,1951,1958, 1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIAG' Document is protected by U.S.Copyright Law and International Treaties, 39 Unauthorized reproduction or distribution of this AM" Document,or any portion of it,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:38:53 ET on 11/16/2018 under Order No. 1875935897 which expires on 07/13/2019,and is not for resale. User Notes: (3B9ADA5D) i ARTICLE 15 r' SUPPLEMENTARY GENERAL CONDITIONS 15.1. SCOPE ""I The following Supplementary General Conditions shall be intended to modify and expand the referenced General Conditions and they shall take precedence over any statements of the AIA documents. The article and paragraph of the General Conditions which the supplementary statements refer to is so noted. ARTICLE 1 GENERAL PROVISIONS 1 1.1.1 .THE CONTRACT DOCUMENTS Delete the last sentence of paragraph 1.1.1.,and replace with the following: .,� The Contract Documents also include the bidding requirements (Advertisement to Bid, Notice of Proposed Public Improvements and Instructions to Bidders). Unless specifically enumerated in the agreements, the Contract Documents do not include sample forms and the Contractor's Bid. i 1.1.2 THE CONTRACT Add the following new language as Subparagraph 1.1.2.1: 7The Contract Documents shall be signed by the Owner and Contractor. If either the Owner or Contractor or both do not sign all the Contract Documents the Architect shall identify such unsigned Documents. No Contract shall be formed between the parties until all Contract Documents are executed by both parties ARTICLE 2 OWNER 2.1 GENERAL,add the following: i Owner shall mean CITY OF WATERLOO. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER Add the following language to the end of Paragraph 2.2.3: The Contractor shall compare information furnished by the Owner(including surveys and soil tests with observable physical conditions) and the Contract Documents and on the basis of such review, shall report to the Owner and Architect any conflicts, errors or omissions. Contractor shall be responsible for any additional costs, delays and damages resulting from the Contractor's failure to immediately report any such errors, inconsistencies or omissions. ARTICLE 3 CONTRACTOR "1 3.1.1.1. DEFINITIONS All references to the "Contractor", etc., in this specification shall mean the prime Sprinkler Contractor and shall be included as part of the prime Contractor's work if it occurs in the specifications issued under the scope of the prime 1 Contractor's work, unless specifically stated otherwise. See "Supplementary Instructions to Bidders" 3.1.5. for documents under the prime Contractor's work. I H 1 7 PROJECT#22845-R S.G.C. Page 1 1 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR r.. Add the following new language to the end of Paragraph 3.2.1: The Contractor also represents that all Contract Documents for the Project have been examined; including those intended for work of trades not normally performed by the Contractor's own forces, and that it has become thoroughly familiar with all conditions which may pertain to or affect the Work under the Contract. .,. 3.4 LABOR AND MATERIALS Add the following language to the end of Paragraph 3.4.1: Work required by the Contract Documents to be performed after working hours or work the Contractor elects to perform after hours shall be completed at no additional cost to the Owner. 3.4.1.1. MANUFACTURER'S DIRECTIONS All manufactured articles,materials, and equipment shall be applied,installed,connected, erected,used,cleaned and conditioned as directed by the manufacturer. Manufacturer's specifications including installation shall govern, ... unless these specifications are in conflict,in which case the more restrictive requirement shall be met. Add the new Paragraph 3.4.4 which reads as follows: Contractor shall perform the Work so as to cause a minimum of inconvenience to and interruption of the Owner's operations. Any and all interruptions of the operations of the Owner necessary for the performance of the Work shall be noted in the progress schedule and the Contractor shall additionally give the Owner sufficient advance notice of such interruption as to allow the Owner to adjust operations accordingly. Contractor's failure to give the Owner timely notice of such intentions shall place the responsibility of any resulting delays or additional costs solely with the Contractor. 3.5.1. RESPONSIBILITY The Sprinkler Contractor shall assume responsibility for the building and protecting the work completed until such time as final acceptance by the Owner. Each Contractor is responsible for his/her own work. 3.6.1. TAXES As this is a tax-exempt entity,the Contractors are not required to pay sales tax on building materials. It shall be the responsibility of the Contractor and their Subcontractors to pay sales tax on items only that do not become part of the realty being constructed. Examples Include: •barricades •building equipment* • compressors • cranes • drill press • dynamite • -• electric generators • forms • fuel • hand tools • lathes • lodging • machinery* • pile drivers • replacement parts for equipment • scaffolds • stakes •tools •utilities • vehicles, including grading, lifting and excavating vehicles • warning lights • * Machinery or other equipment that remain tangible personal property rather than becoming part of real property may be purchased by the contractor tax free for resale. However, it must be separately itemized and transferred to the exempt entity. The rental of construction equipment for use on or in connection with new construction, reconstruction, alteration, expansion or remodeling of a building or structure is exempt from Iowa sales or use tax. Certain construction-related equipment is not subject to local option tax but remains subject to the state sales tax. See Rule 701-107.9 for details. The Owner will provide to the successful contractor the required authorization letter and exemption certificate. The _ Contractor shall then forward these items to Subcontractors. PROJECT#22845-R S.G.C. Page 2 3.7.1. CONSTRUCTION PERMITS "The Contractor" referred to in this paragraph shall mean the Sprinkler Contractor including the Mechanical, Electrical,and any Subcontractor's costs. 3.7.2.1. BUILDING CODE All construction under this contract shall conform to the requirements of the local authority. The provisions of the International Building Code 2015 and/or currently adopted State of Iowa Code as adopted and amended by the local authority shall be strictly followed. Local Planning and Zoning regulations, ordinances and requirements shall be followed as adopted. 3.7.2.2. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract,the Contractor agrees as follows: —. (1) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, religion, national origin, sex, sexual orientation, age or physical or mental disability. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race,creed, color,religion,national origin,sex,age or physical or mental disability except where it relates to a bona fide occupational qualification. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training,including apprenticeship. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, national origin,sex, age or physical or mental disability except where it relates to a bona fide occupational qualification. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers' representative of the Contractor's commitments under this nondiscrimination clause a shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all relevant provisions of the Iowa Civil Rights Act of 1965 as amended, Iowa Executive Order#15 of 1973, Federal Executive Order 11246 of 1965 as amended by Federal Executive Order 11375 of 1967, the Equal Employment Opportunity Act of 1972, and all federal, state and local provisions relevant to fair employment. (5) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the aforesaid rules, regulations or requests, this contract may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further contracts with the Owner. In addition,the Owner or institutions may take such further action,and such other sanctions may be imposed and remedies invoked, as provided by the Iowa Civil Rights Act of 1965 as amended, Chapter 601A, Code of Iowa 1973,as heretofore and hereafter amended or as otherwise provided by law. (6) The Contractor will include the provisions of paragraphs (1) through (5) hereof in every subcontract and purchase order unless specifically exempted by the Owner, in accordance with the rules and regulations of the Owner, so that such provisions will be binding on each Subcontractor and vendor. The Contractor will take such action with respect to any Subcontractor or purchase order as the Owner or the authorized representative thereof, may direct as a means of enforcing such provisions including sanctions for noncompliance. 3.7.5 If, in the course of the Work, the Contractor knowingly encounters and recognizes human remains, burial markers, archeological sites or previously undelineated wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and PROJECT#22845-R S.G.C. Page 3 Iwo Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence or good faith belief of such existence of such remains or features may be made as provided in Article 15. Add a new Paragraph 3.7.6 which reads as follows: The Contractor is responsible for scheduling inspections related to the performance of its Work and ensuring Work is complete for inspections. Any costs associated with reinspection caused by irregularities, deficiencies or non- conforming Work will be borne by the responsible contractor including all Architectural and Engineering Services related to evaluation of the problem and development of an acceptable solution. 3.8. ALLOWANCES add Paragraph 3.8.4 as follows: See Division I-012100 Allowances for individual items for material allowances. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES Paragraph 3.10.1, in line 4, after the word"Project," and before the word"shall", add the words, "or as requested by the Owner or Architect". 3.10.2:Delete the last sentence of 3.10.2 so that the section now reads as follows: 3.10.2 The Contractor shall prepare a submittal schedule promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect's approval. The Architect's approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's construction schedule, and (2) allow the Architect reasonable time to review submittals. Add a new Paragraph 3.13.1 which shall read as follows: The Contractor shall not bring or permit any subcontractor, supplier or anyone else for whom the Contractor is responsible,to bring on the site any asbestos,PCB's petroleum,hazardous waste or radioactive materials(except for proper use in performing the Work). ARTICLE 4 ARCHITECT 4.1.1.1. ARCHITECT Architect shall mean the firm of ISG,314 East 4th Street,Waterloo, Iowa 50703-4704. 4.1.1.2. MECHANICAL/ELECTRICAL CONSULTANT Mechanical and Electrical Consultant shall mean the firm of ISG, 1300 Walnut Street+ Suite 101, Des Moines, IA 50309. 4.2.2.1. REQUIRED OBSERVATIONS Throughout the plans and specifications, observations are called for by the Architect at certain stages of construction. The Contractor may not cover the work and to do so will require removal of all work covering the work to be viewed. The Contractor shall notify the Architect at least one (1) day prior to the time he will have to ` proceed with the work. The Architect agrees to visit the site within that time, or the Contractor may proceed with the work if the Architect fails to do so. See Division I-014000. PROJECT#22845-R S.G.C. Page 4 Nem 1 4.2.15. EXTRA SERVICE OF THE ARCHITECT If due to the neglect or fault of the Contractor damage is done to any existing building or grounds or work in place so that additional work is caused the Architect over and above his normal duties or if the contract time exceeds the time specified by more than 25%, it shall be the Contractor's responsibility to reimburse the Owner for these extra services of the Architect caused by the Contractor's neglect or work. This charge is based on two-and-one-half times the per hour rate for draftsmen and principals,plus .mileage at the current IRS rate. See 017700 for additional inspection services. ARTICLE 5 SUBCONTRACTORS .-1 5.2 AWARD OF SUBCONTRACTORS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK. tl Amend Paragraph 5.2.1, Lines 1-2, by deleting the words: "as soon as practicable after award of contract" and inserting in lieu thereof: "within ten(10)days after the award of contract". 1 5.2.1.1. AWARD OF SUBCONTRACTS No payments will be approved until Subcontractors and suppliers list has been submitted and approved. ARTICLE 6 '1 6.1.5. WORK NOT INCLUDED All items herein specifically stated as being by other than this Contractor or by others who are not included in the Contractor's work, and all items designated N.I.C. or "by others" on the drawings are not a part of this Contractor's work. ARTICLE 7 CHANGES IN THE WORK j 7.2 CHANGE ORDERS „ 1 Add paragraph 7.2.2 as follows: I The form used to process a change order will be on AIA Document G701. Add the following subparagraph 7.2.3: 7.2.3 The forms used to process a Change Order will include AIA Document G701, Change Order. Add the following to subparagraph 7.3.2: ", and upon prior written approval of the Owner." ARTICLE 8 TIME 8.1 DEFINITIONS Add the following language to the end of Paragraph 8.1.2: "or the date of the Notice to Proceed, whichever occurs later." Delete Subparagraph 8.1.4 and substitute the following Subparagraph: 8.1.4 The term"Day"as used in the Contract Documents shall mean calendar day. 1 PROJECT#22845-R S.G.C. Page 5 1 1 8.1.5.DATE OF ENCLOSURE The term"date of enclosure" shall mean the date agreed to by all prime Contractors,the Owner and Architect when the building will be enclosed, sealed from the weather,and the heating system operable. — 8.3 DELAYS AND EXTENSION OF TIME Add the following language to the end of Paragraph 8.3.1: A time extension shall be Contractor's sole remedy and compensation for all such delays other than those resulting from the acts or negligence of the Owner, the Architect, or the Owner's separate contractors (collectively "Owner Caused Delays"). For proven Owner Caused Delays,the Contractor may recoup the actual costs resulting from such delays,but not for any additional profit or fee. Add the following subparagraph 8.3.1.1 WORK DURING COLD WEATHER: During cold weather it will not be required of the Contractor that he/she continue work on the project through cold weather. The Contractor shall protect all work from freezing, etc. Any work damaged by freezing and thawing will be removed and replaced by the Contractor responsible. No time extension will be allowed for shut down in cold weather,unless the Contractor can substantiate unusual prolonged extreme weather by weather bureau records. ARTICLE 9 PAYMENT AND COMPLETION 9.2.1. SCHEDULE OF VALUES 1 Within 14 days after contract award, a Schedule of Values shall be submitted. The Schedule of Values shall be �. listed according to the specification sections herein within divisions with each major line item identified by the spec section number including mechanical, electrical, technology, food service and any/all major subcontractors. List sub-values of major products or operations under the item. Each item shall be further subdivided for material cost (including shipping and taxes) and labor cost listed separately. Within 10 days after submitting the Schedule of Values,the prime Contractor shall submit a schedule of payment sums,by month,for the duration of the project. 9.3 APPLICATIONS FOR PAYMENT Add the following paragraphs 9.3.2 9.3.1.3 At least thirty (30) days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers. If the Contract Documents require the Owner to retain a portion of the payments until some future time, the Application for Payment shall clearly state the percentage and the amount to be retained. Once the Application is approved by the Architect,the Application for Payment must be submitted for approval to the CITY OF WATERLOO at their regularly scheduled council meeting. L. The application must be received at the City Clerk's office in a timely manner for it to be included in that meeting's scheduled business. After the Architect has issued a Certificate for Payment on a timely received Application for Payment and has released it to the Owner,the Owner shall approve payment with Contractor to receive payment by the 15`'day of the following month. 1. Until Substantial Completion,the Owner will pay ninety-five percent(95%)of the amount due the Contractor on account of Progress Payments,(5%)retainage. PROJECT#22845-R S.G.C. Page 6 L L. H 7 i 9.5 DECISIONS TO WITHHOLD CERTIFICATION 7 9.5.3 Delete in its entirety. { 9.6 PROGRESS PAYMENTS l 9.6.4: Delete the first two sentences of 9.6.4 so that it now reads as follows: 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a "9 Subcontractor,except as may otherwise be required by law. Add a new Paragraph 9.6.8 which shall read as follows: Payment to the Contractor will be made by the Owner from cash on hand from such sources as may be legally 7 available. 9.8 SUBSTANTIAL COMPLETION 1 j Add the following language to the end of Paragraph 9.8.1: , subject only to completion of minor punch list items, the absence of completion of which does not interfere with the Owner's intended used of the Project. Add a new Paragraph 9.8.6 which shall read as follows: 7 The Contractor shall reimburse the Owner for any Architect's additional services made necessary by the 1 Contractor's failure to finally complete the Work within sixty (60) days after the date specified in the Contract Documents for Project Substantial Completion. 1 Add Paragraph 9.8.6 as follows: Unless otherwise required by Iowa law, Final Payment shall be released no earlier than thirty-one (31) days after completion and final acceptance by the Owner of all Work required by the Contract. j Add paragraph 9.8.6.1 as follows: 9.8.6.1 Request for Early Release of Retainage Funds: 1 Upon achieving Substantial Completion, as defined by Iowa Code Chapter 26, the Contractor may formally request the release of all or part of the retainage funds being held on the Project. The Contractors' request for Release of the Retainage Funds shall be accompanied by a sworn statement that ten (10) calendar days prior to filing the Request "1 for Release of the Funds a notice was given to all known subcontractors, subsubcontractors and suppliers that the Contractor is requesting the early release of retainage funds. If proper documentation is received from the Contractor,the Owner will release all retainage funds at the next monthly council meeting or within thirty(30)days, 1 whichever is less,except it may retain the following: a) An amount equal to 200%of the value of labor or materials yet to be provided on the Project as determined by the Owner and its authorized contract representative. For purposes of section, "authorized contract '"1 representative"means the Architect of record on the Project,unless otherwise specified. b) An amount equal to 200% of the value of any Chapter 573 claims currently on file at the time the Request of Release of Retainage is approved. If the Owner withholds an amount from the retainage payment to the Contractor, the Owner will provide a reason the request is being denied to the Contractor within thirty(30)calendar days of the receipt of the request. H 7 PROJECT#22845-R S.G.C. Page 7 H 1 9.10 FINAL COMPLETION AND FINAL PAYMENT Add Subparagraph 9.10.6 to Paragraph 9.10: 9.10.6 Final payment will be made not earlier than 31 days following approval by the CITY OF WATERLOO Council at a regularly scheduled council meeting, receipt of all Lien Waiver and/or Chapter 573 Claim Releases, Sales Tax information, and all other required closeout documents,and subject to the conditions of and in accordance with the provisions of Iowa Code Chapter 573 and Iowa Code Chapter 26. ` Add paragraph 9.10.7 9.10.7 The Contractor and the Contractor's surety, if any, shall be liable for and shall pay the Owner for any extra costs for engineering or architectural services, construction observation services and related expenses necessitated by the delayed prosecution of the work by the Contractor beyond the date of Final Completion required by the Agreement. Such costs are in no way a penalty, but represent additional expenses to the Owner caused by the Contractor's delay in completing the Work. ARTICLE 10 10.2.2.1. OCCUPATIONAL SAFETY&HEALTH ACT Nothing herein specified, or shown on the drawings to the contrary shall relieve the Contractor of any obligations concerning conformance to current requirements of the Occupational Safety and Health Act as pertains to this project. Please note under Section 10.2.8 that if either party suffers injury or damage to person or property due to the act or 6.• omission of the other party, the injured party must provide written notice of the damage to the other party within a reasonable time of the discovery(not to exceed 21 days after discovery). 10.3.1.1. HAZARDOUS WASTE OR TOXIC SUBSTANCES (1) Friable Asbestos No friable asbestos work of any nature is included in this contract. (2) Concealed Hazardous or Toxic Substances No hazardous or toxic substances knowingly exist on the project site. If during the construction of this project, work involving friable asbestos, or hazardous or toxic substances is suspected, or encountered, the Owner or the Owner's representative shall be notified immediately and the Owner with his own forces or by separate contract shall be solely responsible for selection and complete investigation, removal and disposition of the friable asbestos hazard by appropriate licensed parties in full accordance with any and all applicable laws and regulations. The Architect and Contractor shall be indemnified and held harmless from all claims and costs incurred in defending claims based on hazardous waste or toxic substances discovered at the project site. The Architect is not responsible for any failure to discover any hazardous waste or toxic substances not specifically indicated in the contract documents. ` If the Contractor claims that delay or additional cost is involved because of such action by the Owner,he shall make such claim immediately as provided elsewhere in the contract documents. PROJECT#22845-R S.G.C. Page 8 r� Iowa ARTICLE 11 11.1.1.1 WORKER'S COMPENSATION INSURANCE The Contractor shall purchase and maintain Worker's Compensation for not less than the following limits, or greater, if required by law: .a State: Statutory .b Applicable Federal: Statutory —.I .c Employer's Liability: $500,000 per Accident .d Injury by Disease: $500,000 per Employee $500,000 Aggregate —.1 11.1.2.1 LIABILITY INSURANCE The Contractor shall purchase and maintain Comprehensive General Liability Insurance and Comprehensive Automobile Liability Insurance to cover the operations of the Contractor, the operations of the Subcontractors (Contingent or Independent), product and completed operations,p p , personal injury, and contractual liability to include coverage for the Hold Harmless and Indemnification Clause in Article 3.18. Certificates shall be submitted on AIA Document G705 or the ACORD 25 Certificate of Insurance Form. '1 Policy shall include a statement of 30 days minimum advance notice of material change or cancellation of policy to the Owner. .-, The Architect and Owner, along with their respective officers, agency and employees, shall be named as additional insured for Ongoing Operations and Products/Completed Operations on the Contractor, Subcontractor's and any Sub-Subcontractors Commercial General Liability Policy, which must be primary and noncontributory with respect to the additional insured. Minimum Policy Limits: .1 Comprehensive or Commercial General Liability(including Premises-Operation;Independent '� Contractor's Protection;Products and Completed Operations;Broad Form Property Damage): .a Bodily Injury: $1,000,000 Each Occurrence .1 $2,000,000 Aggregate .b Property Damage: $1,000,000 Each Occurrence $2,000,000 Aggregate 1 .c Products and Completed Operations: $2,000,000 Aggregate .d Property Damage Liability shall provide X,C and U Coverage for Explosion,Collapse and Underground Hazard Exposures,respectively. .e Products and Completed Operations coverage shall be maintained for 3 years after final 1 payment. .f Broad Form Property Damage coverage shall include Completed Operations. 1 .g General Liability coverage shall contain a per project aggregate clause. .2 Contractual Liability: .a Bodily Injury: 1 $1,000,000 Each Occurrence $2,000,000 Aggregate .b Property Damage: $1,000,000 Each Occurrence $2,000,000 Aggregate PROJECT#22845-R S.G.C. Page 9 .3 Personal Injury,with Employment Exclusion deleted: $1,000,000 Aggregate i C .4 Business or Commercial Automobile Liability(including owned,non-owned and hired vehicles): �. .a Bodily Injury: $1,000,000 Each Person $1,000,000 Each Occurrence .b Property Damage: $1,000,000 Each Occurrence $1,000,000 Combined Single Limit .5 Umbrella Excess Policy: $3,000,000 over primary insurance The Contractor shall either (1) require each of his Subcontractors to procure and to maintain during the life of his subcontract, public liability and property damage coverage of the type and in the same amount as specified in the preceding paragraphs,or(2)insure the activities of his Subcontractors in his own policy. Insurance on equipment,tools, sheds,plant,etc., shall be the responsibility of the Contractor. �• 11.3.1.1 BUILDER'S RISK FOR AMOUNT OF CONTRACT "The Owner shall purchase and maintain property insurance upon the entire work at the site to the full insurable value thereof. This insurance shall include the interests of the Owner, the Architect, the Contractor, the Subcontractors and sub-Subcontractors, all of whom shall be named as additional insured, and shall include the "Special" covered causes of loss, insurance for physical loss or damage." The Contractor and the Architect will be r.. named and furnished a copy of the coverage at the beginning of the project. ARTICLE 13 13.1 GOVERNING LAW 13.1:Delete the words following"where the Project is located" in 13.1 so that it now reads as follows: ... Amend Paragraph 13.1 to read as follows: 13.1 The Contract shall be governed by the laws of the State of Iowa. ... Delete Subparagraph 13.6 and substitute the following Subparagraph: 13.6 Payments due and unpaid under the Contract Documents shall bear interest from the date the payment is due and shall bear interest at the rate established by Section 74A.2, Code of Iowa. 13.7 TIME LIMITS ON CLAIMS 1 13.7: Strike 13.7 in its entirety and substitute the following: 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: 1. Before Substantial Completion.As to acts or failures to act occurring prior to the relevant date of Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; PROJECT#22845-R S.G.C. Page 10 lom ismo 2. Between Substantial Completion and Final Certificate for Payment.As to acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment,any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment;and 3. After Final Certificate for Payment.As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment,any applicable statute of limitations shall commence to run and any ..� alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any Warranty provided under Section 3.5,the date of any correction of the Work or failure to correct the Work by the Contractor under Section 12.2,or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. Add the following paragraph to ARTICLE 13: 13.8 Conformance with Laws. 13.8.1 The Contractor shall conform in all respects with the provisions of the Federal Civil Rights Act, the Code of Iowa, Chapter 216 Civil Rights Commission and the rules and regulations adopted thereto by the Iowa Civil Rights —1 Commission. The Contractor shall not discriminate against any employee or applicant because of race, color, religion, sex, national origin, ancestry, age, marital status, sexual orientation, physical or mental handicap. The Contractor shall comply with all applicable federal, state and local, laws,rules,regulations, ordinances, policies and procedures, including the CITY OF WATERLOO policies and procedures. The Contractor shall require similar clauses in all of its subcontracts for service or materials. ARTICLE 15 Delete Paragraph 15.1.6 in its entirety. 15.2.1.1 INITIAL DECISION MAKER The initial decision maker shall be the project architect or, in their absence, another employee of ISG, designated at the beginning of the project. Delete Paragraph 15.2.6.1 in its entirety. Delete Paragraph 15.3.1 in its entirety. 15.3.1.1 MEDIATION This Contractor further agrees to include a similar mediation provision in all agreements with independent Contractors, Subcontractors, suppliers and/or fabricators who are providing work for this Contractor for this project. I 1 PROJECT#22845-R S.G.C. Page 11 --I 1 SECTION 011000— SUMMARY 011000 PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 41 1.2 SUMMARY A. Section Includes: 1 1. Project information. 2. Work covered by Contract Documents. 3. Work by Owner. -- 4. Access to site. 5. Coordination with occupants. 6. Work restrictions. 7. Specification and Drawing conventions. 1 1.3 PROJECT INFORMATION 1 Al A. Project Identification: RiverLoop Public Market Fire Suppression for the City of Waterloo, Iowa Project#22845 1. Project Location: RiverLoop Public Market 327 W. 3rd St. iml Waterloo,IA 50701 B. Owner: City of Waterloo,Iowa 715 Mulberry St. Waterloo, IA 50703 1. Owner's Representative: Ed Abben, Facilities Administrator "" City of Waterloo 715 Mulberry St. Waterloo, IA 50703 f C. Architect: ISG 314 East Fourth Street 64 Waterloo, IA 50703 I D. Architect's Consultants: Architect has retained the following design professionals who have prepared designated portions of the Contract Documents: t1. Mechanical and Electrical Engineer: ISG 1300 Walnut Street, Ste 101 1 Des Moines, IA 50309 SUMMARY 011000 - 1 PROJECT#22845-R I r+. 1.4 WORK COVERED BY CONTRACT DOCUMENTS A. The Work of Project is defined by the Contract Documents and consists of the following: 1. Installation of the fire sprinkler, fire alarm system and other Work indicated in the '^ Contract Documents. B. Type of Contract: 1. Project will be constructed under a single prime contract held by the Sprinkle Contractor which includes the fire alarm and exterior utility work. 1.5 WORK BY OWNER — i A. General: Cooperate fully with Owner so work may be carried out smoothly, without interfering with or delaying work under this Contract or work by Owner. Coordinate the Work of this Contract with work performed by Owner. ti,,. 1.6 WORK UNDER SEPARATE CONTRACTS A. General: Cooperate fully with separate contractors so work on those contracts may be carried out smoothly, without interfering with or delaying Work under this Contract or other contracts. Coordinate the Work of this Contract with work performed under separate contracts. B. Concurrent Work: Owner has awarded separate contract(s) for the following construction operations at Project site. Those operations will be conducted simultaneously with work under this Contract. 1. General Contract: Work is underway which includes wall framing, drywalling, etc. 1.7 ACCESS TO SITE '-- A. General: Contractor shall have limited use of Project site for construction operations as indicated on Drawings by the Contract limits and as indicated by requirements of this Section. B. Use of Site: Limit use of Project site to Work in areas indicated. Do not disturb portions of Project site beyond areas in which the Work is indicated. 1. Driveways, Walkways and Entrances: Keep driveways loading areas, and entrances serving premises clear and available to Owner, Owner's employees, and emergency vehicles at all times.Do not use these areas for parking or for storage of materials. a. Schedule deliveries to minimize use of driveways and entrances by construction operations. b. Schedule deliveries to minimize space and time requirements for storage of — materials and equipment on-site. C. Condition of Existing Building: Maintain portions of existing building affected by construction operations in a weathertight condition throughout construction period. Repair damage caused by construction operations. SUMMARY 011000 - 2 PROJECT#22845-R .r� 1.8 COORDINATION WITH OCCUPANTS T A. Owner Limited Occupancy of Completed Areas of Construction: Owner reserves the right to occupy and to place and install equipment in completed portions of the Work, prior to Substantial Completion of the Work, provided such occupancy does not interfere with completion of the Work. Such placement of equipment and limited occupancy shall not constitute acceptance of the total Work. 1. Architect will prepare a Certificate of Substantial Completion for each specific portion of the Work to be occupied prior to Owner acceptance of the completed Work. 2. Obtain a Certificate of Occupancy from authorities having jurisdiction before limited Owner occupancy. 3. Before limited Owner occupancy, mechanical and electrical systems shall be fully operational, and required tests and inspections shall be successfully completed. On occupancy, Owner will operate and maintain mechanical and electrical systems serving occupied portions of Work. 4. On occupancy, Owner will assume responsibility for maintenance and custodial service for occupied portions of Work. i 1.9 WORK RESTRICTIONS A. Work Restrictions,General: Comply with restrictions on construction operations. 1. Comply with limitations on use of public streets and with other requirements of authorities having jurisdiction. B. On-Site Work Hours: Limit work in the existing building to normal business working hours of 7:00 a.m. to 7:00 p.m., Monday through Friday, unless otherwise indicated. 1. Weekend Hours: Verify with Owner. 2. Hours for Utility Shutdowns: Coordinate with Owner. C. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Owner or ..� others unless permitted under the following conditions and then only after providing temporary utility services according to requirements indicated: 1. Notify Architect and/or Owner not less than two days in advance of proposed utility interruptions. 2. Obtain Architect's and/or Owner's written permission before proceeding with utility interruptions. D. Noise, Vibration, and Odors: Coordinate operations that may result in high levels of noise and nd vibration, odors, or other disruption to Owner occupancy with Owner. "41 1. Notify Architect and/or Owner not less than two days in advance of proposed disruptive operations. 2. Obtain Architect's and/or Owner's written permission before proceeding with disruptive operations. SUMMARY 011000 - 3 PROJECT#22845-R VIPP E. Nonsmoking Building: Smoking and/or E-Cigarettes (electronic) are not permitted within the building or anywhere on school grounds. F. Restricted Substances: Use of tobacco products and other controlled substances on Project site is not permitted. 1.10 SPECIFICATION AND DRAWING CONVENTIONS A. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. ,.- These conventions are as follows: 1. Abbreviated Language: Language used in the Specifications and other Contract Documents is abbreviated. Words and meanings shall be interpreted as appropriate. Words implied, but not stated, shall be inferred as the sense requires. Singular words shall be interpreted as plural, and plural words shall be interpreted as singular where f applicable as the context of the Contract Documents indicates. 2. Imperative mood and streamlined language are generally used in the Specifications. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon(:) is used within a sentence or phrase. 3. Specification requirements are to be performed by Contractor unless specifically stated otherwise. B. Division 01 General Requirements: Requirements of Sections in Division 01 apply to the Work of all Sections in the Specifications. C. Drawing Coordination: Requirements for materials and products identified on Drawings are described in detail in the Specifications. One or more of the following are used on Drawings to identify materials and products: 1. Terminology: Materials and products are identified by the typical generic terms used in the individual Specifications Sections. 2. Abbreviations: Materials and products are identified by abbreviations scheduled on Drawings. 3. Keynoting: Materials and products are identified by reference keynotes referencing Specification Section numbers found in this Project Manual. "" PART 2 -PRODUCTS (Not Used) PART 3 -EXECUTION (Not Used) END OF SECTION 011000 SUMMARY 011000 - 4 PROJECT#22845-R Non --n 1-11 SECTION 012100—ALLOWANCES 012100 OMR PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 211 1.2 SUMMARY A. Section includes administrative and procedural requirements governing allowances. B. Types of allowances include the following: ,et 1. Contingency allowances. a. General allowances. 1.3 DEFINITIONS A. Allowance is a quantity of work or dollar amount established in lieu of additional requirements, used to defer selection of actual materials and equipment to a later date when direction will be provided to Contractor. If necessary, additional requirements will be issued by Change Order. 1.4 SELECTION AND PURCHASE A. At the earliest practical date after award of the Contract, advise Architect of the date when final selection, or purchase and delivery, of each product or system described by an allowance must be completed by the Owner to avoid delaying the Work. B. At Architect's request, obtain proposals for each allowance for use in making final selections. Include recommendations that are relevant to performing the Work. C. Purchase products and systems selected by Architect from the designated supplier. 1.5 ACTION SUBMITTALS A. Submit proposals for purchase of products or systems included in allowances in the form a` specified for Change Orders. l + 1.6 INFORMATIONAL SUBMITTALS A. Submit invoices or delivery slips to show actual quantities of materials delivered to the site for use in fulfillment of each allowance. ALLOWANCES 012100 - 1 fist PROJECT#22845-R B. Submit time sheets and other documentation to show labor time and cost for installation of allowance items that include installation as part of the allowance. C. Coordinate and process submittals for allowance items in same manner as for other portions of the Work. 1.7 CONTINGENCY ALLOWANCES A. Use the contingency allowance only as directed by Architect for Owner's purposes and only by Change Orders that indicate amounts to be charged to the allowance. B. Contractor's overhead, profit, and related costs for products and equipment ordered by Owner under the contingency allowance are included in the allowance and are not part of the Contract Sum. These costs include delivery, installation, insurance, equipment rental,and similar costs. C. Change Orders authorizing use of funds from the contingency allowance will include Contractor's related costs and reasonable overhead and profit. D. At Project closeout, credit unused amounts remaining in the contingency allowance to Owner by Change Order. 1.8 ADJUSTMENT OF ALLOWANCES A. Allowance Adjustment: To adjust allowance amounts, prepare a Change Order proposal based on the difference between purchase amount and the allowance, multiplied by final measurement of work-in-place where applicable. If applicable, include reasonable allowances for cutting losses,tolerances,mixing wastes,normal product imperfections, and similar margins. 1. Include installation costs in purchase amount only where indicated as part of the allowance. 2. If requested, prepare explanation and documentation to substantiate distribution of overhead costs and other markups. 3. Submit substantiation of a change in scope of Work, if any, claimed in Change Orders related to unit-cost allowances. 4. Owner reserves the right to establish the quantity of work-in-place by independent ,r quantity survey, measure,or count. B. Submit claims for increased costs because of a change in scope or nature of the allowance described in the Contract Documents, whether for the purchase order amount or Contractor's handling, labor, installation, overhead, and profit. 1. Do not include Contractor's or subcontractor's indirect expense in the Change Order cost amount unless it is clearly shown that the nature or extent of Work has changed from what could have been foreseen from information in the Contract Documents. 2. No change to Contractor's indirect expense is permitted for selection of higher- or lower- priced materials or systems of the same scope and nature as originally indicated. ALLOWANCES 012100 - 2 Smog PROJECT#22845-R PART 2 -PRODUCTS (Not Used) PART 3 -EXECUTION 3.1 EXAMINATION A. Examine products covered by an allowance promptly on delivery for damage or defects. Return damaged or defective products to manufacturer for replacement. 3.2 PREPARATION A. Coordinate materials and their installation for each allowance with related materials and installations to ensure that each allowance item is completely integrated and interfaced with related work. 3.3 SCHEDULE OF ALLOWANCES A. CONTINGENCY ALLOWANCE: 1. GENERAL CONSTRUCTION ALLOWANCE: Include a $10,000.00 allowance for general construction contract. END OF SECTION 012100 A'1 I 1 1 F ALLOWANCES 012100 - 3 PROJECT#22845-R { i l I SECTION 012500- SUBSTITUTION PROCEDURES 012500 1 PART 1 - GENERAL 1.1 RELATED DOCUMENTS and A. Drawings ggeneralprovisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements for substitutions. 1.3 DEFINITIONS A. Substitutions: Changes in products, materials, equipment, and methods of construction from those required by the Contract Documents and proposed by Contractor. 1. Substitutions for Cause: Changes proposed by Contractor that are required due to changed Project conditions, such as unavailability of product, regulatory changes, or 04% unavailability of required warranty terms. 2. Substitutions for Convenience: Changes proposed by Contractor or Owner that are not required in order to meet other Project requirements but may offer advantage to Contractor or Owner. 1.4 ACTION SUBMITTALS A. Substitution Requests: Submit three copies of each request for consideration. Identify product or wit fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles. 1. Documentation: Show compliance with requirements for substitutions and the following, as applicable: a. Statement indicating why specified product or fabrication or installation method cannot be provided, if applicable. b. Coordination of information, including a list of changes or revisions needed to other parts of the Work and to construction performed by Owner and separate :" contractors that will be necessary to accommodate proposed substitution. j c. Detailed comparison of significant qualities of proposed substitutions with those of the Work specified. Include annotated copy of applicable Specification Section. Significant qualities may include attributes, such as performance, weight, size, durability, visual effect, sustainable design characteristics, warranties, and specific features and requirements indicated. Indicate deviations, if any, from the Work specified. SUBSTITUTION PROCEDURES 012500 - 1 •alt PROJECT#22845-R d. Product Data, including drawings and descriptions of products and fabrication and installation procedures. e. Samples,where applicable or requested. f. Certificates and qualification data,where applicable or requested. g. List of similar installations for completed projects, with project names and addresses as well as names and addresses of architects and owners. h. Material test reports from a qualified testing agency, indicating and interpreting test results for compliance with requirements indicated. i. Research reports evidencing compliance with building code in effect for Project, from ICC-ES. j. Detailed comparison of Contractor's construction schedule using proposed substitutions with products specified for the Work, including effect on the overall Contract Time. If specified product or method of construction cannot be provided within the Contract Time, include letter from manufacturer, on manufacturer's Own letterhead, stating date of receipt of purchase order, lack of availability, or delays in delivery. k. Cost information, including a proposal of change, if any, in the Contract Sum. 1. Contractor's certification that proposed substitution complies with requirements in the Contract Documents, except as indicated in substitution request, is compatible with related materials and is appropriate for applications indicated. m. Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of failure of proposed substitution to produce indicated results. 2. Architect's Action: If necessary, Architect will request additional information or documentation for evaluation within seven days of receipt of a request for substitution. Architect will notify Contractor of acceptance or rejection of proposed substitution within _- 15 days of receipt of request, or seven days of receipt of additional information or documentation,whichever is later. a. Forms of Acceptance: Change Order, Construction Change Directive, or Architect's Supplemental Instructions for minor changes in the Work. b. Use product specified if Architect does not issue a decision on use of a proposed .. substitution within time allocated. 1.5 QUALITY ASSURANCE A. Compatibility of Substitutions: Investigate and document compatibility of proposed substitution with related products and materials. Engage a qualified testing agency to perform compatibility V-- tests recommended by manufacturers. 1.6 PROCEDURES A. Coordination: Revise or adjust affected work as necessary to integrate work of the approved .. substitutions. �• I SUBSTITUTION PROCEDURES 012500 -2 PROJECT#22845-R -' I 1.7 SUBSTITUTIONS —. A. Substitutions for Cause: Submit requests for substitution immediately on discovery of need for change, but not later than 15 days prior to time required for preparation and review of related submittals. 1. Conditions: Architect will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Architect will return requests without action, except to record noncompliance with these alt requirements: a. Requested substitution is consistent with the Contract Documents and will produce indicated results. b. Substitution request is fully documented and properly submitted. c. Requested substitution will not adversely affect Contractor's construction schedule. d. Requested substitution has received necessary approvals of authorities having `4 jurisdiction. e. Requested substitution is compatible with other portions of the Work. f. Requested substitution has been coordinated with other portions of the Work. al g. Requested substitution provides specified warranty. h. If requested substitution involves more than one contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is ,.rr compatible with other products, and is acceptable to all contractors involved. ti i' B. Substitutions for Convenience:Not allowed. C. Substitutions for Convenience: Architect will consider requests for substitution if received ..4 within 5 days after the Notice of Award. Requests received after that time may be considered or rejected at discretion of Architect. i'l. 1. Conditions: Architect will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Architect will return requests without action, except to record noncompliance with these AS requirements: a. Requested substitution offers Owner a substantial advantage in cost, time, energy conservation, or other considerations, after deducting additional responsibilities ag Owner must assume. Owner's additional responsibilities may include j compensation to Architect for redesign and evaluation services, increased cost of other construction by Owner, and similar considerations. b. Requested substitution does not require extensive revisions to the Contract mii 7 Documents. c. Requested substitution is consistent with the Contract Documents and will produce 44 indicated results. I d. Substitution request is fully documented and properly submitted. 1 e. Requested substitution will not adversely affect Contractor's construction schedule. f. Requested substitution has received necessary approvals of authorities having jurisdiction. g. Requested substitution is compatible with other portions of the Work. h. Requested substitution has been coordinated with other portions of the Work. irgt i. Requested substitution provides specified warranty. tj. If requested substitution involves more than one contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is 7 compatible with other products, and is acceptable to all contractors involved. SUBSTITUTION PROCEDURES 012500 -3 7 PROJECT#22845-R PART 2 -PRODUCTS (Not Used) �► PART 3-EXECUTION(Not Used) END OF SECTION 012500 SUBSTITUTION PROCEDURES 012500 -4 .� PROJECT#22845-R � 1 oak SECTION 012600- CONTRACT MODIFICATION PROCEDURES gat 012600 PART 1 - GENERAL 1.1 RELATED DOCUMENTS 4,04 A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements for handling and processing Contract modifications. 1.3 MINOR CHANGES IN THE WORK A. Architect will issue supplemental instructions authorizing minor changes in the Work, not involving adjustment to the Contract Sum or the Contract Time, on AIA Document G710. 1.4 PROPOSAL REQUESTS A. Owner-Initiated Proposal Requests: Architect will issue a detailed description of proposed changes in the Work that may require adjustment to the Contract Sum or the Contract Time. If necessary, the description will include supplemental or revised Drawings and Specifications. 1. Work Change Proposal Requests issued by Architect are not instructions either to stop work in progress or to execute the proposed change. 2. Within 10 days after receipt of Proposal Request, submit a quotation estimating cost adjustments to the Contract Sum and the Contract Time necessary to execute the change. '" a. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. c. Include costs of labor and supervision directly attributable to the change. d. Include an updated Contractor's construction schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. e. Quotation Form: Use forms acceptable to Architect. B. Contractor-Initiated Proposals: If latent or changed conditions require modifications to the i°i' Contract, Contractor may initiate a claim by submitting a request for a change to Architect. CONTRACT MODIFICATION PROCEDURES 012600 - 1 PROJECT#22845-R w. 1. Include a statement outlining reasons for the change and the effect of the change on the R Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and the Contract Time. 2. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. 3. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. 4. Include costs of labor and supervision directly attributable to the change. 5. Include an updated Contractor's construction schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, .� and activity relationship. Use available total float before requesting an extension of the Contract Time. 6. Comply with requirements in Section 012500 "Substitution Procedures" if the proposed change requires substitution of one product or system for product or system specified. 7. Proposal Request Form: Use form acceptable to Architect. 1.5 ADMINISTRATIVE CHANGE ORDERS A. Allowance Adjustment: See Section 012100 "Allowances" for administrative procedures for preparation of Change Order Proposal for adjusting the Contract Sum to reflect actual costs of allowances. 1.6 CHANGE ORDER PROCEDURES A. On Owner's approval of a Work Change Proposal Request, Architect will issue a Change Order for signatures of Owner and Contractor on AIA Document G701. 1.7 CONSTRUCTION CHANGE DIRECTIVE A. Construction Change Directive: Architect may issue a Construction Change Directive on AIA Document G714. Construction Change Directive instructs Contractor to proceed with a change in the Work,for subsequent inclusion in a Change Order. 1. Construction Change Directive contains a complete description of change in the Work. It also designates method to be followed to determine change in the Contract Sum or the Contract Time. B. Documentation: Maintain detailed records on a time and material basis of work required by the �,- Construction Change Directive. 1. After completion of change, submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract. PART 2 -PRODUCTS (Not Used) .. PART 3-EXECUTION (Not Used) END OF SECTION 012600 CONTRACT MODIFICATION PROCEDURES 012600 - 2 boa PROJECT#22845-R SECTION 012900-PAYMENT PROCEDURES 012900 461 PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements necessary to prepare and process Applications for Payment. 641 1.3 DEFINITIONS A. Schedule of Values: A statement furnished by Contractor allocating portions of the Contract 064 Sum to various portions of the Work and used as the basis for reviewing Contractor's ! Applications for Payment. 1.4 SCHEDULE OF VALUES A. Coordination: Coordinate preparation of the Schedule of Values with preparation of Contractor's Construction Schedule. 1. Coordinate line items in the Schedule of Values with other required administrative forms and schedules, including the following: a. Application for Payment forms with Continuation Sheets. b. Submittal Schedule. c. Items required to be indicated as separate activities in Contractor's construction schedule. 2. Submit the Schedule of Values to Architect at earliest possible date but no later than seven days before the date scheduled for submittal of initial Applications for Payment. B. Format and Content: Use Project Manual table of contents as a guide to establish line items for the Schedule of Values. Provide at least one line item for each Specification Section. mitt 1. Identification: Include the following Project identification on the Schedule of Values: a. Project name and location. 'rt b. Name of Architect. c. Architect's project number. d. Contractor's name and address. e. Date of submittal. PAYMENT PROCEDURES 012900 - 1 PROJECT#22845-R 2. Arrange the Schedule of Values in tabular form with separate columns to indicate the following for each item listed: a. Related Specification Section or Division. b. Description of the Work.c. Name of subcontractor. d. Name of manufacturer or fabricator. e. Name of supplier. f. Change Orders(numbers)that affect value. g. Dollar value of the following, as a percentage of the Contract sum to nearest one- hundredth percent, adjusted to total 100 percent. .a 1) Labor. 2) Materials. 3) Equipment. 3. Provide a breakdown of the Contract Sum in enough detail to facilitate continued evaluation of Applications for Payment and progress reports. Coordinate with Project Manual table of contents. Provide multiple line items for principal subcontract amounts, in excess of five percent of the Contract Sum. a. Include separate line items under Contractor and principal subcontracts for Project closeout requirements in an amount totaling five percent of the Contract Sum and `s subcontract amount. Mechanical and Electrical contracts shall be broken down by specification section, labor and material. 4. Round amounts to nearest whole dollar;total shall equal the Contract Sum. 5. Provide a separate line item in the Schedule of Values for each part of the Work where Applications for Payment may include materials or equipment purchased or fabricated and stored, but not yet installed. a. Differentiate between items stored on-site and items stored off-site. If specified, include evidence of insurance or bonded warehousing. ,. 6. Provide separate line items in the Schedule of Values for initial cost of materials, for each subsequent stage of completion, and for total installed value of that part of the Work. 7. Allowances: Provide a separate line item in the Schedule of Values for each allowance. Show line-item value of unit-cost allowances, as a product of the unit cost, multiplied by measured quantity. Use information indicated in the Contract Documents to determine quantities. 8. Each item in the Schedule of Values and Applications for Payment shall be complete. Include total cost and proportionate share of general overhead and profit for each item. a. Temporary facilities and other major cost items that are not direct cost of actual work-in-place may be shown either as separate line items in the Schedule of Values or distributed as general overhead expense, at Contractor's option. 9. Schedule Updating: Update and resubmit the Schedule of Values before the next Applications for Payment when Change Orders or Construction Change Directives result in a change in the Contract Sum. PAYMENT PROCEDURES 012900- 2 PROJECT#22845-R 1.5 APPLICATIONS FOR PAYMENT A. Each Application for Payment following the initial Application for Payment shall be consistent with previous applications and payments as certified by Architect and paid for by Owner. ►+ 1. Initial Application for Payment, Application for Payment at time of Substantial Completion, and final Application for Payment involve additional requirements. dor B. RETAINAGE: Contractor shall show a retainage of 5% of completed work amount to be withheld from each application for payment. Upon substantial completion of the entire work, a sum sufficient to decrease the total retainage to 5% of the contract sum,plus such other retainages as the Architect shall determine for all incomplete work and unsettled claims may be "`ir) authorized. After Substantial Completion,the Architect may authorize payment beyond the 5%retainage amount if the Contractor is making satisfactory progress toward a timely completion of the project. However,the Architect will, at no time, authorize payment beyond 2 times the value of the work to be completed until the Architect authorizes the final Request for Payment. gol C. Payment Application Times: The date for each progress payment is indicated in the Agreement between Owner and Contractor. The period of construction Work covered by each Application r; for Payment is the period indicated in the Agreement. Payments generally will be made by the 15th day of each month. Progress payments shall be submitted to Architect by the last day of the month. The period covered by each Application for Payment is one month, ending on the last day of the month. D. Payment Application Forms: Use AIA Document G702 and AIA Document G703 Continuation Sheets as form for Applications for Payment. E. Application Preparation: Complete every entry on form. Notarize and execute by a person authorized to sign legal documents on behalf of Contractor. Architect will return incomplete applications without action. 1. Entries shall match data on the Schedule of Values and Contractor's Construction Schedule. Use updated schedules if revisions were made. 2. Include amounts for work completed following previous Application for Payment, whether or not payment has been received. Include only amounts for work completed at time of Application for Payment. 3. Include amounts of signed Change Orders issued before last day of construction period covered by application. F. Stored Materials: Include in Application for Payment amounts applied for materials or equipment purchased or fabricated and stored, but not yet installed. Differentiate between items stored on-site and items stored off-site. 1. Provide certificate of insurance, evidence of transfer of title to Owner, and consent of surety to payment, for stored materials. 2. Provide supporting documentation that verifies amount requested, such as paid invoices. Match amount requested with amounts indicated on documentation; do not include overhead and profit on stored materials. PAYMENT PROCEDURES 012900 - 3 4111, PROJECT#22845-R 3. Provide summary documentation for stored materials indicating the following: a. Value of materials previously stored and remaining stored as of date of previous Applications for Payment. b. Value of previously stored materials put in place after date of previous Application for Payment and on or before date of current Application for Payment. c. Value of materials stored since date of previous Application for Payment and remaining stored as of date of current Application for Payment. G. Transmittal: Submit one (1) signed and notarized original copy and three (3) copies of each Application for Payment to Architect by a method ensuring receipt within 24 hours. One copy shall include waivers of lien and similar attachments if required. 1. Transmit each copy with a transmittal form listing attachments and recording appropriate information about application. H. Initial Application for Payment: Administrative actions and submittals that must precede or • coincide with submittal of first Application for Payment include the following: .. 1. List of subcontractors. 2. Schedule of Values. 3. Contractor's Construction Schedule (preliminary if not final). 4. Products list. 5. Schedule of unit prices. 6. Submittals Schedule(preliminary if not final). 7. List of Contractor's staff assignments. 8. List of Contractor's principal consultants. 9. Copies of building permits. 10. Copies of authorizations and licenses from authorities having jurisdiction for performance of the Work. 11. Certificates of insurance and insurance policies. 12. Performance and payment bonds. 13. Data needed to acquire Owner's insurance. Application for Payment at Substantial Completion: After Architect issues the Certificate of Substantial Completion, submit an Application for Payment showing 100 percent completion for portion of the Work claimed as substantially complete. ✓ 1. Include documentation supporting claim that the Work is substantially complete and a statement showing an accounting of changes to the Contract Sum. 2. This application shall reflect Certificate(s) of Substantial Completion issued previously for Owner occupancy of designated portions of the Work. J. Final Payment Application: After completing Project closeout requirements, submit final Application for Payment with releases and supporting documentation not previously submitted and accepted, including,but not limited,to the following: �.r 1. Recommendation of final acceptance by the Architect. 2. Evidence of completion of Project closeout requirements. 3. Insurance certificates for products and completed operations where required and proof that taxes, fees, and similar obligations were paid. PAYMENT PROCEDURES 012900 - 4 PROJECT#22845-R 4. Updated final statement,accounting for final changes to the Contract Sum. 5. AIA Document G706, "Contractor's Affidavit of Payment of Debts and Claims." 6. AIA Document G706A, "Contractor's Affidavit of Release of Liens." 7. AIA Document G707, "Consent of Surety to Final Payment." 8. Evidence that claims have been settled. i-• 9. All written guarantees and warranties required by these specifications are on file 10. All shop drawings, schedules and operator's manuals, properly bound and indexed, are on file. ,,.� 11. Executed final acceptance by the Owner. 12. As-built marked up set of construction drawings. PART 2 -PRODUCTS(Not Used) PART 3-EXECUTION(Not Used) { END OF SECTION 012900 { it 1 1 PAYMENT PROCEDURES 012900 - 5 PROJECT#22845-R SECTION 013100-PROJECT MANAGEMENT AND COORDINATION 013100 PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative provisions for coordinating construction operations on Project including, but not limited to, the following: dot 1. General coordination procedures. 2. Coordination drawings. 3. RFIs. otilt 4. Project meetings. B. Each contractor shall participate in coordination requirements. Certain areas of responsibility •■t are assigned to a specific contractor. 1.3 DEFINITIONS 41, A. BIM: Building Information Modeling. B. RFI: Request for Information. Request from Owner, Architect, or Contractor seeking information required by or clarifications of the Contract Documents. 1.4 INFORMATIONAL SUBMITTALS A. Subcontract List: Prepare a written summary identifying individuals or firms proposed for each portion of the Work, including those who are to furnish products or equipment fabricated to a special design. Include the following information in tabular form: 1. Name, address, telephone number, and email address of entity performing subcontract or supplying products. 2. Number and title of related Specification Section(s)covered by subcontract. 3. Drawing number and detail references, as appropriate, covered by subcontract. ''! B. Key Personnel Names: Within 15 days of starting construction operations, submit a list of key personnel assignments, including superintendent and other personnel in attendance at Project site. Identify individuals and their duties and responsibilities; list addresses and cellular telephone numbers and e-mail addresses. Provide names, addresses, and telephone numbers of individuals assigned as alternates in the absence of individuals assigned to Project. 1. Post copies of list in project meeting room, in temporary field office, and in prominent .1 location inbuilt facility. Keep list current at all times. 2. Construction Superintendent: The General Contractor shall assign a Superintendent to the job. It will be the Superintendent's duty to observe that specifications are followed and Imiwk that the Architect is notified if deviations occur. PROJECT MANAGEMENT AND COORDINATION 013100- 1 wok PROJECT#22845-R ti 1.5 GENERAL COORDINATION PROCEDURES .. A. Coordination: Coordinate construction operations included in different Sections of the Specifications to ensure efficient and orderly installation of each part of the Work. Coordinate construction operations included in different Sections that depend on each other for proper installation, connection, and operation. 1. Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before or after its own installation. 2. Coordinate installation of different components to ensure maximum performance and •- accessibility for required maintenance, service, and repair. 3. Make adequate provisions to accommodate items scheduled for later installation. B. Coordination: Each contractor shall coordinate its construction operations with those of other contractors and entities to ensure efficient and orderly installation of each part of the Work. Each contractor shall coordinate its own operations with operations included in different Sections that depend on each other for proper installation, connection, and operation. 1. Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before or after its own installation. 2. Coordinate installation of different components with other contractors to ensure maximum performance and accessibility for required maintenance, service, and repair. •- 3. Make adequate provisions to accommodate items scheduled for later installation. 4. Where availability of space is limited, coordinate installation of different components to ensure maximum performance and accessibility for required maintenance, service, and Ina repair of all components, including mechanical and electrical. C. Prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required notices, reports, and list of attendees at meetings. 1. Prepare similar memoranda for Owner and separate contractors if coordination of their Work is required. D. Administrative Procedures: Coordinate scheduling and timing of required administrative n procedures with other construction activities to avoid conflicts and to ensure orderly progress of the Work. Such administrative activities include,but are not limited to,the following: 1. Preparation of Contractor's construction schedule. 2. Preparation of the schedule of values. 3. Installation and removal of temporary facilities and controls. 4. Delivery and processing of submittals. 5. Progress meetings. 6. Project closeout activities. 7. Startup and adjustment of systems. PROJECT MANAGEMENT AND COORDINATION 013100 -2 PROJECT#22845-R 1.6 REQUEST FOR INFORMATION(RFI) vat A. General: Immediately on discovery of the need for additional information, clarification, or interpretation of the Contract Documents, Contractor shall prepare and submit an RFI in the form specified. { 1. Architect will return without response those RFIs submitted to Architect by other entities controlled by Contractor. 2. Coordinate and submit RFIs in a prompt manner so as to avoid delays in Contractor's work or work of subcontractors. B. Content of the RFI: Include a detailed, legible description of item needing information or interpretation and the following: 1. Project name. 2. Project number. 3. Date. 4. Name of Contractor. 5. Name of Architect. 6. RFI number,numbered sequentially. 7. RFI subject. 8. Specification Section number and title and related paragraphs, as appropriate. 9. Drawing number and detail references, as appropriate. 10. Field dimensions and conditions, as appropriate. 11. Contractor's suggested resolution. If Contractor's suggested resolution impacts the Contract Time or the Contract Sum, Contractor shall state impact in the RFI. 12. Contractor's signature. 13. Attachments: Include sketches, descriptions, measurements, photos, Product Data, Shop Drawings, coordination drawings, and other information necessary to fully describe items needing interpretation. a. Include dimensions, thicknesses, structural grid references, and details of affected '( materials, assemblies, and attachments on attached sketches. C. RFI Forms: AIA Document G716 or Software-generated form with substantially the same dik content as indicated above, acceptable to Architect. 1. Attachments shall be electronic files in PDF format. D. Architect's Action: Architect will review each RFI, determine action required, and respond. Allow seven working days for Architect's response for each RFI. RFIs received by Architect after 1:00 p.m. will be considered as received the following working day. 1. The following Contractor-generated RFIs will be returned without action: a. Requests for approval of submittals. b. Requests for approval of substitutions. c. Requests for approval of Contractor's means and methods. d. Requests for coordination information already indicated in the Contract Documents. e. Requests for adjustments in the Contract Time or the Contract Sum. f. Requests for interpretation of Architect's actions on submittals. g. Incomplete RFIs or inaccurately prepared RFIs. PROJECT MANAGEMENT AND COORDINATION 013100 - 3 irk PROJECT#22845-R 2. Architect's action may include a request for additional information, in which case Architect's time for response will date from time of receipt by Architectof additional information. 3. Architect's action on RFIs that may result in a change to the Contract Time or the Contract Sum may be eligible for Contractor to submit Change Proposal according to Section 012600 "Contract Modification Procedures." a. If Contractor believes the RFI response warrants change in the Contract Time or the Contract Sum, notify Architect in writing within 5 days of receipt of the RFI response. E. RFI Log: Prepare, maintain, and submit a tabular log of RFIs organized by the RFI number. Submit log monthly. Include the following: law1. Project name. 2. Name and address of Contractor. 3. Name and address of Architect. 4. RFI number including RFIs that were returned without action or withdrawn. 5. RFI description. 6. Date the RFI was submitted. 7. Date Architect's response was received. 8. Identification of related Minor Change in the Work, Construction Change Directive, and Proposal Request, as appropriate. 9. Identification of related Field Order, Work Change Directive, and Proposal Request, as appropriate. F. On receipt of Architect's action, update the RFI log and immediately distribute the RFI response to affected parties. Review response and notify Architect within seven days if Contractor disagrees with response. 1.7 PROJECT MEETINGS A. General: Schedule and conduct meetings and conferences at Project site unless otherwise .., indicated. 1. Attendees: Inform participants and others involved, and individuals whose presence is required, of date and time of each meeting. Notify Owner and Architect of scheduled meeting dates and times a minimum of 5 working days prior to meeting. 2. Agenda: Prepare the meeting agenda.Distribute the agenda to all invited attendees. 3. Minutes: Entity responsible for conducting meeting will record significant discussions and agreements achieved. Distribute the meeting minutes to everyone concerned, including Owner and Architect,within three days of the meeting. B. Preconstruction Conference: Architect will schedule and conduct a preconstruction conference before starting construction, at a time convenient to Owner and Architect, but no later than 15 days after execution of the Agreement. 1. Attendees: Authorized representatives of Owner Architect, and their consultants; Contractor and its superintendent; major subcontractors; suppliers; and other concerned parties shall attend the conference. Participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work. PROJECT MANAGEMENT AND COORDINATION 013100-4 PROJECT#22845-R ..+s Am 2. Agenda: Discuss items of significance that could affect progress, including the following: ' a. Responsibilities and personnel assignments. b. Tentative construction schedule. c. Phasing. -- d. Critical work sequencing and long lead items. e. Designation of key personnel and their duties. f. Lines of communications. g. Procedures for processing field decisions and Change Orders. h. Procedures for RFIs. i. Procedures for testing and inspecting. j. Procedures for processing Applications for Payment. k. Distribution of the Contract Documents. 1. Submittal procedures. ` m. Preparation of Record Documents. n. Use of the premises. o. Work restrictions. P. Working hours. ` q. Owner's occupancy requirements. r. Responsibility for temporary facilities and controls. s. Procedures for disruptions and shutdowns. t. Construction waste management and recycling. u. Parking availability. v. Office, work, and storage areas. ,r� w. Equipment deliveries and priorities. 41 x. First aid. y. Security. ,; z. Progress cleaning. { 3. Minutes: Entity responsible for conducting meeting will record and distribute meeting minutes. igil C. Progress Meetings: Conduct progress meetings at weekly intervals. ,,lli, 1. Coordinate dates of meetings with preparation of payment requests. 2. Attendees: In addition to representatives of Owner and Architect, each contractor, subcontractor, supplier, and other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the meeting shall be familiar with Project and authorized to 1, conclude matters relating to the Work. sot 3. Agenda: Review and correct or approve minutes of previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project. a. Contractor's Construction Schedule: Review progress since the last meeting. j Determine whether each activity is on time, ahead of schedule, or behind schedule, in relation to Contractor's construction schedule. Determine how construction 1behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. 1) Review schedule for next period. PROJECT MANAGEMENT AND COORDINATION 013100 - 5 +, PROJECT#22845-R 1 b. Review present and future needs of each entity present, including the following: 1) Interface requirements. 2) Sequence of operations. 3) Status of submittals. 4) Deliveries. 5) Off-site fabrication. 6) Access. Ims 7) Site use. 8) Temporary facilities and controls. 9) Progress cleaning. 10) Quality and work standards. 11) Status of correction of deficient items. 12) Field observations. 13) Status of RFIs. 14) Status of Proposal Requests. 15) Pending changes. 16) Status of Change Orders. 17) Pending claims and disputes. 18) Documentation of information for payment requests. 4. Minutes: Entity responsible for conducting the meeting will record and distribute the meeting minutes to each party present and to parties requiring information. a. Schedule Updating: Revise Contractor's construction schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue revised schedule concurrently with the report of each meeting. PART 2 -PRODUCTS (Not Used) PART 3-EXECUTION(Not Used) �. END OF SECTION 013100 L.. PROJECT MANAGEMENT AND COORDINATION 013100 - 6 PROJECT#22845-R mit SECTION 013200- CONSTRUCTION PROGRESS DOCUMENTATION 013200 PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. .44 1.2 SUMMARY A. Section includes administrative and procedural requirements for documenting the progress of construction during performance of the Work, including the following: .44 1. Startup construction schedule. 2. Contractor's Construction Schedule. 3. Daily construction reports. 4. Material location reports. 5. Site condition reports. 6. Unusual event reports. 1.3 DEFINITIONS A. Activity: A discrete part of a project that can be identified for planning, scheduling, monitoring, and controlling the construction Project. Activities included in a construction schedule consume time and resources. 1. Critical Activity: An activity on the critical path that must start and finish on the planned early start and finish times. 2. Predecessor Activity:An activity that precedes another activity in the network. 3. Successor Activity: An activity that follows another activity in the network. B. CPM: Critical path method, which is a method of planning and scheduling a construction project where activities are arranged based on activity relationships. Network calculations determine when activities can be performed and the critical path of Project. C. Critical Path: The longest connected chain of interdependent activities through the network schedule that establishes the minimum overall Project duration and contains no float. D. Event: The starting or ending point of an activity. E. Float: The measure of leeway in starting and completing an activity. 't F. Resource Loading: The allocation of manpower and equipment necessary for completing an activity as scheduled. CONSTRUCTION PROGRESS DOCUMENTATION 013200 - 1 PROJECT#22845-R 1.4 INFORMATIONAL SUBMITTALS A. Format for Submittals: Submit required submittals in the following format: 1. Working electronic copy of schedule file, where indicated. 2. PDF file. 3. Two paper copies, of sufficient size to display entire period or schedule, as required. B. Startup construction schedule. C. Contractor's Construction Schedule: Initial schedule, of size required to display entire schedule for entire construction period. 1. Submit a working digital copy of schedule, using software indicated, and labeled to comply with requirements for submittals. 1.5 COORDINATION A. Coordinate Contractor's Construction Schedule with the schedule of values, list of subcontracts, submittal schedule, progress reports, payment requests, and other required schedules and ram reports. 1. Secure time commitments for performing critical elements of the Work from entities involved. 2. Coordinate each construction activity in the network with other activities and schedule them in proper sequence. lam 1.6 CON TRACTOR'S CONSTRUCTION SCHEDULE, GENERAL A. Computer Scheduling Software: Prepare schedules using current version of a program that has been developed specifically to manage construction schedules. B. Time Frame: Extend schedule from date established for commencement of the Work to date of final completion. 1. Contract completion date shall not be changed by submission of a schedule that shows an early completion date, unless specifically authorized by Change Order. r.. C. Milestones: Include milestones indicated in the Contract Documents in schedule, including, but not limited to,the Notice to Proceed, Substantial Completion, and final completion. D. Upcoming Work Summary: Prepare summary report indicating activities scheduled to occur or commence prior to submittal of next schedule update. Summarize the following issues: 1. Unresolved issues. 2. Unanswered Requests for Information. 3. Rejected or unreturned submittals. 4. Notations on returned submittals. 5. Pending modifications affecting the Work and the Contract Time. CONSTRUCTION PROGRESS DOCUMENTATION 013200 - 2 PROJECT#22845-R E. Distribution: Distribute copies of approved schedule to Architect Owner, separate contractors, testing and inspecting agencies, and other parties identified by Contractor with a need-to-know schedule responsibility. 1. Post copies in Project meeting rooms and temporary field offices. 2. When revisions are made, distribute updated schedules to the same parties and post in the same locations. Delete parties from distribution when they have completed their assigned portion of the Work and are no longer involved in performance of construction activities. "H 1.7 GANTT-CHART SCHEDULE REQUIREMENTS A. Gantt-Chart Schedule: Submit a comprehensive, fully developed, horizontal, Gantt-chart-type, Contractor's Construction Schedule within 10 days of date established for the Notice of Award. 1. Base schedule on the startup construction schedule and additional information received since the start of Project. ..4 B. Preparation: Indicate each significant construction activity separately. Identify first workday of each week with a continuous vertical line. PART 2 -PRODUCTS (Not Used) PART 3 -EXECUTION(Not Used) • END OF SECTION 013200 sal I 1 CONSTRUCTION PROGRESS DOCUMENTATION PROJECT#22845-R Ci 13200 3 ya SECTION 013300- SUBMITTAL PROCEDURES 013300 PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY ( .+ A. This Section includes administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other submittals. 1.3 DEFINITIONS A. Action Submittals: Written and graphic information that requires Architect's responsive action. B. Informational Submittals: Written information that does not require Architect's responsive action. Submittals may be rejected for not complying with requirements. map 1.4 SUBMITTAL PROCEDURES A. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 2. Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination. a. Architect reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. a B. Submittals Schedule: Comply with requirements in Division 01 Section "Construction Progress Documentation" for list of submittals and time requirements for scheduled performance of related construction activities. C. Processing Time: Allow enough time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Architect's receipt of submittal. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in 'it advance of the Work to permit processing, including resubmittals. SUBMITTAL PROCEDURES 013300 - 1 PROJECT#22845-R 1. Initial Review: Allow 15 days for initial review of each submittal. Allow additional time if coordination with subsequent submittals is required. Architect will advise Contractor when a submittal being processed must be delayed for coordination. 2. Intermediate Review: If intermediate submittal is necessary, process it in same manner .m as initial submittal. 3. Resubmittal Review: Allow 15 days for review of each resubmittal. 4. Sequential Review: Where sequential review of submittals by Architect's consultants, Owner, or other parties is indicated, allow 21 days for initial review of each submittal. D. Identification: Place a permanent label or title block on each submittal for identification. 1. Indicate name of firm or entity that prepared each submittal on label or title block. 2. Provide a space approximately 6 by 8 inches on label or beside title block to record Contractor's review and approval markings and action taken by Architect. 3. Include the following information on label for processing and recording action taken: a. Project name. b. Date. c. Name and address of Architect. d. Name and address of Contractor. e. Name and address of subcontractor. _ f. Name and address of supplier. g. Name of manufacturer. h. Submittal number or other unique identifier, including revision identifier. ti i. Drawing number and detail references, as appropriate. E. Deviations: Highlight or otherwise specifically identify deviations from the Contract Documents on submittals. F. Additional Copies: Unless additional copies are required for final submittal, and unless Architect observes noncompliance with provisions in the Contract Documents, initial submittal .,..., may serve as final submittal. 1. Submit one copy of submittal to concurrent reviewer in addition to specified number of ,� copies to Architect. 2. Additional copies submitted for maintenance manuals will be marked with action taken - and will be returned. %., G. Transmittal: Package each submittal individually and appropriately for transmittal and handling. Transmit each submittal using a transmittal form. Architect will return submittals, without review, received from sources other than Contractor or those without Contractor .r,. review. 1. Transmittal Form: Provide locations on form for the following information: ... a. Project name. b. Date. c. Destination (To:). — d. Source(From:). -- e. Names of subcontractor,manufacturer, and supplier. f. Category and type of submittal. '... g. Submittal purpose and description. h. Specification Section number and title. SUBMITTAL PROCEDURES 013300 - 2 PROJECT#22845-R C. Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data. 1. Preparation: Fully illustrate requirements in the Contract Documents. Include the following information, as applicable: a. Dimensions. b. Identification of products. c. Roughing-in and setting diagrams. d. Wiring diagrams showing field-installed wiring, including power, signal, and control wiring. e. Design calculations. f. Compliance with specified standards. g. Notation of coordination requirements. h. Notation of dimensions established by field measurement. i. Relationship to adjoining construction clearly indicated. j. Seal and signature of professional engineer if specified. 2. Sheet Size: Except for templates, patterns, and similar full-size drawings, submit Shop Drawings on sheets at least 8-1/2 by 11 inches but no larger than 24 by 36 inches. 3. Number of Copies: Submit five opaque (bond) copies of each submittal, architect will return all but one copy, or submit(in pdf form) electronic copy via email to the Architect. Architect will return stamped pdf to contractor via email. 4. The Contractor shall submit shop drawings as called for in these specifications. All shop drawings shall have the date marked on them when the Contractor receives them from the ,,. supplier. Shop drawings shall be submitted through the Contractor and shall not come direct from the supplier to the Architect. Shop drawings that are not dated and signed as approved by the Contractor will not be accepted or reviewed and will be marked "resubmit" and sent back to the Contractor. Shop drawings for the mechanical and electrical work shall be sent to the Consultant if other than the Architect. D. Product Schedule or List: As required in individual Specification Sections, prepare a written summary indicating types of products required for the Work and their intended location. Include the following information in tabular form: 1. Type of product. Include unique identifier for each product. 2. Number and name of room or space. 3. Location within room or space. 4. Number of Copies: Submit four copies of product schedule or list, unless otherwise indicated. Architect will return two copies. a. Mark up and retain one returned copy as a Project Record Document. E. Subcontract List: Prepare a written summary identifying individuals or firms proposed for each portion of the Work, including those who are to furnish products or equipment fabricated to a special design. Use CSI Form 1.5A. Include the following information in tabular form: +� 1. Name, address, and telephone number of entity performing subcontract or supplying products. 2. Number and title of related Specification Section(s)covered by subcontract. 3. Drawing number and detail references, as appropriate, covered by subcontract. 4. Number of Copies: Submit three copies of subcontractor list, unless otherwise indicated. Architect will return two copies. a. Mark up and retain one returned copy as a Project Record Document. SUBMITTAL PROCEDURES 013300 -4 PROJECT#22845-R r► 2.2 INFORMATIONAL SUBMITTALS ""‘ A. Qualification Data: Prepare written information that demonstrates capabilities and experience of firm or person. Include lists of completed projects with project names and addresses, names and addresses of architects and owners, and other information specified. B. Installer Certificates: Prepare written statements on manufacturer's letterhead certifying that Installer complies with requirements in the Contract Documents and, where required, is authorized by manufacturer for this specific Project. C. Manufacturer Certificates: Prepare written statements on manufacturer's letterhead certifying that manufacturer complies with requirements in the Contract Documents. Include evidence of G` manufacturing experience where required. D. Product Certificates: Prepare written statements on manufacturer's letterhead certifying that product complies with requirements in the Contract Documents. E. Material Certificates: Prepare written statements on manufacturer's letterhead certifying that material complies with requirements in the Contract Documents. F. Material Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting test results of material for compliance with requirements in the Contract Documents. G. Product Test Reports: Prepare written reports indicating current product produced by manufacturer complies with requirements in the Contract Documents. Base reports on evaluation of tests performed by manufacturer and witnessed by a qualified testing agency, or on comprehensive tests performed by a qualified testing agency. H. Research/Evaluation Reports: Prepare written evidence, from a model code organization acceptable to authorities having jurisdiction, that product complies with building code in effect •a► for Project. Include the following information: 1. Name of evaluation organization. 2. Date of evaluation. 3. Time period when report is in effect. 4. Product and manufacturers'names. 5. Description of product. 6. Test procedures and results. 7. Limitations of use. Schedule of Tests and Inspections: Comply with requirements specified in Division 01 Section "Quality Requirements." J. Field Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of field tests performed either during installation of product or after product is installed in its final location, for compliance with requirements in the Contract Documents. 1 ' SUBMITTAL PROCEDURES 013300 5 PROJECT#22845-R K. Maintenance Data: Prepare written and graphic instructions and procedures for operation and normal maintenance of products and equipment. Comply with requirements specified in Division 01 Section "Operation and Maintenance Data." L. Design Data: Prepare written and graphic information, including, but not limited to, performance and design criteria, list of applicable codes and regulations, and calculations. Include list of assumptions and other performance and design criteria and a summary of loads. Include load diagrams if applicable. Provide name and version of software, if any, used for calculations. Include page numbers. M. Manufacturer's Instructions: Prepare written or published information that documents manufacturer's recommendations, guidelines, and procedures for installing or operating a product or equipment. Include name of product and name, address, and telephone number of manufacturer. Include the following, as applicable: I. Preparation of substrates. 2. Required substrate tolerances. Irmo 3. Sequence of installation or erection. 4. Required installation tolerances. 5. Required adjustments. 6. Recommendations for cleaning and protection. N. Manufacturer's Field Reports: Prepare written information documenting factory-authorized service representative's tests and inspections. Include the following,as applicable: 1. Name, address, and telephone number of factory-authorized service representative making report. 2. Statement on condition of substrates and their acceptability for installation of product. 3. Statement that products at Project site comply with requirements. 4. Summary of installation procedures being followed, whether they comply with �.. requirements and, if not,what corrective action was taken. 5. Results of operational and other tests and a statement of whether observed performance complies with requirements. �. 6. Statement whether conditions,products, and installation will affect warranty. 7. Other required items indicated in individual Specification Sections. O. Insurance Certificates and Bonds: Prepare written information indicating current status of insurance or bonding coverage. Include name of entity covered by insurance or bond, limits of coverage, amounts of deductibles, if any, and term of the coverage. P. Material Safety Data Sheets(MSDSs): Submit information directly to Owner. 1. Architect will not review submittals that include MSDSs and will return the entire submittal for resubmittal. Q. Finish Schedule: Each contractor shall submit to the Architect brand names,types, and samples of all finish materials for the project. Upon approval, the Architect will prepare a schedule of color selections for all finishes throughout the building. The General Contractor may obtain up to 15 copies of this schedule from the Architect so that he may distribute these to his/her material suppliers and subcontractors. The Mechanical and Electrical contractors shall each be `"' provided two copies. SUBMITTAL PROCEDURES 013300 - 6 PROJECT#22845-R ^ oak PART 3-EXECUTION °'t 3.1 CONTRACTOR'S REVIEW A. Review each submittal and check for coordination with other Work of the Contract and for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Architect. B. Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents. 1. Contractor's name. 2. Date Contractor received drawings from supplier. 3. Any changes or notations in green pencil. 4. A statement that the Contractor has reviewed the drawings and finds them to be correct except as noted. 5 Signature of person making Contractor review. 6. Any deviations from drawings and specifications noted, underlined or circled in green. 3.2 ARCHITECT'S/ACTION A. General: Architect will not review submittals that do not bear Contractor's approval stamp and will return them without action. B. Action Submittals: Architect will review each submittal, make marks to indicate corrections or modifications required in red, and return it. Architect will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action taken C. Informational Submittals: Architect will review each submittal and will not return it, or will ,,, return it if it does not comply with requirements. Architect will forward each submittal to it appropriate party. D. Partial submittals are not acceptable, will be considered nonresponsive, and will be returned without review. E. Submittals not required by the Contract Documents may not be reviewed and may be discarded. orhq- 3.3 OWNER'S COPIES A. At the end of the project, each Contractor shall present to the Owner two(2)approved copies of all shop drawings, schedules and operating manuals, and warranties suitably bound and indexed by Division, in a 3-ring binder. END OF SECTION 013300 1 SUBMITTAL PROCEDURES 013300 - 7 PROJECT#22845-R ... ... limor IWO w we. • %NW a.. SECTION 014000- QUALITY REQUIREMENTS 014000 PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. Alkad 1.2 SUMMARY A. Section includes administrative and procedural requirements for quality assurance and quality control. B. Testing and inspection services are required to verify compliance with requirements specified or 1 indicated. These services do not relieve Contractor of responsibility for compliance with the Contract Document requirements. 1. Specific quality-assurance and quality-control requirements for individual work results are specified in their respective Specification Sections. Requirements in individual Sections may also cover production of standard products. 2. Specified tests, inspections, and related actions do not limit Contractor's other quality- assurance and quality-control procedures that facilitate compliance with the Contract Document requirements. 3. Requirements for Contractor to provide quality-assurance and quality-control services required by Architect, Owner, or authorities having jurisdiction are not limited by provisions of this Section. 4. Specific test and inspection requirements are not specified in this Section. 1.3 DEFINITIONS A. Field Quality-Control Tests: Tests and inspections that are performed on-site for installation of the Work and for completed Work. ( B. Installer/Applicator/Erector: Contractor or another entity engaged by Contractor as an employee, Subcontractor, or Sub-subcontractor, to perform a particular construction operation, including installation, erection,application, assembly, and similar operations. 1. Use of trade-specific terminology in referring to a trade or entity does not require that certain construction activities be performed by accredited or unionized individuals, or that requirements specified apply exclusively to specific trade(s). C. Product Tests: Tests and inspections that are performed by a nationally recognized testing laboratory (NRTL) according to 29 CFR 1910.7, by a testing agency accredited according to NIST's National Voluntary Laboratory Accreditation Program (NVLAP), or by a testing agency qualified to conduct product testing and acceptable to authorities having jurisdiction, to establish product performance and compliance with specified requirements. QUALITY REQUIREMENTS 014000 - 1 PROJECT#22845-R D. Source Quality-Control Tests: Tests and inspections that are performed at the source; for example,plant,mill, factory,or shop. E. Testing Agency: An entity engaged to perform specific tests, inspections, or both. Testing laboratory shall mean the same as testing agency. F. Quality-Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and substantiate that proposed construction will comply with requirements. G. Quality-Control Services: Tests, inspections, procedures, and related actions during and after ... execution of the Work to evaluate that actual products incorporated into the Work and completed construction comply with requirements. Contractor's quality-control services do not include contract administration activities performed by Architect. 1.4 DELEGATED-DESIGN SERVICES A. Performance and Design Criteria: Where professional design services or certifications by a design professional are specifically required of Contractor by the Contract Documents, provide products and systems complying with specific performance and design criteria indicated. 1. If criteria indicated are not sufficient to perform services or certification required, submit a written request for additional information to Architect. Vow 1.5 CONFLICTING REQUIREMENTS A. Conflicting Standards and Other Requirements: If compliance with two or more standards or - requirements are specified and the standards or requirements establish different or conflicting requirements for minimum quantities or quality levels, comply with the most stringent requirement. Refer conflicting requirements that are different, but apparently equal,to Architect for direction before proceeding. B. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. To comply with these requirements, indicated numeric values are minimum or maximum, as appropriate, for the context of requirements. Refer uncertainties to Architect for a decision before proceeding. 1.6 ACTION SUBMITTALS A. Delegated-Design Services Submittal: In addition to Shop Drawings, Product Data, and other required submittals, submit a statement signed and sealed by the responsible design professional, for each product and system specifically assigned to Contractor to be designed or certified by a design professional, indicating that the products and systems are in compliance with performance and design criteria indicated. Include list of codes, loads, and other factors used in performing these services. QUALITY REQUIREMENTS 014000 - 2 PROJECT#22845-R G 1 a 1 1.7 INFORMATIONAL SUBMITTALS "'t A. Testing Agency Qualifications: For testing agencies specified in "Quality Assurance" Article to 1 1 demonstrate their capabilities and experience. Include proof of qualifications in the form of a recent report on the inspection of the testing agency by a recognized authority. 1 B. Schedule of Tests and Inspections: Prepare in tabular form and include the following: ON1. Specification Section number and title. j 2. Entity responsible for performing tests and inspections. 3. Description of test and inspection. 4. Identification of applicable standards. 5. Identification of test and inspection methods. 6. Number of tests and inspections required. 7. Time schedule or time span for tests and inspections. — 8. Requirements for obtaining samples. 9. Unique characteristics of each quality-control service. 1 C. Reports: Prepare and submit certified written reports and documents as specified. D. Permits, Licenses, and Certificates: For Owner's record, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, correspondence, records, and similar documents established for compliance with standards and regulations bearing on performance of the Work. `"v 1.8 REPORTS AND DOCUMENTS 7 A. Test and Inspection Reports: Prepare and submit certified written reports specified in other Sections.Include the following: 1. Date of issue. 2. Project title and number. 3. Name, address,telephone number, and email address of testing agency. _ 4. Dates and locations of samples and tests or inspections. 5. Names of individuals making tests and inspections. 6. Description of the Work and test and inspection method. 7. Identification of product and Specification Section. 8. Complete test or inspection data. 9. Test and inspection results and an interpretation of test results. 10. Record of temperature and weather conditions at time of sample taking and testing and iinspection. 11. Comments or professional opinion on whether tested or inspected Work complies with the Contract Document requirements. 11 12. Name and signature of laboratory inspector. i 13. Recommendations on retesting and reinspecting. „I'l B. Manufacturer's Technical Representative's Field Reports: Prepare written information I documenting manufacturer's technical representative's tests and inspections specified in other Sections. Include the following: "1 QUALITY REQUIREMENTS 014000 - 3 7 PROJECT#22845-R t 1. Name, address, telephone number, and email address of technical representative making report. 2. Statement on condition of substrates and their acceptability for installation of product. 3. Statement that products at Project site comply with requirements. `" 4. Summary of installation procedures being followed, whether they comply with requirements and, if not,what corrective action was taken. 5. Results of operational and other tests and a statement of whether observed performance complies with requirements. 6. Statement whether conditions,products, and installation will affect warranty. 7. Other required items indicated in individual Specification Sections. C. Factory-Authorized Service Representative's Reports: Prepare written information documenting manufacturer's factory-authorized service representative's tests and inspections specified in other Sections. Include the following: 1. Name, address, telephone number, and email address of factory-authorized service representative making report. 2. Statement that equipment complies with requirements. 3. Results of operational and other tests and a statement of whether observed performance complies with requirements. 4. Statement whether conditions,products, and installation will affect warranty. 5. Other required items indicated in individual Specification Sections. 1.9 QUALITY ASSURANCE A. General: Qualifications paragraphs in this article establish the minimum qualification levels required; individual Specification Sections specify additional requirements. B. Manufacturer Qualifications: A firm experienced in manufacturing products or systems similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units. As applicable, procure products from manufacturers able to meet qualification requirements, warranty requirements, and technical or factory-authorized service representative requirements. C. Fabricator Qualifications: A firm experienced in producing products similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units. D. Installer Qualifications: A firm or individual experienced in installing, erecting, applying, or �. assembling work similar in material, design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful in-service performance. E. Professional Engineer Qualifications: A professional engineer who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing engineering services of the kind indicated. Engineering services are defined as those performed for installations of the system, assembly, or product that are similar in material, design, and extent to those indicated for this Project. QUALITY REQUIREMENTS 014000 - 4 PROJECT#22845-R F. Specialists: Certain Specification Sections require that specific construction activities shall be performed by entities who are recognized experts in those operations. Specialists shall satisfy qualification requirements indicated and shall be engaged for the activities indicated. 1. Requirements of authorities having jurisdiction shall supersede requirements for specialists. G. Manufacturer's Technical Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to observe and inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project. H. Factory-Authorized Service Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project. 1.10 QUALITY CONTROL A. Contractor Responsibilities: Tests and inspections not explicitly assigned to Owner are Contractor's responsibility. Perform additional quality-control activities, whether specified or not,to verify and document that the Work complies with requirements. 1. Unless otherwise indicated, provide quality-control services specified and those required by authorities having jurisdiction. Perform quality-control services required of Contractor by authorities having jurisdiction, whether specified or not. 2. Engage a qualified testing agency to perform quality-control services. a. Contractor shall not employ same entity engaged by Owner, unless agreed to in writing by Owner. 3. Notify testing agencies at least 24 hours in advance of time when Work that requires testing or inspection will be performed. „� 4. Where quality-control services are indicated as Contractor's responsibility, submit a certified written report, in duplicate, of each quality-control service. 5. Testing and inspection requested by Contractor and not required by the Contract Documents are Contractor's responsibility. 6. Submit additional copies of each written report directly to authorities having jurisdiction, when they so direct. B. Retesting/Reinspecting: Regardless of whether original tests or inspections were Contractor's responsibility, provide quality-control services, including retesting and reinspecting, for construction that replaced Work that failed to comply with the Contract Documents. C. Manufacturer's Field Services: Where indicated, engage a factory-authorized service representative to inspect field-assembled components and equipment installation, including service connections. Report results in writing as specified in Section 013300 "Submittal Procedures." QUALITY REQUIREMENTS 014000- 5 PROJECT#22845-R D. Manufacturer's Technical Services: Where indicated, engage a manufacturer's technical representative to observe and inspect the Work. Manufacturer's technical representative's services include participation in preinstallation conferences, examination of substrates and conditions, verification of materials, observation of Installer activities, inspection of completed ,^ portions of the Work, and submittal of written reports. E. Associated Contractor Services: Cooperate with agencies and representatives performing required tests, inspections, and similar quality-control services, and provide reasonable auxiliary services as requested. Notify agency sufficiently in advance of operations to permit assignment of personnel. Provide the following: 1. Access to the Work. 2. Incidental labor and facilities necessary to facilitate tests and inspections. 3. Adequate quantities of representative samples of materials that require testing and inspection. Assist agency in obtaining samples. 4. Facilities for storage and field curing of test samples. 5. Delivery of samples to testing agencies. 6. Preliminary design mix proposed for use for material mixes that require control by testing agency. 7. Security and protection for samples and for testing and inspection equipment at Project site. F. Coordination: Coordinate sequence of activities to accommodate required quality-assurance and quality-control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspection. 1. Schedule times for tests, inspections, obtaining samples, and similar activities. PART 2 -PRODUCTS (Not Used) PART 3 -EXECUTION 3.1 TEST AND INSPECTION LOG A. Test and Inspection Log: Prepare a record of tests and inspections.Include the following: 1. Date test or inspection was conducted. 2. Description of the Work tested or inspected. 3. Date test or inspection results were transmitted to Architect. 4. Identification of testing agency or special inspector conducting test or inspection. B. Maintain log at Project site. Post changes and revisions as they occur. Provide access to test and inspection log for Architect's reference during normal working hours. 1. Submit log at Project closeout as part of Project Record Documents. QUALITY REQUIREMENTS 014000- 6 PROJECT#22845-R 3.2 REPAIR AND PROTECTION A. General: On completion of testing, inspection, sample taking, and similar services, repair damaged construction and restore substrates and finishes. 1. Provide materials and comply with installation requirements specified in other Specification Sections or matching existing substrates and finishes. Restore patched areas and extend restoration into adjoining areas with durable seams that are as invisible as possible. Comply with the Contract Document requirements for cutting and patching in Section 017300 "Execution." B. Protect construction exposed by or for quality-control service activities. C. Repair and protection are Contractor's responsibility, regardless of the assignment of responsibility for quality-control services. s � 3.3 REQUIRED OBSERVATIONS OF THE ARCHITECT A. The Contractor shall note throughout the plans and specifications where "required observations" are called for. The following items are a guide only, and do not necessarily indicate all site visits required. See Supplementary General Conditions. Substantial completion review } Final review ""; One-year warranty review ""1. END OF SECTION 014000 0.14 i 1 QUALITY REQUIREMENTS 014000- 7 PROJECT#22845-R • w %ma i MEW Wow w SECTION 014200—REFERENCES 014200 PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary 0.4t Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 DEFINITIONS A. General: Basic Contract definitions are included in the Conditions of the Contract. B. "Approved": When used to convey Architect's action on Contractor's submittals, applications, and requests, "approved" is limited to Architect's duties and responsibilities as stated in the Conditions of the Contract. C. "Directed": A command or instruction by Architect. Other terms including "requested," "authorized," "selected," "required," and "permitted" have the same meaning as "directed." D. "Indicated": Requirements expressed by graphic representations or in written form on Drawings, in Specifications, and in other Contract Documents. Other terms including "shown," "noted," "scheduled," and "specified" have the same meaning as "indicated." { E. "Regulations": Laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, and rules, conventions, and agreements within the construction industry that control performance of the Work. F. "Furnish": Supply and deliver to Project site, ready for unloading, unpacking, assembly, installation, and similar operations. G. "Install": Unload, temporarily store, unpack, assemble, erect, place, anchor, apply, work to dimension, finish, cure,protect, clean, and similar operations at Project site. H. "Provide": Furnish and install, complete and ready for the intended use. I. "Project Site": Space available for performing construction activities. The extent of Project site is shown on Drawings and may or may not be identical with the description of the land on which Project is to be built. 1.3 INDUSTRY STANDARDS A. Applicability of Standards: Unless the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. B. Publication Dates: Comply with standards in effect as of date of the Contract Documents unless otherwise indicated. t REFERENCES 014200 - 1 PROJECT#22845-R C. Copies of Standards: Each entity engaged in construction on Project should be familiar with industry standards applicable to its construction activity. Copies of applicable standards are not bound with the Contract Documents. 1. Where copies of standards are needed to perform a required construction activity, obtain copies directly from publication source. 1.4 ABBREVIATIONS AND ACRONYMS A. Industry Organizations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. This information is subject to change and is believed to be accurate as of the date of the Contract Documents. ... 1. AABC-Associated Air Balance Council;www.aabc.com. 2. AAMA-American Architectural Manufacturers Association; www.aamanet.org. 3. AAPFCO-Association of American Plant Food Control Officials;www.aapfco.org. 4. AASHTO - American Association of State Highway and Transportation Officials; www.transportation.org. 5. AATCC -American Association of Textile Chemists and Colorists;www.aatcc.org. 6. ABMA-American Bearing Manufacturers Association;www.americanbearings.org. 7. ABMA-American Boiler Manufacturers Association;www.abma.com. 8. ACI-American Concrete Institute; (Formerly: ACI International);www.abma.com. r... 9. ACPA- American Concrete Pipe Association;www.concrete-pipe.org. 10. AEIC -Association of Edison Illuminating Companies,Inc. (The);www.aeic.org. 11. AF&PA-American Forest&Paper Association;www.afandpa.org. `. 12. AGA-American Gas Association; www.aga.org. 13. AHAM-Association of Home Appliance Manufacturers; www.aham.org. 14. AHRI-Air-Conditioning,Heating, and Refrigeration Institute(The);www.ahrinet.org. 15. AI -Asphalt Institute;www.asphaltinstitute.org. 16. AIA-American Institute of Architects (The); www.aia.org. 17. AISC -American Institute of Steel Construction;www.aisc.org. l 8. AISI- American Iron and Steel Institute;www.steel.org. 19. AITC -American Institute of Timber Construction; www.aitc-glulam.org. 20. AMCA-Air Movement and Control Association International,Inc.;www.amca.org. 21. ANSI -American National Standards Institute;www.ansi.org. IMO 22. AOSA-Association of Official Seed Analysts,Inc.;www.aosaseed.com. 23. APA-APA- The Engineered Wood Association;www.apawood.org. 24. APA-Architectural Precast Association;www.archprecast.org. _ 25. API -American Petroleum Institute;www.api.org. 26. ARI -Air-Conditioning&Refrigeration Institute; (See AHRI). 27. ARI -American Refrigeration Institute; (See AHRI). 28. ARMA-Asphalt Roofing Manufacturers Association; www.asphaltroofing.org. 29. ASCE- American Society of Civil Engineers; www.asce.org. 30. ASCE/SEI - American Society of Civil Engineers/Structural Engineering Institute; (See ASCE). 31. ASHRAE - American Society of Heating, Refrigerating and Air-Conditioning Engineers; www.ashrae.org. 32. ASME - ASME International; (American Society of Mechanical Engineers); www.asme.org. REFERENCES 014200 - 2 PROJECT#22845-R 33. ASSE-American Society of Safety Engineers(The);www.asse.org. 34. ASSE-American Society of Sanitary Engineering; www.asse-plumbing.org. 35. ASTM-ASTM International;www.astm.org. 36. ATIS -Alliance for Telecommunications Industry Solutions; www.atis.org. 37. AWEA-American Wind Energy Association; www.awea.org. 38. AWI -Architectural Woodwork Institute;www.awinet.org. } 39. AWMAC - Architectural Woodwork Manufacturers Association of Canada; www.awmac.com. 40. AWPA-American Wood Protection Association;www.awpa.com. 41. AWS -American Welding Society;www.aws.org. 42. AWWA-American Water Works Association;www.awwa.org. 43. BHMA-Builders Hardware Manufacturers Association; www.buildershardware.com. 44. BIA-Brick Industry Association(The); www.gobrick.com. 45. BICSI- BICSI,Inc.;www.bicsi.org. 46. BIFMA - BIFMA International; (Business and Institutional Furniture Manufacturer's Association); www.bifma.org. 47. BISSC -Baking Industry Sanitation Standards Committee;www.bissc.org. 48. BWF - Badminton World Federation; (Formerly: International Badminton Federation); www.bissc.org. 49. CDA -Copper Development Association; www.copper.org. 50. CEA- Canadian Electricity Association;www.electricity.ca. • 51. CEA- Consumer Electronics Association; www.ce.org. 52. CFFA- Chemical Fabrics and Film Association,Inc.;www.chemicalfabricsandfilm.com. 53. CFSEI- Cold-Formed Steel Engineers Institute; www.cfsei.org. 54. CGA- Compressed Gas Association; www.cganet.com. 55. CIMA- Cellulose Insulation Manufacturers Association;www.cellulose.org. 56. CISCA- Ceilings&Interior Systems Construction Association; www.cisca.org. 57. CISPI- Cast Iron Soil Pipe Institute;www.cispi.org. 58. CLFMI-Chain Link Fence Manufacturers Institute; www.chainlinkinfo.org. 59. CPA- Composite Panel Association;www.pbmdf.com. 60. CRI - Carpet and Rug Institute(The); www.carpet-rug.org. 61. CRRC - Cool Roof Rating Council;www.coolroofs.org. 62. CRSI-Concrete Reinforcing Steel Institute; www.crsi.org. 63. CSA- Canadian Standards Association;www.csa.ca. " t 64. CSA - CSA International; (Formerly: IAS - International Approval Services); www.csa- international.org. 65. CSI- Construction Specifications Institute(The); www.csinet.org. 66. CSSB - Cedar Shake& Shingle Bureau; www.cedarbureau.org. 67. CTI -Cooling Technology Institute; (Formerly: Cooling Tower Institute); www.cti.org. 68. CWC -Composite Wood Council; (See CPA). 69. DASMA- Door and Access Systems Manufacturers Association; www.dasma.com. 70. DHI-Door and Hardware Institute; www.dhi.org. 71. ECA- Electronic Components Association; (See ECIA). 72. ECAMA-Electronic Components Assemblies&Materials Association; (See ECIA). 73. ECIA-Electronic Components Industry Association; www.eciaonline.org. 74. EIA-Electronic Industries Alliance; (See TIA). 75. EIMA-EIFS Industry Members Association; www.eima.com. "1 76. EJMA-Expansion Joint Manufacturers Association, Inc.;www.ejma.org. 77. ESD-ESD Association; (Electrostatic Discharge Association); www.esda.org. 78. ESTA-Entertainment Services and Technology Association; (See PLASA). 79. EVO-Efficiency Valuation Organization; www.evo-world.org. ' r REFERENCES 014200- 3 PROJECT#22845-R 80. FCI-Fluid Controls Institute;www.fluidcontrolsinstitute.org. 81. FIBA - Federation Internationale de Basketball; (The International Basketball Federation);www.fiba.com. 82. FIVB - Federation Internationale de Volleyball; (The International Volleyball Federation); www.fivb.org. 83. FM Approvals-FM Approvals LLC;www.fmglobal.com. 84. FM Global -FM Global; (Formerly: FMG-FM Global);www.fmglobal.com. 85. FRSA - Florida Roofing, Sheet Metal & Air Conditioning Contractors Association, Inc.; www.floridaroof.com. 86. FSA- Fluid Sealing Association;www.fluidsealing.com. 87. FSC - Forest Stewardship Council U.S.;www.fscus.org. 88. GA- Gypsum Association;www.gypsum.org. 89. GANA- Glass Association of North America;www.glasswebsite.com. 90. GS - Green Seal; www.greenseal.org. 91. HI -Hydraulic Institute;www.pumps.org. 92. HI/GAMA-Hydronics Institute/Gas Appliance Manufacturers Association; (See AHRI). 93. HMMA- Hollow Metal Manufacturers Association; (See NAAMM). 94. HPVA-Hardwood Plywood&Veneer Association;www.hpva.org. 95. HPW- H. P. White Laboratory, Inc.;www.hpwhite.com. 96. IAPSC - International Association of Professional Security Consultants;www.iapsc.org. 97. IAS - International Accreditation Service;www.iasonline.org. 98. IAS -International Approval Services;(See CSA). 99. ICBO- International Conference of Building Officials; (See ICC). 100. ICC -International Code Council;www.iccsafe.org. 101. ICEA- Insulated Cable Engineers Association,Inc.;www.icea.net. 102. ICPA-International Cast Polymer Alliance; www.icpa-hq.org. 103. ICRI - International Concrete Repair Institute,Inc.;www.icri.org. +- 104. IEC -International Electrotechnical Commission; http://www.iec.ch. 105. IEEE- Institute of Electrical and Electronics Engineers,Inc. (The);www.ieee.org. 106. IES - Illuminating Engineering Society; (Formerly: Illuminating Engineering Society of North America);www.ies.org. 107. IESNA-Illuminating Engineering Society of North America;(See IES). 108. IEST- Institute of Environmental Sciences and Technology;www.iest.org. 109. IGMA- Insulating Glass Manufacturers Alliance;www.igmaonline.org. 110. IGSHPA - International Ground Source Heat Pump Association; www.igshpa.okstate.edu. 111. ILI-Indiana Limestone Institute of America,Inc.;www.iliai.com. 112. Intertek - Intertek Group; (Formerly: ETL SEMCO; Intertek Testing Service NA); www.intertek.com. 113. ISA - International Society of Automation (The); (Formerly: Instrumentation, Systems, and Automation Society); www.isa.org. 114. ISAS -Instrumentation, Systems, and Automation Society(The); (See ISA). 115. ISFA - International Surface Fabricators Association; (Formerly: International Solid Surface Fabricators Association); www.isfanow.org. 116. ISO -International Organization for Standardization; www.iso.org. 117. ISSFA -International Solid Surface Fabricators Association; (See ISFA). 118. ITU -International Telecommunication Union; www.itu.int/home. 119. KCMA - Kitchen Cabinet Manufacturers Association;www.kcma.org. 120. LMA - Laminating Materials Association; (See CPA). 121. LPI- Lightning Protection Institute; www.lightning.org. 122. MBMA- Metal Building Manufacturers Association; www.mbma.com. REFERENCES 014200 - 4 PROJECT#22845-R 1 i 123. MCA-Metal Construction Association;www.metalconstruction.org. 124. MFMA -Maple Flooring Manufacturers Association,Inc.; www.maplefloor.org. 125. MFMA- Metal Framing Manufacturers Association, Inc.; www.metalframingmfg.org. 126. MHIA-Material Handling Industry of America; www.mhia.org. 127. MIA- Marble Institute of America; www.marble-institute.com. 128. MMPA- Moulding&Millwork Producers Association; www.wmmpa.com. 129. MPI- Master Painters Institute; www.paintinfo.com. 130. MSS - Manufacturers Standardization Society of The Valve and Fittings Industry Inc.; www.mss-hq.org. 131. NAAMM - National Association of Architectural Metal Manufacturers; www.naamm.org. 132. NACE - NACE International; (National Association of Corrosion Engineers International); www.nace.org. 133. NADCA-National Air Duct Cleaners Association;www.nadca.com. 134. NAIMA -North American Insulation Manufacturers Association;www.naima.org. 135. NBGQA-National Building Granite Quarries Association,Inc.; www.nbgqa.com. 136. NBI-New Buildings Institute; www.newbuildings.org. 137. NCAA-National Collegiate Athletic Association(The);www.ncaa.org. 138. NCMA-National Concrete Masonry Association; www.ncma.org. 139. NEBB -National Environmental Balancing Bureau;www.nebb.org. 140. NECA-National Electrical Contractors Association;www.necanet.org. •• 141. NeLMA-Northeastern Lumber Manufacturers Association;www.nelma.org. 142. NEMA-National Electrical Manufacturers Association;www.nema.org. 143. NETA - InterNational Electrical Testing Association;www.netaworld.org. 144. NFHS -National Federation of State High School Associations;www.nfhs.org. 145. NFPA-National Fire Protection Association; www.nfpa.org. 146. NFPA-NFPA International; (See NFPA). 147. NFRC -National Fenestration Rating Council;www.nfrc.org. `"'t 148. NHLA-National Hardwood Lumber Association; www.nhla.com. 149. NLGA -National Lumber Grades Authority; www.nlga.org. 150. NOFMA -National Oak Flooring Manufacturers Association; (See NWFA). 151. NOMMA -National Ornamental &Miscellaneous Metals Association;www.nomma.org. 152. NRCA -National Roofing Contractors Association;www.nrca.net. 153. NRMCA-National Ready Mixed Concrete Association;www.nrmca.org. 154. NSF-NSF International;www.nsf.org. 155. NSPE-National Society of Professional Engineers;www.nspe.org. 156. NSSGA-National Stone, Sand& Gravel Association; www.nssga.org. •-` 157. NTMA-National Terrazzo&Mosaic Association, Inc. (The); www.ntma.com. 158. NWFA-National Wood Flooring Association; www.nwfa.org. 159. PCI -Precast/Prestressed Concrete Institute;www.pci.org. 160. PDI-Plumbing&Drainage Institute;www.pdionline.org. 161. PLASA - PLASA; (Formerly: ESTA - Entertainment Services and Technology Association); www.plasa.org. 162. RCSC - Research Council on Structural Connections;www.boltcouncil.org. 163. RFCI -Resilient Floor Covering Institute; www.rfci.com. 164. RIS - Redwood Inspection Service; www.redwoodinspection.com. 165. SAE- SAE International;www.sae.org. 1 166. SCTE- Society of Cable Telecommunications Engineers; www.scte.org. 167. SDI- Steel Deck Institute; www.sdi.org. 168. SDI - Steel Door Institute; www.steeldoor.org. 169. SEFA- Scientific Equipment and Furniture Association (The); www.sefalabs.com. REFERENCES 014200 - 5 .�•� PROJECT#22845-R 1 170. SEI/ASCE - Structural Engineering Institute/American Society of Civil Engineers; (See ASCE). 171. SIA- Security Industry Association;www.siaonline.org. 172. SJI- Steel Joist Institute; www.steeljoist.org. 173. SMA- Screen Manufacturers Association;www.smainfo.org. 174. SMACNA - Sheet Metal and Air Conditioning Contractors' National Association; www.smacna.org. 175. SMPTE- Society of Motion Picture and Television Engineers;www.smpte.org. 176. SPFA- Spray Polyurethane Foam Alliance;www.sprayfoam.org. 177. SPIB - Southern Pine Inspection Bureau; www.spib.org. 178. SPRI- Single Ply Roofing Industry; www.spri.org. 179. SRCC - Solar Rating&Certification Corporation;www.solar-rating.org. 180. SSINA- Specialty Steel Industry of North America; www.ssina.com. 181. SSPC- SSPC: The Society for Protective Coatings; www.sspc.org. 182. STI- Steel Tank Institute;www.steeltank.com. 183. SWI - Steel Window Institute;www.steelwindows.com. 184. SWPA - Submersible Wastewater Pump Association; www.swpa.org. 185. TCA- Tilt-Up Concrete Association; www.tilt-up.org. 186. TCNA- Tile Council of North America,Inc.;www.tileusa.com. 187. TEMA- Tubular Exchanger Manufacturers Association, Inc.;www.tema.org. 188. TIA - Telecommunications Industry Association (The); (Formerly: TIA/EIA - Telecommunications Industry Association/Electronic Industries Alliance); www.tiaonline.org. 189. TIA/EIA- Telecommunications Industry Association/Electronic Industries Alliance; (See TIA). 190. TMS - The Masonry Society;www.masonrysociety.org. 191. TPI- Truss Plate Institute;www.tpinst.org. 192. TPI- Turfgrass Producers International;www.turfgrasssod.org. 193. TRI -Tile Roofing Institute; www.tileroofing.org. 194. UL-Underwriters Laboratories Inc.; www.ul.com. Nem 195. UNI-Uni-Bell PVC Pipe Association; www.uni-bell.org. 196. USAV-USA Volleyball; www.usavolleyball.org. 197. USGBC -U.S. Green Building Council; www.usgbc.org. L, 198. USITT-United States Institute for Theatre Technology, Inc.;www.usitt.org. 199. WASTEC - Waste Equipment Technology Association; www.wastec.org. 200. WCLIB - West Coast Lumber Inspection Bureau;www.wclib.org. 201. WCMA- Window Covering Manufacturers Association;www.wcmanet.org. Woo 202. WDMA- Window&Door Manufacturers Association; www.wdma.com. 203. WI- Woodwork Institute; www.wicnet.org. 204. WSRCA- Western States Roofing Contractors Association; www.wsrca.com. 205. WWPA- Western Wood Products Association; www.wwpa.org. B. Code Agencies: Where abbreviations and acronyms are used in Specifications or other Contract r•. Documents, they shall mean the recognized name of the entities in the following list. This information is believed to be accurate as of the date of the Contract Documents. 1.. 1. DIN-Deutsches Institut fur Normung e.V.; www.din.de. 2. IAPMO - International Association of Plumbing and Mechanical Officials; www.iapmo.org. L. I 3. ICC - International Code Council; www.iccsafe.org. 4. ICC-ES - ICC Evaluation Service,LLC; www.icc-es.org. REFERENCES 014200- 6 PROJECT#22845-R C. Federal Government Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Information is subject to change and is up to date as of the date of the Contract Documents. 1. COE-Army Corps of Engineers; www.usace.army.mil. 2. CPSC - Consumer Product Safety Commission;www.cpsc.gov. 3. DOC - Department of Commerce; National Institute of Standards and Technology; www.nist.gov. 4. DOD -Department of Defense; www.quicksearch.dla.mil. AIN 5. DOE- Department of Energy; www.energy.gov. 6. EPA-Environmental Protection Agency;www.epa.gov. 7. FAA-Federal Aviation Administration; www.faa.gov. 8. FG- Federal Government Publications; www.gpo.gov/fdsys. 9. GSA- General Services Administration; www.gsa.gov. 10. HUD -Department of Housing and Urban Development; www.hud.gov. 11. LBL - Lawrence Berkeley National Laboratory; Environmental Energy Technologies Division; www.eetd.lbl.gov. 12. OSHA-Occupational Safety&Health Administration; www.osha.gov. 13. SD- Department of State;www.state.gov. 14. TRB - Transportation Research Board; National Cooperative Highway Research Program; The National Academies; www.trb.org. 15. USDA - Department of Agriculture; Agriculture Research Service; U.S. Salinity Laboratory; www.ars.usda.gov. 16. USDA -Depaitment of Agriculture; Rural Utilities Service;www.usda.gov. 17. USDOJ- Department of Justice; Office of Justice Programs;National Institute of Justice; www.ojp.usdoj.gov. 18. USP-U.S. Pharmacopeial Convention;www.usp.org. 19. USPS -United States Postal Service;www.usps.com. D. Standards and Regulations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the standards and regulations in the following list. This information is subject to change and is believed to be accurate as of the date of the Contract Documents. 1. CFR - Code of Federal Regulations; Available from Government Printing Office; www.gpo.gov/fdsys. 2. DOD - Department of Defense; Military Specifications and Standards; Available from DLA Document Services;www.quicksearch.dla.mil. 3. DSCC - Defense Supply Center Columbus; (See FS). 4. FED-STD-Federal Standard; (See FS). 5. FS - Federal Specification; Available from DLA Document Services; www.quicksearch.dla.mil. a. Available from Defense Standardization Program; www.dsp.dla.mil. b. Available from General Services Administration;www.gsa.gov. c. Available from National Institute of Building Sciences/Whole Building Design Guide; www.wbdg.org/ccb. 6. MILSPEC - Military Specification and Standards; (See DOD). 1 7. USAB - United States Access Board; www.access-board.gov. 8. USATBCB - U.S. Architectural & Transportation Barriers Compliance Board; (See "+ USAB). a � REFERENCES 014200 - 7 •� PROJECT#22845-R 1 E. State Government Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. This information is subject to change and is believed to be accurate as of the date of the Contract Documents. 1. CBHF; State of California; Department of Consumer Affairs; Bureau of Electronic and Appliance Repair,Home Furnishings and Thermal Insulation;www.bearhfti.ca.gov. 2. CCR; California Code of Regulations; Office of Administrative Law; California Title 24 Energy Code;www.calregs.com. 3. CDHS; California Department of Health Services; (See CDPH). 4. CDPH; California Department of Public Health; Indoor Air Quality Program;www.cal- iaq.org. 5. CPUC; California Public Utilities Commission;www.cpuc.ca.gov. 6. SCAQMD; South Coast Air Quality Management District;www.aqmd.gov. L. 7. TFS; Texas A&M Forest Service; Sustainable Forestry and Economic Development; www.txforestservice.tamu.edu. END OF SECTION 014200 REFERENCES 014200 - 8 PROJECT#22845-R SECTION 015000- TEMPORARY FACILITIES AND CONTROLS 015000 PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes requirements for temporary utilities, support facilities, and security and protection facilities. 1.3 USE CHARGES A. General: Installation and removal of and use charges for temporary facilities shall be included in the Contract Sum unless otherwise indicated. Allow other entities engaged in the Project to use temporary services and facilities without cost, including, but not limited to, Owner's construction forces, Architect, occupants of Project, testing agencies, and authorities having jurisdiction. 0..111 B. Water and Sewer Service from Existing System: Water from Owner's existing water system is available for use without metering and without payment of use charges. Provide connections and extensions of services as required for construction operations. C. Electric Power Service from Existing System: Electric power from Owner's existing system is available for use without metering and without payment of use charges. Provide connections and extensions of services as required for construction operations. 1.4 INFORMATIONAL SUBMITTALS A. Project Identification and Temporary Signs: Show fabrication and installation details, including plans, elevations, details, layouts,typestyles, graphic elements, and message content. B. Fire-Safety Program: Show compliance with requirements of NFPA 241 and authorities having ..t jurisdiction. Indicate Contractor personnel responsible for management of fire-prevention { program. 1 1.5 QUALITY ASSURANCE A. Electric Service: Comply with NECA, NEMA, and UL standards and regulations for temporary electric service. Install service to comply with NFPA 70. B. Tests and Inspections: Arrange for authorities having jurisdiction to test and inspect each temporary utility before use. Obtain required certifications and permits. TEMPORARY FACILITIES AND CONTROLS 015000 - 1 •- PROJECT#22845 1.6 PROJECT CONDITIONS .. A. Temporary Use of Permanent Facilities: Engage Installer of each permanent service to assume responsibility for operation, maintenance, and protection of each permanent service during its use as a construction facility before Owner's acceptance, regardless of previously assigned responsibilities. PART 2 -PRODUCTS 2.1 MATERIALS A. Polyethylene Sheet: Reinforced, fire-resistive sheet, 10-mil minimum thickness, with flame- spread rating of 15 or less per ASTM E 84 and passing NFPA 701 Test Method 2. B. Dust-Control Adhesive-Surface Walk-Off Mats: Provide mats minimum 36 by 60 inches. L C. Insulation: Unfaced mineral-fiber blanket, manufactured from glass, slag wool, or rock wool; with maximum flame-spread and smoke-developed indexes of 25 and 50, respectively. Imar 2.2 TEMPORARY FACILITIES A. Field Offices, General: Prefabricated or mobile units with serviceable finishes, temperature controls, and foundations adequate for normal loading. B. Common-Use Field Office: Of sufficient size to accommodate needs of Owner, Architect, and construction personnel office activities and to accommodate Project meetings specified in other Division 01 Sections.Keep office clean and orderly.Furnish and equip offices as follows: 2.3 EQUIPMENT A. Fire Extinguishers: Portable, UL rated; with class and extinguishing agent as required by locations and classes of fire exposures. B. HVAC Equipment: Unless Owner authorizes use of permanent HVAC system, provide vented, self-contained, liquid-propane-gas or fuel-oil heaters with individual space thermostatic control. 1. Use of gasoline-burning space heaters, open-flame heaters, or salamander-type heating units is prohibited. 2. Heating Units: Listed and labeled for type of fuel being consumed, by a qualified testing agency acceptable to authorities having jurisdiction, and marked for intended location and application. 3. Permanent HVAC System: If Owner authorizes use of permanent HVAC system for temporary use during construction, provide filter with MERV of 8 at each return-air grille �.. in system and remove at end of construction. Woe hno TEMPORARY FACILITIES AND CONTROLS 015000- 2 PROJECT#22845 PART 3 -EXECUTION 3.1 TEMPORARY FACILITIES, GENERAL A. Conservation: Coordinate construction and use of temporary facilities with consideration given to conservation of energy, water, and materials. Coordinate use of temporary utilities to minimize waste. OMR 3.2 INSTALLATION, GENERAL A. Locate facilities where they will serve Project adequately and result in minimum interference with performance of the Work. Relocate and modify facilities as required by progress of the Work. 1. Locate facilities to limit site disturbance as specified in Section 011000 "Summary." • _1 B. Provide each facility ready for use when needed to avoid delay. Do not remove until facilities are no longer needed or are replaced by authorized use of completed permanent facilities. 3.3 TEMPORARY UTILITY INSTALLATION A. General: Install temporary service or connect to existing service. 1. Arrange with utility company, Owner, and existing users for time when service can be interrupted, if necessary,to make connections for temporary services. B. Water Service: Connect to Owner's existing water service facilities. Clean and maintain water service facilities in a condition acceptable to Owner. At Substantial Completion, restore these facilities to condition existing before initial use. 1. Where installations below an outlet might be damaged by spillage or leakage, provide a drip pan of suitable size to minimize water damage. Drain accumulated water promptly from pans. C. Sanitary Facilities: Provide temporary toilets, wash facilities, and drinking water for use of construction personnel. Comply with requirements of authorities having jurisdiction for type, number, location, operation, and maintenance of fixtures and facilities. 1. Toilets: Use of Owner's existing toilet facilities will be permitted, as long as facilities are cleaned and maintained in a condition acceptable to Owner. At Substantial Completion, restore these facilities to condition existing before initial use. D. Temporary Heating and Cooling: Provide temporary heating and cooling required by construction activities for curing or drying of completed installations or for protecting installed construction from adverse effects of low temperatures or high humidity. Select equipment that will not have a harmful effect on completed installations or elements being installed. 1 TEMPORARY FACILITIES AND CONTROLS 015000 - 3 ►-� PROJECT#22845 1 1. Provide temporary dehumidification systems when required to reduce ambient and ._ substrate moisture levels to level required to allow installation or application of finishes and their proper curing or drying. 2. The Contractor will maintain working temperature of minimum 55 degrees F. in construction areas at all times except that during placing, setting and curing of interior masonry, concrete, plaster, gypsum board spackling, ceramic tile and similar work, the minimum temperature shall be 60 degrees F. During installation of interior millwork, wood and composition flooring, acoustic tile, painting and decorating and until the time the Owner assumes responsibility for the building, a minimum 60 degree F temperature shall be maintained. The Contractor will be back charged for excessive heat beyond this temperature after the time the Owner assumes the cost of energy consumption. The building will be brought to a temperature of 80 degrees F for a minimum of 96 hours continuously before any finish painting, floor covering, or ceiling tiles will be installed. During this time, there shall be a continuous movement of air throughout the areas to be .. finished to ensure that the moisture of construction is removed from the space E. Electric Power Service: Connect to Owner's existing electric power service. Maintain equipment in a condition acceptable to Owner. F. Lighting: Provide temporary lighting with local switching that provides adequate illumination for construction operations, observations, inspections, and traffic conditions. 1. Install and operate temporary lighting that fulfills security and protection requirements without operating entire system. 3.4 SUPPORT FACILITIES INSTALLATION Iram A. Traffic Controls: Comply with requirements of authorities having jurisdiction. 1. Protect existing site improvements to remain including curbs,pavement, and utilities. 2. Maintain access for fire-fighting equipment and access to fire hydrants. B. Parking: Use designated areas of Owner's existing parking areas for construction personnel. C. Project Signs: Provide Project signs as indicated. Unauthorized signs are not permitted. 1. Identification Signs: Provide Project identification signs as indicated on Drawings. 2. Temporary Signs: Provide other signs as indicated and as required to inform public and individuals seeking entrance to Project. a. Provide temporary,directional signs for construction personnel and visitors. 3. Maintain and touch up signs so they are legible at all times. ... 4. Install Architect's sign as provided by Architect. Attach to project fence or at other location as designated by Architect. At end of project, remove and store for Architect to collect. D. Waste Disposal Facilities: Provide waste-collection containers in sizes adequate to handle waste from construction operations. Comply with requirements of authorities having jurisdiction. :.. Comply with progress cleaning requirements in Section 017300 "Execution." TEMPORARY FACILITIES AND CONTROLS 015000 - 4 PROJECT#22845 E. Lifts and Hoists: Provide facilities necessary for hoisting materials and personnel. 1. Truck cranes and similar devices used for hoisting materials are considered "tools and equipment" and not temporary facilities. 3.5 SECURITY AND PROTECTION FACILITIES INSTALLATION A. Protection of Existing Facilities: Protect existing vegetation, equipment, structures, utilities, and -- other improvements at Project site and on adjacent properties, except those indicated to be removed or altered. Repair damage to existing facilities. 1. Where access to adjacent properties is required in order to affect protection of existing facilities, obtain written permission from adjacent property owner to access property for that purpose. B. Environmental Protection: Provide protection, operate temporary facilities, and conduct construction as required to comply with environmental regulations and that minimize possible air,waterway, and subsoil contamination or pollution or other undesirable effects. 1. Comply with work restrictions specified in Section 011000 "Summary." C. Security Enclosure and Lockup: Install temporary enclosure around partially completed areas of ^-� construction. Provide lockable entrances to prevent unauthorized entrance,vandalism,theft, and similar violations of security. Lock entrances at end of each workday. D. Barricades, Warning Signs, and Lights: Comply with requirements of authorities having jurisdiction for erecting structurally adequate barricades, including warning signs and lighting. E. Temporary Fire Protection: Install and maintain temporary fire-protection facilities of types -� needed to protect against reasonably predictable and controllable fire losses. Comply with NFPA 241; manage fire-prevention program. 1. Prohibit smoking in construction areas. Comply with additional limits on smoking specified in other Sections. 2. Supervise welding operations, combustion-type temporary heating units, and similar sources of fire ignition according to requirements of authorities having jurisdiction. 3. Develop and supervise an overall fire-prevention and -protection program for personnel at Project site. Review needs with local fire department and establish procedures to be followed. Instruct personnel in methods and procedures. Post warnings and information. 3.6 MOISTURE AND MOLD CONTROL A. Contractor's Moisture-Protection Plan: Describe delivery, handling, storage, installation, and protection provisions for materials subject to water absorption or water damage. 1. Indicate procedures for discarding water-damaged materials, protocols for mitigating water intrusion into completed Work, and replacing water-damaged Work. 2. Indicate sequencing of work that requires water, such as sprayed fire-resistive materials, .•� plastering, and terrazzo grinding, and describe plans for dealing with water from these operations. Show procedures for verifying that wet construction has dried sufficiently to permit installation of finish materials. 3. Indicate methods to be used to avoid trapping water in finished work. TEMPORARY FACILITIES AND CONTROLS 015000 - 5 .-� PROJECT#22845 B. Exposed Construction Period: Before installation of weather barriers,when materials are subject to wetting and exposure and to airborne mold spores,protect as follows: 1. Protect porous materials from water damage. 2. Protect stored and installed material from flowing or standing water. 3. Keep porous and organic materials from coming into prolonged contact with concrete. 4. Remove standing water from decks. 5. Keep deck openings covered or dammed. C. Partially Enclosed Construction Period: After installation of weather barriers but before full enclosure and conditioning of building, when installed materials are still subject to infiltration kvimr of moisture and ambient mold spores,protect as follows: 1. Do not load or install drywall or other porous materials or components, or items with high organic content, into partially enclosed building. 2. Keep interior spaces reasonably clean and protected from water damage. 3. Periodically collect and remove waste containing cellulose or other organic matter. 4. Discard or replace water-damaged material. — 5. Do not install material that is wet. 6. Discard and replace stored or installed material that begins to grow mold. 7. Perform work in a sequence that allows wet materials adequate time to dry before enclosing the material in gypsum board or other interior finishes. D. Controlled Construction Period: After completing and sealing of the building enclosure but prior to the full operation of permanent HVAC systems,maintain as follows: 1. Control moisture and humidity inside building by maintaining effective dry-in conditions. 2. Use temporary or permanent HVAC system to control humidity within ranges specified •- for installed and stored materials. 3. Comply with manufacturer's written instructions for temperature, relative humidity, and exposure to water limits. • a. Hygroscopic materials that may support mold growth, including wood and gypsum-based products, that become wet during the course of construction and remain wet for 48 hours are considered defective and require replacing. b. Measure moisture content of materials that have been exposed to moisture during construction operations or after installation. Record readings beginning at time of exposure and continuing daily for 48 hours. Identify materials containing moisture levels higher than allowed. Report findings in writing to Architect. c. Remove and replace materials that cannot be completely restored to their manufactured moisture level within 48 hours. 3.7 OPERATION, TERMINATION,AND REMOVAL A. Supervision: Enforce strict discipline in use of temporary facilities. To minimize waste and abuse, limit availability of temporary facilities to essential and intended uses. B. Maintenance: Maintain facilities in good operating condition until removal. 1. Maintain operation of temporary enclosures, heating, cooling, humidity control, ventilation, and similar facilities on a 24-hour basis where required to achieve indicated results and to avoid possibility of damage. TEMPORARY FACILITIES AND CONTROLS 015000 - 6 PROJECT#22845 10.4 C. Temporary Facility Changeover: Do not change over from using temporary security and protection facilities to permanent facilities until Substantial Completion. D. Termination and Removal: Remove each temporary facility when need for its service has ended, when it has been replaced by authorized use of a permanent facility, or no later than Substantial Completion. Complete or, if necessary, restore permanent construction that may have been delayed because of interference with temporary facility. Repair damaged Work, clean exposed surfaces, and replace construction that cannot be satisfactorily repaired. 1. Materials and facilities that constitute temporary facilities are property of Contractor. Owner reserves right to take possession of Project identification signs. 2. Remove temporary roads and paved areas not intended for or acceptable for integration into permanent construction. Where area is intended for landscape development, remove soil and aggregate fill that do not comply with requirements for fill or subsoil. Remove materials contaminated with road oil, asphalt and other petrochemical compounds, and other substances that might impair growth of plant materials or lawns. Repair or replace street paving, curbs, and sidewalks at temporary entrances, as required by authorities having jurisdiction. 3. At Substantial Completion, repair, renovate, and clean permanent facilities used during construction period. Comply with final cleaning requirements specified in Section 017700 "Closeout Procedures." END OF SECTION 015000 1 1 TEMPORARY FACILITIES AND CONTROLS 015000- 7 -•, PROJECT#22845 I� I SECTION 016000 -PRODUCT REQUIREMENTS 016000 PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements for selection of products for use in Project; product delivery, storage, and handling; manufacturers' standard warranties on products; special warranties; and comparable products. 1.3 DEFINITIONS A. Products: Items obtained for incorporating into the Work, whether purchased for Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment," "system," and terms of similar intent. 1. Named Products: Items identified by manufacturer's product name, including make or model number or other designation shown or listed in manufacturer's published product literature that is current as of date of the Contract Documents. 2. New Products: Items that have not previously been incorporated into another project or facility. Products salvaged or recycled from other projects are not considered new products. 3. Comparable Product: Product that is demonstrated and approved by Architect through submittal process to have the indicated qualities related to type, function, dimension, in- service performance, physical properties, appearance, and other characteristics that equal or exceed those of specified product. B. Basis-of-Design Product Specification: A specification in which a single manufacturer's product is named and accompanied by the words "basis-of-design product," including make or model number or other designation. In addition to the basis-of-design product description, product attributes and characteristics may be listed to establish the significant qualities related to type, function, in-service performance and physical properties, weight, dimension, durability, visual characteristics, and other special features and requirements for purposes of evaluating comparable products of additional manufacturers named in the specification. C. Subject to Compliance with Requirements: Where the phrase "Subject to compliance with requirements" introduces a product selection procedure in an individual Specification Section, provide products qualified under the specified product procedure. In the event that a named product or product by a named manufacturer does not meet the other requirements of the specifications, select another named product or product from another named manufacturer that does meet the requirements of the specifications. Submit a comparable product request, if applicable. 1 PRODUCT REQUIREMENTS 016000 - 1 PROJECT#22845-R 1.4 ACTION SUBMITTALS A. Comparable Product Request Submittal: Submit request for consideration of each comparable product. Identify basis-of-design product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles. 1. Include data to indicate compliance with the requirements specified in "Comparable Products"Article. 2. Architect's Action: If necessary, Architect will request additional information or documentation for evaluation within seven days of receipt of a comparable product request. Architect will notify Contractor of approval or rejection of proposed comparable product request within 15 days of receipt of request, or seven days of receipt of additional information or documentation,whichever is later. a. Form of Architect's Approval of Submittal: As specified in Section 013300 �. "Submittal Procedures." b. Use product specified if Architect does not issue a decision on use of a comparable product request within time allocated. Woo B. Basis-of-Design Product Specification Submittal: Comply with requirements in Section 013300 "Submittal Procedures." Show compliance with requirements. 1.5 QUALITY ASSURANCE A. Compatibility of Options: If Contractor is given option of selecting between two or more products for use on Project, select product compatible with products previously selected, even if previously selected products were also options. 1. Each contractor is responsible for providing products and construction methods compatible with products and construction methods of other contractors. 2. If a dispute arises between contractors over concurrently selectable but incompatible products,Architect will determine which products shall be used. B. Identification of Products: Except for required labels and operating data, do not attach or imprint manufacturer or product names or trademarks on exposed surfaces of products or equipment that will be exposed to view in occupied spaces or on the exterior. 1. Labels: Locate required product labels and stamps on a concealed surface, or, where .. required for observation following installation, on a visually accessible surface that is not conspicuous. 2. Equipment Nameplates: Provide a permanent nameplate on each item of service- connected or power-operated equipment. Locate on a visually accessible but inconspicuous surface. Include information essential for operation, including the following: a. Name of product and manufacturer. b. Model and serial number. c. Capacity. d. Speed. e. Ratings. 3. See individual identification sections in Divisions 21, 22, 23, and 26 for additional identification requirements. PRODUCT REQUIREMENTS 016000 - 2 PROJECT#22845-R • 1.6 PRODUCT DELIVERY, STORAGE,AND HANDLING --, A. Deliver, store, and handle products using means and methods that will prevent damage, deterioration, and loss, including theft and vandalism. Comply with manufacturer's written instructions. B. Delivery and Handling: 1. Schedule delivery to minimize long-term storage at Project site and to prevent overcrowding of construction spaces. 2. Coordinate delivery with installation time to ensure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses. 3. Deliver products to Project site in an undamaged condition in manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking,protecting, and installing. 4. Inspect products on delivery to determine compliance with the Contract Documents and to determine that products are undamaged and properly protected. C. Storage: 1. Store products to allow for inspection and measurement of quantity or counting of units. 2. Store materials in a manner that will not endanger Project structure. 3. Store products that are subject to damage by the elements, under cover in a weathertight enclosure above ground,with ventilation adequate to prevent condensation. 4. Protect foam plastic from exposure to sunlight, except to extent necessary for period of installation and concealment. 5. Comply with product manufacturer's written instructions for temperature, humidity, ventilation, and weather-protection requirements for storage. 6. Protect stored products from damage and liquids from freezing. 7. Provide a secure location and enclosure at Project site for storage of materials and — equipment by Owner's construction forces. Coordinate location with Owner. — 1.7 PRODUCT WARRANTIES A. Warranties specified in other Sections shall be in addition to, and run concurrent with, other warranties required by the Contract Documents. Manufacturer's disclaimers and limitations on product warranties do not relieve Contractor of obligations under requirements of the Contract Documents. 1. Manufacturer's Warranty: Written warrantyfurnished byin dividual manufacturer for a ty particular product and specifically endorsed by manufacturer to Owner. 2. Special Warranty: Written warranty required by the Contract Documents to provide --� specific rights for Owner. B. Special Warranties: Prepare a written document that contains appropriate terms and identification, ready for execution. 1. Manufacturer's Standard Form: Modified to include Project-specific information and properly executed. PRODUCT REQUIREMENTS 016000- 3 PROJECT#22845-R 2. Specified Form: When specified forms are included with the Specifications, prepare a oft.. written document using indicated form properly executed. 3. See other Sections for specific content requirements and particular requirements for submitting special warranties. C. Submittal Time: Comply with requirements in Section 017700 "Closeout Procedures." PART 2 - PRODUCTS 2.1 PRODUCT SELECTION PROCEDURES A. General Product Requirements: Provide products that comply with the Contract Documents, are undamaged and, unless otherwise indicated, are new at time of installation. Imo 1. Provide products complete with accessories, trim, finish, fasteners, and other items needed for a complete installation and indicated use and effect. ,. 2. Standard Products: If available, and unless custom products or nonstandard options are specified, provide standard products of types that have been produced and used successfully in similar situations on other projects. 3. Owner reserves the right to limit selection to products with warranties meeting requirements of the Contract Documents. 4. Where products are accompanied by the term "as selected," Architect will make selection. Imo 5. Descriptive, performance, and reference standard requirements in the Specifications establish salient characteristics of products. 6. Or Equal: For products specified by name and accompanied by the term "or equal," or "or approved equal," or "or approved," comply with requirements in "Comparable Products" Article to obtain approval for use of an unnamed product. km, a. Submit additional documentation required by Architect in order to establish equivalency of proposed products. Evaluation of"or equal" product status is by the Architect,whose determination is final. B. Product Selection Procedures: 1. Limited List of Products: Where Specifications include a list of names of both .. manufacturers and products, provide one of the products listed that complies with requirements. Comparable products or substitutions for Contractor's convenience will be considered. a. Limited list of products may be indicated by the phrase: "Subject to compliance with requirements,provide one of the following: ..." �.. 2. Non-Limited List of Products: Where Specifications include a list of names of both available manufacturers and products, provide one of the products listed, or an unnamed product, which complies with requirements. r� a. Non-limited list of products is indicated by the phrase: "Subject to compliance with requirements, available products that may be incorporated in the Work include, but are not limited to,the following: ..." PRODUCT REQUIREMENTS 016000 - 4 PROJECT#22845-R 3. Limited List of Manufacturers: Where Specifications include a list of manufacturers' names, provide a product by one of the manufacturers listed that complies with requirements. Comparable products or substitutions for Contractor's convenience will be considered unless otherwise indicated. a. Limited list of manufacturers is indicated by the phrase: "Subject to compliance with requirements,provide products by one of the following: ..." 4. Non-Limited List of Manufacturers: Where Specifications include a list of available manufacturers, provide a product by one of the manufacturers listed, or a product by an unnamed manufacturer,which complies with requirements. a. Non-limited list of manufacturers is indicated by the phrase: "Subject to compliance with requirements, available manufacturers whose products may be incorporated in the Work include, but are not limited to,the following: ..." 5. Basis-of-Design Product: Where Specifications name a product, or refer to a product indicated on Drawings, and include a list of manufacturers, provide the specified or indicated product or a comparable product by one of the other named manufacturers. Drawings and Specifications indicate sizes, profiles, dimensions, and other characteristics that are based on the product named. Comply with requirements in "Comparable Products" Article for consideration of an unnamed product by one of the other named manufacturers. a. For approval of products by unnamed manufacturers, comply with requirements in Section 012500 "Substitution Procedures" for substitutions for convenience. C. Visual Matching Specification: Where Specifications require "match Architect's sample," provide a product that complies with requirements and matches Architect's sample. Architect's decision will be final on whether a proposed product matches. 1. If no product available within specified category matches and complies with other specified requirements, comply with requirements in Section 012500 "Substitution Procedures" for proposal of product. D. Visual Selection Specification: Where Specifications include the phrase "as selected by Architect from manufacturer's full range" or similar phrase, select a product that complies with requirements. Architect will select color, gloss, pattern, density, or texture from manufacturer's product line that includes both standard and premium items. 1 2.2 COMPARABLE PRODUCTS A. Conditions for Consideration of Comparable Products: Architect will consider Contractor's request for comparable product when the following conditions are satisfied. If the following conditions are not satisfied, Architect may return requests without action, except to record noncompliance with these requirements: 1. Evidence that proposed product does not require revisions to the Contract Documents, is consistent with the Contract Documents, will produce the indicated results, and is compatible with other portions of the Work. Detailed comparison of significant qualities of proposed product with those named in the Specifications. Significant product qualities include attributes such as type, function, in-service performance and physical properties, weight, dimension, durability, visual characteristics, and other specific features and requirements. PRODUCT REQUIREMENTS 016000 - 5 PROJECT#22845-R 2. Evidence that proposed product provides specified warranty. 3. List of similar installations for completed projects with project names and addresses and names and addresses of architects and owners, if requested. 4. Samples, if requested. B. Submittal Requirements: Approval by the Architect of Contractor's request for use of comparable product is not intended to satisfy other submittal requirements. Comply with specified submittal requirements. PART 3 - EXECUTION (Not Used) END OF SECTION 016000 Ims inmi him Wig tmo rue +I� � 4 PRODUCT REQUIREMENTS 016000 - 6 PROJECT#22845-R PRODUCT SUBSTITUTION FORM EMAIL TO PROJECT ARCHITECT: dan.channer@is-grp.com ISG 314 E. 4TH STREET WATERLOO,IA 50703 TEL: (319)234-1515 PROJECT#22845-R: RIVERLOOP PUBLIC MARKET FIRE SURPRESSION FOR THE CITY OF WATERLOO,IOWA We hereby submit for your consideration the following product as substitute for specified item for the above project: SECTION PAGE PARAGRAPH/LINE SPECIFIED ITEM Proposed Substitution: Attach complete product description, drawings,photographs, performance and test data, warranty, information and other information necessary for evaluation. Identify specific model numbers,finishes, options,etc. A. Will changes be required to building design or drawing dimensions in order to properly install proposed substitution? Yes_No . If yes,explain. B. Will the undersigned pay for changes to the building design,including engineering and drawings costs,caused by requested substitution? Yes No . C. Differences between proposed substitution and specified item. D. What affect does substitution have on other trades? E. Does manufacturer's warranty of the proposed substitution differ from that specified? Yes No . If yes,explain Submitted by: For architect's use only: Signature Accepted _Accepted As Noted Not accepted Received too Late Firm By: Address Date: Date: Remarks: TELEPHONE: FAX: EMAIL: