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R-01-04-26-14F1 - 4/26/2001RESOLUTION NO. R- 01- 04- 26 -14F1 WHEREAS, a mold infestation in the Clay Madsen Recreation Center locker room caused unforeseen damage to the property, and WHEREAS, repair and remediation of the property is necessary because of said unforeseen damage, and WHEREAS, competitive bids were not taken pursuant to Section 252.022(a)(3) of the Local Government Code, and WHEREAS, FTWOODS Construction Services, Inc. has submitted a contract to perform the necessary remediation, and WHEREAS, the City Council wishes to enter into said contract with FTWOODS Construction Services, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on •i behalf of the City a contract with FTWOODS Construction Services, Inc. for repair and remediation of the locker room at the Clay Madsen Recreation Center. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act;y 551, Texas Government Code, as amended, and the Act. RESOLVED this 26th day of Apr LAND, City Secretary O \ RPDOCS \R6SOLVY6 \ &10416Y1.RPD /ec L r • dikki r / RVT'T A. STLUKA, ''., Mayor City of Round Rock, Texas DATE: April 20, 2001 SUBJECT: City Council Meeting — April 26, 2001 • ITEM: 14.F.1. Consider a resolution authorizing the Mayor to execute a contract with FTWOODS Construction Services, Inc. for repair and remediation of the locker room at the Clay Madsen Recreation Center. These improvements are for the removal and reconstruction of portions of walls in the locker rooms and one hallway in the Clay Madsen Recreation Center. Resource: Sharon Prete, Parks and Recreation Director History: Due to the method of cleaning the Clay Madsen Recreation Center locker rooms, a mold problem was created. When discovered, immediate action was taken to inform and safeguard rec. center patrons. As the last step in the remediation process we will tear out "moldy" dry wall and replace it with concrete block. This process will take approximately one month to complete, but will not cause the center to close. Funding: Cost: $113,900.00 Source of funds: Clay Madsen Recreation Center Budget Outside Resources: Rosengarten, Smith & Associates Inc. was hired to determine the severity of the problem and recommend actions to be taken. Impact: If not addressed, the problem will worsen and could cause harm to patrons and staff due to air quality issues. Benefit: This action will correct the problems and will allow us to adequately clean the locker room floor. Public Comment: When the problem was discovered, patrons and staff were informed. Sponsor: PARD Because this is a health, safety, and welfare issue the City Attorney has advised PARD that state law allows the City to hire a contractor without going through the bid process. 4- 23 -01; 6:40AM:HOWAR0 COWAN 6040 1 1 1 April 23, 2001 1 Attn: Sharon Prete City of Round Rock 221 East Main Round Rock, Texas 78664 RE: The Clay Madsen Recreation Center Locker Room Renovations To Whom It May Concern: .1 1 1 1 1 //a.A/ Howard Cowan 1 1 1 Sincerely, 11 6) 722 -BOND (2663) 6) 722 -2662 FAX Attorney -in -Fact F C SI HOWARD COWAN BOND AGENCY, INC. 7814 Orlando Ave. 79423 P. 0. Box 54020 Lubbock, Texas 79453 -4020 I am pleased to write this letter on behalf of FTWoods Construction Services, Inc. concerning its potential selection as contractor on the Clay Madsen Recreation Center Locker Room Renovations. If selected, Safeco Insurance Company of America will write the statutory performance and payment bonds. Safeco writes the surety bonds needed by FTWoods Construction Services, Inc. and the Safeco underwriters regard this organization as one of their flagship accounts in Texas. Safeco has recently bonded FTWoods Construction on the 814,000,000 middle school for Georgetown Middle School and will !- bond the approximately 815,000,000 Juvenile Justice Center for. Williamson County when F the contract is finalized. Of course, FTWoods Construction has performed all of the work at Georgetown Hospital over the past decade. We believe that FTWoods Construction Services, Inc. would be an excellent choicc for the Clay Madsen Recreation Center Locker Room Renovations. They will deliver a quality construction project in a timely and economical manner. Please call us if you need any additional information on this outstanding company. ;806 722 2662 a 3/ 3 howarcIcowan@techtelephone.net marlahill@techtelephone.net CLAY MADSEN INDOOR RECREATION CENTER Locker Room Renovation of IIPNE ROUND ROCK, TEXAS March 12, 2001 PROJECT MANUAL SPECIFICATIONS SPENCER GODFREY ARCHITECTS 1106 SOUTH MAYS, SUITE 120 ROUND ROCK, TEXAS 78664 512/388 -0677 SET NO. PROJECT MANUAL FOR CLAY MADSEN INDOOR RECREATION CENTER LOCKER ROOM RENOVATION SPENCER GODFREY ARCHITECTS 1106 SOUTH MAYS, SUITE 120 ROUND ROCK, TEXAS 78664 March 12, 2001 IC EL ODFREY TEXAS REGISTRATION NUMBER 12870 THIS IS A BLANK PAGE INDEX OF DIVISION 0 00020 INVITATION TO BID 00100 INSTRUCTIONS TO BIDDERS 00221 OWNER'S /ARCHITECT'S DISCLAIMER 00300 BID TENDER FORMS 00310 BID FORM 00400 SUPPLEMENTS TO BID FORMS 00430 SUBCONTRACTOR LISTING 00470 COST BREAKDOWN 005000 AGREEMENT FORMS 00600 BONDS AND CERTIFICATES 00650 CERTIFICATES OF INSURANCE 00660 CERTIFICATE OF COMPLIANCE WITH APPLICABLE LAWS & REGULATIONS 00700A GENERAL CONDITIONS — AIA (1997) 00851 INDEX OF DRAWINGS 00900 ADDENDA AND MODIFICATIONS INDEX OF DIVISION 1 01011 SUMMARY OF PROJECT 01020 ALLOWANCES 01023 CONTINGENCY /PROJECT BETTERMENT ALLOWANCE 01040 COORDINATION 01045 CUTTING AND PATCHING 01060 REGULATORY REQUIREMENTS 01061(S) BUILDING CODES 01150 MEASUREMENT AND PAYMENT 01152 APPLICATION FOR PAYMENT 01153 CHANGE ORDER PROCEDURES TABLE OF CONTENTS 01370 SCHEDULE OF VALUES 01400 QUALITY CONTROL 01600 MATERIAL AND EQUIPMENT 01610 TRANSPORTATION AND HANDLING 01700 CONTRACT CLOSEOUT 01710 CLEANING Table of Contents -1 INDEX OF DIVISION 2 02220 DEMOLITION INDEX OF DIVISION 3 NOT USED INDEX OF DIVISION 4 04050 MASONRY PROCEDURES 04100 MORTAR 04160 JOINT REINFORCEMENT 04200 UNIT MASONRY 04220 CONCRETE UNIT MASONRY INDEX OF DIVISION 5 NOT USED INDEX OF DIVISION 6 NOT USED INDEX OF DIVISION 7 07900 •SEALANTS INDEX OF DIVISION 8 NOT USED INDEX OF DIVISION 9 09110 NON -LOAD BEARING WALL FRAMING SYSTEMS 09203 METAL FURRING AND LATHING 09250 GYPSUM WALLBOARD 09260 GYPSUM WALLBOARD SYSTEMS 09280 GYPSUM WALLBOARD ACCESSORIES 09900 PAINTING 09920 INTERIOR PAINTING 09950 WALL COVERING 09952 VINYL WALL COVERING 09990 ADHESIVES Table of Contents - 2 INDEX OF DIVISION 10 NOT USED INDEX OF DIVISION 11 NOT USED INDEX OF DIVISION 12 NOT USED INDEX OF DIVISION 13 NOT USED INDEX OF DIVISION 14 NOT USED INDEX OF DIVISION 15 NOT USED INDEX OF DIVISION 16 NOT USED END OF SECTION Table of Contents - 3 THIS IS A BLANK PAGE • Table of Contents - 4 ARCHITECT: Spencer Godfrey Architects . 1106 South Mays, Suite 100 Round Rock, Texas 78664 Telephone: (512) 388 -0677 PROJECT: Clay Madsen Indoor Recreation Center Locker Room Renovation ARCHITECT PROJECT NUMBER: 01 -003 BID DATE AND TIME: April 20, 2001 at 2:00 PM CST BID OPENING LOCATION: Round Rock City Council Chambers 221 E. Main Street Round Rock, Texas 78664 ADDRESS BIDS TO: DOCUMENT 00020 INVITATION TO BID Sharon Prete Parks and Recreation Director City of Round Rock 221 E. Main Street Round Rock, Texas 78664 THIS BID INVITATION IS ADDRESSED TO: F.T. Woods Construction THE PROJECT: The scope of the work and character of the project is described by the contract documents consisting of the plans and specifications prepared by the Architect A SEALED BID from general contractors for the referenced project will be received at, or prior to, the date and time indicated, and at the location specified above. Bids will be opened and read aloud. Due to space limitations, it is requested that only invited bidding general contractors attend and not bidding sub - contractors. BIDS shall be submitted in accordance with instructions contained in the "Instructions To Bidders" Document 00100. The Bid Security specified must accompany the bid. CONTRACT DOCUMENTS may be obtained from the office of the Architect. BIDS shall be valid for a period of not less than FORTY -FIVE (45) from the date of the bid opening. THE OWNER reserves the right to reject any or all bids, to waive any formalities of the bidding, and to require evidence of qualifications of prime bidders and listed subcontractor bidders, to include financial statements. END OF DOCUMENT Section 00020 -1 THIS IS A BLANK PAGE Section 00020 -2 PART1 SUMMARY 1.01 DOCUMENT INCLUDES A. Invitation 1. Bid Submission 2. " Intent 3. Work Identified in the Contract Documents 4. Contract Time B. Bid Documents and Contract Documents 1. Definitions 2. Contract Documents Identification 3. Availability 4. Examination 5. Queries /Addenda 6. Product/System Substitutions C. Site Assessment 1. Site Examination D. Qualifications 1. Pre - qualification 2 Subcontractors /Suppliers /Others E. Bid Submission 1. Bid Depository 2. Bid Ineligibility 3. Submission Procedures F. Bid Enclosures /Requirements 1. Security Deposit 2. Insurance 3. Bid Form Requirements 4. Bid Form Signature 5. Additional Bid Information G. Offer Acceptance /Rejection 1. Duration of offer 2. Acceptance of Offer DOCUMENT 00100 INSTRUCTIONS TO BIDDERS 1.02 RELATED DOCUMENTS A. Document 00221 - Owner's /Architects Disclaimer B. Document 00300 - Bid Tender Forms. C. Document 00310 — Bid Form Section 00100 -1 D. Document 00400 - Supplements to Bid Form. E. Document 00410 — Bid Security Form F. Document 00430 - Subcontractor Listing G. Document 00470 - Cost of Breakdown H. Document 00800 - Supplementary Conditions PART 2 INVITATION 2.01 BID SUBMISSION A. Bids signed and under seal, executed, and dated, for the Clay Madsen Indoor Recreation Center, Locker Room Renovation, will be received by the Owner at the Round Rock City Council Chambers, 221 E. Main Street, Round Rock, Texas 78664 on or before 2:00 PM CST (local time) on the 20th day of April 2001. B. Offers submitted after the above time will be rejected. C. F.T. WoodsConstruction shall submit documents 00430 - Subcontractor Listing, 00470 - Cost Breakdown within 24 hours after bid opening. D. Bid will be opened publicly immediately after the stipulated time for receipt of Bids. 2.02 INTENT A. The intent of this Bid request is to obtain an offer to perform (Locker Room Renovation at the Clay Madsen Recreation Center for the City of Round Rock) located at 1600 Gattis School Road, Round Rock, Texas 78664 for a Fixed Sum Amount, in accordance with the Contract Documents. 2.03 WORK IDENTIFIED IN THE CONTRACT DOCUMENTS A. Work of this proposed Contract comprises general construction. 2.04 CONTRACT TIME A Identify Contract Time in the Bid Form. The completion date in the Agreement shall be the Contract Time added to the Commencement Date. The Commencement Date shall be the date indicated on the written Owner's Notice to Proceed. B. The Owner requires that the Work of this contract be completed as quickly as possible. Consideration will be given to time of completion when reviewing the submitted Bids. Section 00100 -2 PART 3 BID DOCUMENTS AND CONTRACT DOCUMENTS 3.01 DEFINITIONS A. Bid Documents: Contract Documents supplemented with Invitation to Bid, Instructions to Bidders, Information Available to Bidders, Bid Form and Appendix A, Supplements to Bid Forms and Appendices, Bid Securities, identified herein. B Contract Documents: Defined in AIA A201 Article 1 including issued Addenda C. Bid, Offer, or Bidding: Act of submitting an offer under seal. D. Bid Price: Monetary sum identified by the Bidder in the Bid Form. 3.02 CONTRACT DOCUMENTS IDENTIFICATION A. The Contract Documents are identified as Project Number: 01 -003 as prepared by the Architect, and included herein. 3.03 AVAILABILITY A. Bid Documents may be obtained at the office of the Architect located at 1106 S. Mays, Suite 120, Round Rock, Texas 78664, (512) 388 -0677. B. Bid Documents are made available only for the purpose of obtaining offers for this project. Their use does not grant a license for other purposes. 3.04 EXAMINATION A. Bid Documents may be viewed at the office of the Architect, by appointment only. B. Upon receipt of Bid Documents verify that documents are complete. Notify Architect should the documents appear to be incomplete. C Immediately notify the Architect upon finding discrepancies, conflicting information, or omissions in the Bid Documents. 3.05 QUERIES /ADDENDA A Direct questions to the Architect, telephone: (512) 388 -0677. Refer 3.05 -C. B. Addenda may be issued during the Bidding period. All Addenda become part of the Contract Documents. Include resultant costs in the Bid Price. C. Verbal answers or clarifications are not binding on any party. Section 00100 -3 3.06 PRODUCT /SYSTEM SUBSTITUTIONS A. Where the Bid Documents stipulate a particular Product, substitutions will not be considered by the Architect. The intent is to match existing materials, colors, finishes, etc. PART 4 SITE ASSESSMENT 4.01 SITE EXAMINATION - A. Examine the project site before submitting a Bid. PART 5 QUALIFICATIONS 5.01 EVIDENCE OF QUALIFICATIONS A. EACH GENERAL CONTRACTOR will determine the qualifications of prospective subcontractors 5.02 SUBCONTRACTORS /SUPPLIERS /OTHERS A. The Owner reserves the right to reject a proposed Subcontractor for reasonable cause. PART 6 BID SUBMISSION 6.01 SUBMISSION PRODECURE A. Bidders shall be solely responsible for the delivery of their Bids in the manner and time prescribed. B. Submit TWO COPIES of the executed offer on the Bid Forms provided, signed and sealed with the required security in a closed opaque envelop, clearly identified with GENERAL CONTRACTOR'S name, project name, and Owner's name on the outside. C Improperly completed information, or irregularities in security deposit/bid bond, shall be cause to declare the Bid invalid. PART 7 BID ENCLOSURES /REQUIREMENTS 7.01 BID FORM REQUIREMENTS A Complete all requested information in the Bid Form and Appendices. 7.02 BID FORM SIGNATURE A. The Bid Form shall be signed by the Bidder, as follows: 1. Sole Proprietorship: Signature of sole proprietor in the presence of a Notary Public who will also sign. Insert the words "Sole Proprietor" under the signature. Affix Notary Public seal - 2. Partnership: Signature of all partners in the presence of a Notary Public who will also sign. Insert the word "Partner" under each signature. Affix Notary Public seal. 3. Corporation: Signature of a duly authorized signing officer(s) in their normal signatures. Insert the officer's capacity in which the signing officer acts under each signature. Affix the corporate seal. Section 00100 -4 PART 8 OFFER ACCEPTANCE /REJECTION 8.01 DURATION OF OFFER A. Bids shall remain open to acceptance and shall be irrevocable for a period of forty -five (45) days after the Bid closing date. 8.02 ACCEPTANCE OF OFFER A The Owner reserves the right to accept or reject any or all offers. B. After acceptance by the Owner, the Architect on behalf of the Owner, will issue to the successful Bidder, a written Bid Acceptance. END OF DOCUMENT Section 00100 -5 THIS IS A BLANK PAGE Section 00100 -6 THIS PAGE IS BLANK Section 00221 -2 SECTION 00300 BID TENDER FORMS PART 1 SUMMARY 1.01 REQUIREMENTS A. The General Contract Bidder must submit his bid on the form identified herein. B No alterations to the bid form are allowed. C. All blanks or spaces requiring information from the bidder must be completed fully. D. Any identified Appendices to the Bid Form, stipulated in the Instructions To Bidders shall be completed as required and included as part of the Bid Tender Form. 1.02 RELATED DOCUMENTS A Document 00020 - Invitation to Bid B. Document 00100 - Instructions to Bidders C. Document 00310 - Bid Forms D. Document 00400 - Supplements to Bid/Tender Forms END OF DOCUMENT Section 00300 -1 THIS IS A BLANK PAGE Section 00300 -2 To: Sharon Prete Parks and Recreation Director City of Round Rock 221 E. Main Street Round Rock, Texas 78664 DOCUMENT 00310 BID FORM Project: Clay Madsen Indoor Recreation Center Locker Room Renovation Date: /z%i Submitted by: (full name) nZvOC Cn,t/Sr2czT)o (full address) P.D. 0Ox !zz eoP...c,exoui IJ T X 766z7 1. OFFER The undersigned, in compliance with your Invitation To Bid, having examined the Place of the Work and all matters referred to in the Instructions to Bidders and the Contract Documents prepared by Spencer Godfrey Architects, for the above mentioned project, and being familiar with all of the conditions surrounding the construction of the proposed work propose to furnish all labor, material, equipment and supplies and to construct the project in accordance with the Contract Documents, within the time frame herein stipulated, and for the price set forth below. This price is to cover all expenses incurred in performing the work required under the Contract Documents, of which this proposal is a part. Bidder hereby agrees to perform all of the work described in the Specifications and illustrated on the Drawings for a fixed sum (stipulated price) of tihfkli260 THtxrsf+NO 41I11Jg—jlu a tt) ($ I13 , oo ) including associated profit and overhead. STATEMENT OF SEPARATE CHARGES: Materials. $ 2p000 , O0 All other Charges: (Labor, etc.) $ 1-3,61(90.01; Total: (total Stipulated Sum) $ I ';, c1©O .0a THE BIDDER UNDERSTANDS THAT TIME IS OF THE ESSENCE TO THE OWNER REGARDING THE COMPLETION OF THE WORK ASSOCIATED WITH THIS CONTRACT. BOTH THE BIDDER'S STIPULATED SUM AND TIME FOR COMPLETION WILL BE CONSIDERED IN DETERMINING THE LOWEST QUALIFIED BIDDER. Bidder hereby further agrees to commence work on or before the date to be specified in the Owner's Notice to Proceed and to fully complete the work, ready for occupancy within 45 DAV 5 days from the date of commencement Section 00310 -1 Included herewith, is the required bid security as required by the Instruction to Bidders. Because the Project is Tax Exempt, NO Federal, State, or Local taxes are included in the Bid Price. Bids shall be submitted on a separated contract basis. No Texas sales tax shall be included in the prices bid for materials consumed on incorporated into the finished product under this contract. This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Section 151.309(S) of the Texas Tax Code. The City of Round Rock will issue an exemption certificate to the Contractor. The Contractor must then issue a resale certificate to the materials supplier for materials purchased. The Contractor must have a valid sales tax permit in order to issue a resale certificate. In obtaining consumable materials, the Contractor will issue a resale certificate in lieu of payment of sales tax, and the following conditions shall be observed; 1. The contract will transfer title of consumable, but not incorporate, materials to the City of Round Rock at the time and point of receipt by the Contractor. 2. The Contractor will be paid for these consumable materials by the City of Round Rock as soon as practicable. Payment will not be made directly but considered subsidiary tot he pertinent bid items. The Contractor's monthly estimate will state that the estimate includes consumables that were received during the month covered by the estimate; and 3. The designated representative of the City of Round Rock must be notified as soon as possible of the receipt of these materials so that an inspection can be made by the representative. Where practical, the materials will be labeled as the property of the City of Round Rock. All Cash and Contingency Allowances described in the Contract Documents are included in the Bid Price. 2. ACCEPTANCE This offer shall be open to acceptance and is irrevocable for forty -five (45) from the Bid closing date If this Bid is accepted by the Owner within the time period stated above, we will. Execute the Agreement within seven days of receipt. Commence work within ten days after written Notice to Proceed. Bidder hereby agrees that the attached bid security will become the property of the Owner, and the Owner may cash the Bond, if the Contract for Construction is not executed by the bidding contractor within seven days from receipt. Section 00310 -2 3. ADDENDA The following Addenda have been received. The modifications to the Bid Documents noted therein have been considered and all costs thereto are included in the Bid Price. Addendum # Dated Addendum # Dated Addendum # ..... Dated Addendum # .... Dated 4. APPENDICES The following appendices are included with this bid form and have been properly completed by the bidder: a. Section 00400 — Supplements to"Bid Forms b Section 00430 — Subcontractor Listing The bidder fully understands, and agrees, that, if he is the apparent lowest qualified bidder, he will submit, within forty-eight hours of the bid time the following documents: a Section 00470 — Cost Breakdown 5. BID FORM SIGNATURE(S) The Corporate Seal of (Bidder - please print the full name of your Proprietorship, Partnership, or Corporation) was hereunto affixed in the presence of: (Authorized signing officer Title) (Seal) (Authorized signing officer Subscribed and Sworn before me this ?/ t day of /if L 2001. Notary Public: My Commission Expires: (Seal) END OF DOCUMENT Section 00310 -3 THIS IS A BLANK PAGE Section 00310 -4 To: Sharon Prete Parks and Recreation Director City of Round Rock 221 E. Main Street Round Rock, Texas 78664 DOCUMENT 00400 SUPPLEMENTS TO BID FORMS Project: Clay Madsen Indoor Recreation Center Locker Room Renovation Date: Submitted by: (full name) „.. 4;0oDf Cou572tC.11c, SC-RU e . //uc - (full addre s P go)c t z-z ,eiraaw '761.62,.7 In accordance with Document 00100 - Instructions to Bidders and Document 00310 - Bid Form, /we include the Supplements to Bid Form Appendices listed below. The information provided shall be considered an integral part of the Bid Form. These Appendices are as follows: 1. Section 00430 — Subcontractor Listing. SUPPLEMENTS TO BID FORM SIGNATURE(S) The Corporate Seal of FTwoob CoxIST2uc_Tt R) IL ES 11.16 (Bidder - please print the full name of your Proprietorship, Partnership, or Corporation) (Seal) . (Authorized signing 'le END OF SECTION Section 00400 -1 THIS IS A BLANK PAGE Section 00400 -2 RESPECTFULLY (Bidder) (signature) Date: SECTION 00430 SUBCONTRACTOR LISTING 1. In response to the Owner's and Architect's request for Sub contractor listing, I hereby submit the following as my proposed subcontractors for work on this project' PROJECT NAME: Clay Madsen — Locker Room Renovation A MASON: FTUJppps B. GYPSUM BOARD SYSTEMS INSTALLER' P C PAINTER: (J i3ueM C O D. WALL COVERING INSTALLER: COB($ JJ CCD, E MOLD REMEDIATION CONTRACTOR: � gj D END OF SECTION Section 00430 -1 THIS IS A BLANK PAGE Section 00430 -2 (Bidder) SECTION 00470 COST BREAKDOWN The General Contractor shall provide the following information related to distribution of project costs: GENERAL CONDITIONS, CONTRACTOR FEE AND DIVISION 01 $ 23 , 4 0 DIVISION II — DEMOLITION /REMEDIATION $ ( pfd© 0 DIVISION IV - MASONRY $ l c7, DO 0 DIVISION IX - FINISHES $ 20 O 00 TOTAL $''3 • RESPECTFUL -Y SUBMITTED. (Signature) Date. Allr END OF SECTION Section 00470 -1 1 THIS IS A BLANK PAGE Section 00470 -2 7 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the an words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) and the Contractor (Name, address and other information) The Architect is: (Name, address and other information) AIA Document Al 01 -1997 1997 Edition - Electronic Format THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401 AIA Document A201 -1997, General Conditions of the Contract for Construction, is adopted in this document by reference Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of Amenca. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the matenal herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution (alp) day of The City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 FTWoods Construction Services, Inc. Post Office Box 122 Georgetown, Texas 78627 The Project is: Locker room renovation at the Clay Madsen Indoor Recreation Center, (Name and location) 1600 Gattis School Road, Round Rock, Texas 78664, said renovation involving but not limited to demolition and remediation of the premises or pertinent portions thereof. Spencer Godfrey Architects 1106 South Mays, Suite 120 Round Rock, Texas 78664 in the year of 2001. The Owner and Contractor agree as follows: ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and AIA DOCUMENT AIOI - OWNER- CONTRACTOR AGREEMENT -1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W , WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copynght laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101 -1997 User Document: 01A101.CON -- 2/15/2001. AIA License Number 1009596, which expires on 2/28/2001 -- Page #1 Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: Unless the datE of commencemenfiss estalilished`by a notice to proceed issaed'by the Owner, the Contractor shall notify the Owner i'n writing nofless than iie(5) days before commencing the Wo�r c of perntit tiieely filing of mortgages, mechanic's hens and other se c linty interests, In no evenf shall Work be commenced - if Owner oes not issue written approval] 3.2 The Contract Time shall be measured from the date of commencement. 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than forty -five 45, days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the IVork) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert prowstons, if any, for liquidated damages relating to failure to complete on lime or for bonus payments for early completion of the Work.) 3:4 If'Con actor fsils to achieve SubstantiarComplaion of thT Work (or any portion thereof) on dilI6fore the date(sLspeeifted for Subs tibl ih the Agreement, Contractor shall pay n th - Owner, as liquidated "damages, the Sum of Two HundredFift an�lc - I i /100 - D Hits ($250:00) - tor each calendar day th fSiibs attt tial - Comletion ts`delayed'aftei thedate(ispecified"foc Siibstantial C oniTi etion'"'IfisheTeby agreed liquidated damages to whicfi Owner is entitled hereunder are a reasonable forecast of ju t c ompensation for the harm"th`awuld - be caused'by Contractor's failure to acfiieve SiibstanfiafCompletion of the, or'(or any portion t on or before the dates) specified - for Siibstantial m the Agreement"Ifis agreed - thafthe harm that would caused by such`failure, wluch includes loss of expected us of the Project areas, provision of altemahva storage facilities and rescheaaling of m aving and occupancy dates, is o ne iliaf incapable or very difficult of accurate estirnation. Ifisheieby agreed thafifSubstantial C o n151btion othhe Work(or any portion theleof) not achieved on or before tfiiiry (30) days otter the�ate(s)'specified foes "ubstantial C o npletion in the Agreement; the harm that wou113Te caused'to Owner cannot - be reasonably_ orecast it woul'dinclude business di sruption toOwner m ad dition to loss of expected use of'thE P( jact areas, provision of'alternative storage facilities and reschedaling oof moving and occupancy dates. Thus the liquidated "damages set and — above will cease tribe assessed undea th e Contract fter thirty (30) days after the dat specified "foTS0bstantial - Completion in the Agreement°ofd - Owner shall thereafter re ly on its remedies undertli Contract - Documenir W atlaw and equi yt 'incliiding withouflimitatibTa the recovery of ac ttTal damages. Th date(s) specified - for Subs antral Completion of'tliTWork (or any portion thereot)in the Agreement sha11 sulSject-to adjustment as provided m`tli CoiitracfDocumentsa AIA DOCUMENT AIOI - OWNER- CONTRACTOR AGREEMENT -1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W , WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the data of expiration as noted below. Electronic Format A101 -1997 User Document: O1A101.00N -- 2/15/2001. AIA License Number 1009596, which expires on 2/28/2001 -- Page #2 • ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One HundredTliiuteen Thousand'Nine Hrindred Dollars ($713;900:00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other Identification of accepted alternates If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount erptr ) 4.3 Unit prices, if any, are as follows: ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to the Architect 8i3 - Owner by the Contractor and Certificates for Payment issued by the Architect not disputedby Owner and/or Owner T leeffda, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 5.1.3 Provided that an Application for Payment is received by the Architect and "Owner, and the Aicltrtecfissues a Certificate of Paymenfnot later than the tenth (I Oth')jday of a month, the Owner shall make payment to the Contractor not later than the te nth (10th) day of the nextmonth. If an Application for Payment is received by the Architect andOwne after the application date fixed above, payment shall be made by the Owner not later than one montli,days after the Architect tcccivcs the Ap calk n issues a C1FFtificatE?for Payment. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect aand Owne :may require. This schedule, unless objected to by the Architect of OWner, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.1.5 Applications for Payment shall indieate warrant,the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, Less retainage of ten percent 010 %). Pending fmal determination of cost to the Owner of changes in the Work, amounts not in dispute shall iS83 1 e included as provided in Subparagraph 7.3.8 of AIA Document A201 -1997 even though the confSum has not yet been adlustedby Change Order; AIA DOCUMENT A101 - OWNER- CONTRACTOR AGREEMENT -1997 EDITION -AIA - COPYRIGHT 1997 -THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUEN.W., WASHINGTON, D.C. 20006 -5292 WARNING. Unlicensed photocopying violates U S copyright laws and will subject the violator to legal prosecution. This document was electronically produced with percussion of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101 - 1997 User Document: 01A101.CON -- 2/15/2001. AIA License Number 1009596, which expires on 2/28/2001 -- Page #3 : • 1' .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction less retainage of feliTIOypercent. .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect of Owner has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A201 -1997. 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be further modified under the following circumstances: ,1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to fullatnount ninety percent (90 %)1 of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such Work and unsettled claims; and (Subparagraph 9.8.5 of AIA Document A201 -1997 requires release of applicable retatnage upon Substantial Completion of Work with consent of surety, ifany.) .2 Add, if fmal completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of AIA Document A201 -1997. 5.1.8 (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resultingfrom the percentages inserted m Clauses 5.1.61 and 5.1 62 above, and this is not explained elsewhere in the Contract Documents, insert here pravtstonsfor such reduction or limitation) 5.1.9 Except with the Owner's prior Cvritten approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Subparagraph 12.2.2 of AIA Document A201 -1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a fmal Certificate for Payment has been issued by the Architect. 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, eras - follows. In no event shall final paymenfbe requiee - fo be made proi to thii (30days after a11Wok o n the Con fha's been frilly performed"Defects rn`the Work discovered poor to final payment`Sl all treated as non - conforming Work and shall correctedlsy the Cbntractor prior to fmal payment and not treated as warrantTitems ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 -1997. 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -1997. AIA DOCUMENT A101 - OWNER- CONTRACTOR AGREEMENT -1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101 -1997 User Document: O 1A101.CON -- 2/15 /2001. AIA License Number 1009596, which expires on 2/28/2001 -- Page #4 ARTICLE MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of AIA Document A201 -1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 (Insert rate of interest agreed upon, if any.) pr di payment due and unpaid ender the ContracfDocuments sshall"bear mteresffrom the sizty'-£trsf(61st) day after the3ate such undtsput1 fifi1l paymenfis due atthe legal rate prevailing from time to time atthe place where the Projecfl`s locatal (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations al the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validuy of this provision. Legal advice should be obtatned with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 The Owner's representative is: Sharon Prete (Name, address and other information) Parks andRecreatioti Dtiectbl 605Pa1m — Walley, R oundRocly'Texas 78664 7.4 The Contractor's representative is: F'Todd"Wooc'L1 (Name, address and other information) Ph fOffiTe B 5t 122 G eogegetown; Texas 78627 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten (10) days' written notice to the other party. 7.6 Other provisions: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement as §eT"fclith iff Aftih1e 7 of ATA Document A - 201= 1997 - (General - Conditions 1 are enumerated as follows: 8.1.1 The Agreement is this executed 1997 edition of the Standard Fonn of Agreement Between Owner and Contractor, AIA Document A 10 1 -1997 as modifl`ed 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201-1997 as modtfiedihecem 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated , and are as follows: Document Title Pages AIA DOCUMENT A101 - OWNER - CONTRACTOR AGREEMENT -1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U S copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101 -1997 User Document: O1A101.CON -- 2/15/2001. AIA License Number 1009596, which expires on 2/28/2001 -- Page #5 8.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement) Section 8.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either hst the Drawings here or refer to an exhibit attached to this Agreement.) 8.1.6 The Addenda, if any, are as follows: Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. A1A Document A201 -1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be pan of the Contract Documents) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER Number Number dre ) (sign. POPER,T 511- � y'/) , (Printed name and tide) F\ I Title Pages Title Date Date Pages AIA DOCUMENT A101 - OWNER - CONTRACTOR AGREEMENT -1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101 -1997 User Document: O1A101.CON -- 2/15/2001. AIA License Number 1009596, which expires on 2/28/2001 -- Page 46 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 AGREEMENT • DOCUMENT 00500C AGREEMENT FORMS The Form of Agreement will be the AIA Document A101 "Standard Form of Agreement Between Owner and Contractor (Stipulated Sum). A copy of this agreement form may be purchased from the Architect. END OF SECTION Section 00500C -1 L THIS PAGE IS BLANK Section 00500C -2 THE STATE OF TEXAS COUNTY OF WILLIAMSON 1 , V 1 PAYMENT BOND BOND NO. 6075738 FTWOODS CONSTRUCTION KNOW ALL MENBY THESE PRESENTS: That SERVICES, INC. , of the City of GEORGETOWN , County of WILLIAMSON , and State of TEXAS as Principal, and uthorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of ONE HUNDRED THIRTEEN THOUSAND NINE HUNDRED AND NO /100 - - - Dollars ($ 113,900.00 ) for the payment whereof; well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the ?i o tt ` day of / , 20o j, to which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of CLAY MADSEN RECREATION' CENTER LOCKER ROOM RENOVATION NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. PAYMENT BOND (Continued) f "� • Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect it's obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF the said Principal and Surety have signed and sealed this Instrument this 3 D`f`'' day of PAL, , ZOL. FTWOODS:CONSTRU - ON ER CES NC Princip By. F. TODD WOODS, PRESIDENT Title P. 0. BOX 122 Address GEORGETOWN, TEXAS 78627 LUBBOCK, TEXAS 79453 Resident Agent of Surety: HOWARD COWAN Printed Name P. 0. BOX 54020 Address LUBBOCK, TEXAS 79453 CO i SAFECO INSURANCE Surety ANY OF AMERICA HOWARD COWAN, ATTORNEY -IN -FACT Title P. 0. BOX 54020 Address THE STATE OF TEXAS COUNTY OF WILLIAMSON • PERFORMANCE BOND BOND NO. 6075738 FTWOODS CONSTRUCTION KNOW ALL MEN BY THESE PRESENTS: That SERVICES, INC. of the City Of GEORGETOWN , of WILLIAMSON , and State of TEXAS , as c A Principal, and s>:E�o 7r qr nrznnl I A authorized under the law of the State of Texas to act as oMreN surety on bonds for prmcrpals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS (Owner), in the penal sum ofONE HUNDREDTTHIRTEEN THOUSAND NINE HUNDRED AND NO /100- dollars ($ 113,900.00 ) for the .payment whereof, well and roily to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the 30i day of A PP i t< , 201 to which the contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of CLAY MADSEN RECREATION CENTER LOCKER ROOM RENOVATION NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of the Principal in performing the work covered by said Contract and occurring within a period of twelve (12) months from the date of the contract Completion Certificate and all other covenants and conditions, according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. ' PERFORMANCE BOND (continued) • Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the ten' of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder_ IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 3011A day of Ap r t t'. , 2001 FTWOODS CONSTRUCTION SERVICE Princ By_ „ 5 IIi By: F. TODD WOODS, PRESIDENT Title P. 0. BOX 122 Address GEORGETOWN, TEXAS 78627 LUBBOCK, TEXAS 79453 Resident Agent of Surety: HOWARD COWAN Printed Narne P. O. BOX 54020 Address LUBBOCK, TEXAS 79453 City,S . e &Zip ii f Signature SAFECO INSURANCE COMPANY OF AMERICA L �d % 2 Surety HOWARD COWAN, ATTORNEY -IN -FACT Title P. O. BOX 54020 Address SAFECO- ` POWER • - OFATTORNEY S-0974/SAEF 7198 this 2nd this day of SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 11561 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint «• issi••••• i• s0••• i• t4050**•st« ss•aas•s••••••itass•tit *HowAR1) COWAN; MARL& HILL; Lubbock, Texas• s• sss•• es•etit sss•s••t•aaa•sa••ss•ss•sssu•s•s its true and lawful attomey(s)- in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued in the course of is business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents day of March , 2000 4141d14/1/4 RA. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: • "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President; any Vice President, the Secretad, and any, Assistant Vice President appointed for that • purpose•bythe officer in charge of surety operations, shall each have authority to appoint Individuals as attorneys-in-fact or under other appropriate,tNes with authority to execute,onWehalf ofthe company fidelity and surety bonds and other documents of similar ,charader isued by the company in the•course,af)ts business..; On any, i. Irrstrument•niakkig :dr evidencing such appointment, the signatures may be affixed -by facsimile. On any Instrument conferring such authority or,on any,bond or undertaldng of the cbdpany, the seal, or a facsimile theteof,•nay be Impressed or affixed or in any other manner reproduced; provided, however, that the.seai,shall not be necessary to the validity of any such instrument or undertaking' • • Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA • • and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (t) The provisions of Article V, Section 13 of the By -Laws, and (7 A copy of the power -of- attorney appointment, executed pursuant thereto, and Op Certifying that said power-ofattorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney Issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Ahomey are still in full force and effect. IN WITNESS WHEREOF, I have hereunto net my hand and affixed the facsimile seal of said corporation RA. PIERSON, SECRETARY • ® Registered trademark of SAFECO Corporation IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at: 1- 800 - 252 -3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714 -9104 Fax # (512) 475 -1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part of condition of the attached document. PART1 GENERAL 1.01 DESCRIPTION 1.02 RELATED SECTIONS SECTION 00600 BONDS AND CERTIFICATES A. The Contractor shall submit all required bonds and certificates, as required by the contract documents, in the format and utilizing the forms specified. A. General and Supplementary Conditions of the Contract B. Section 00650 - Certificates of Insurance C. Section 00660 - Certificate of Compliance With Applicable Laws and Regulations PART2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION Section 00600 - 1 `t THIS IS A BLANK PAGE Section 00600 -2 CERTIFICATE OF LIABILITY INSURANCE PRODUCER RECEIVED THE INWEST GROUP, INC. DY Tare 110 N. MARIENFELD, SUITE 330 44.41.01 MIDLAND, TEXAS 79701 Date: 4/25/01 COMPANIES AFFORDING OVERAGE A NORTHERN INS. CO. OF NY (ZURICH) B MARYLAND CASUALTY CO. (ZURICH) INSURED FTWOODS CONSTRUCTION SERVICES, INC. C GENERAL REINSURANCE INS. (ZURICH) P. 0. BOX 122 GEORGETOWN, TEXAS 78627 D THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of We standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECISVE EXPIRATION LIMITS LTR NUMBER DATE DATE B A GENERAL LIABILITY EXCESS LIABILITY OTHER CON58192254 9/2/00 — 9/2/01 ATJ OMOBILEUABIUTY CON58192296 9/2/00 — 9/2/01 TCO58192213 9/2/00 — 9/2/01 CERTIFICATE HOLDER: City of Round Rock SIGNATURE OE&THORIZED NTATIVE 221 E.Miraeazt Round A /I 4i )V`jt Round Rodr, T cwa78664 ,.+� .J�k` attar Joannc Land GENERAL AGGREGATE $2000000 PRODUCTSCOMP /OPAGG. S 2000000 PERSONAL & ADV. INJURY S 1000000 EACH OCCURRENCE S 1000000 FIRE DAMAGE (Anyone fire) S 100000 MED. EXPENSE (Any one person) 5000 COMBINED SINGLE LIMIT S 1000000 BODILY INJURY(Perperson) S BODILY INJURY (Per accident) S PROPERTY DAMAGE S EACH00CURRENCE S 10000000 AGGREGATE 3 A WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMrrS EACH ACCIDENT $ 500000 DISEASE - POLICY LIMIT S 500000 DISEASE -EACH EMPLOYEE S 500000 DESCRIPTION OF OPERATIONS /LOCATION ERICLESISPECLAL ITEMS /EXCEPTIONS RE: CITY OF ROUND ROCK — CLAY MADSEN RECREATION CENTER LOCKER ROOM RENOVATION The City of Round Rock Is named as additional insured with respect to all polcies except Worker/ Compensation and Employees' Liability. Should any of the above described policies by cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. TypedNamc RON STROMAN SECRETARY /TREASURER TOTAL P.07 PART1 GENERAL 1.01 DESCRIPTION SECTION 00650 CERTIFICATES OF INSURANCE A. As Specified in the General Conditions of the Contract and otherwise required by the specifications and contract requirements, the Contractor shall submit evidentiary proof of project related insurance. END OF SECTION Section 00650 -1 THIS IS A BLANK PAGE Section 00650 -2 SECTION 00660 CERTIFICATE OF COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS PART1 GENERAL 1.01 DESCRIPTION A. The Contractor shall submit, along with his final Request for Payment, three completed copies of the Certificate of Compliance with Applicable Laws and Regulations, with original signatures, fully notarized. B. The form for this certificate is found on the following page of this Section. 1.02 RELATED SECTIONS A. Section 01300 - Submittals 1.03 CERTIFICATE OF COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS The undersigned, a duly appointed officer of attests to and certifies that to the best of his knowledge the Project known as the Clay Madsen Indoor Recreation Center, Locker Room Renovation has been constructed in proper accordance with applicable building codes, zoning ordinances, laws and regulations applicable for Round Rock, Texas. SIGNED: TITLE: DATE: SWORN BEFORE ME THIS DAY OF Notary Public: My commission expires: (Notary Seal) END OF SECTION Section 00660 -1 2001. THIS IS A BLANK PAGE Section 00660 -2 1 GENERAL CONDITIONS DOCUMENT 00700 (A) GENERAL CONDITIONS - AIA AIA Document A201 General Conditions of the Contract for Construction (1997 Edition), is the General Conditions between the Owner and Contractor. A copy of this document is included herein and is identified by pages numbered A201 - 1997 1 - A201 -1997 49 followed by Exhibit A and B (10 pages). 2 SUPPLEMENTARY CONDITIONS Amendments to the General Conditions are within the document itself END OF SECTION Section 00700A -1 THIS IS A BLANK PAGE Section 00700A -2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DOCUMENT A20I- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying 'violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and con be 'produced without violation until the date of expiration as noted below. - Electronic Format A201 -1997 User Document: 97A201 CON -- 2/4/1999. AIA License Number 1 11308, which expires on 2/28/2000 -- Page #1 1 ■rti. General Conditions of the Contract for Construction AIA Document A201 -1997 1997 Edition - Electronic Format This document has Important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION 1 OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America I Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 01997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTRACT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 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 1 INDEX • Acceptance of Nonconforming Work , 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 I Access to Work 3.16,6.2.1,12.1 Accident Prevention 4.2.3, 10 'Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 4.3.8, 4.4.1, 8.3.1, 9.5.1, 10.2.5, 13.42, 13.7, 14.1 I Addenda 1.1.1, 3.11 Additional Costs, Claims for , 4.3.4, 4.3.5, 4.3.6, 6.1.1, 10.3 Additional Inspections and Testing 9.8.3, 12.2.1, 13.5 Additional Time, Claims for I 4.3.4,4.3.7,8.32 ADMINISTRATION OF THE CONTRACT 3.1.3,4,9.4, ,Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 42.13, 4.5.1 'Allowances 3.8 All -risk Insurance 11.4.1.1 Applications for Payment 4.2.5, 7.3.8, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7.1, 9.8.5, 9.10, 1 1.1.3, 14.2.4, 14.4.3. • 'Approvals 2.4, 3.1.3, 3.5, 3.10.2, 3.12, 4.2.7, 9.3.2, 13.4.2, 13.5 Arbitration 4.3.3,4 .4,4.5.1,4.5.2,4.6,8.3.1,9.7.1, 11.4.9, 11.4.10 Architect 4.1 'Architect, Definition of 4.1.1 Architect, Extent of Authority 2.4, 3.12.7, 4.2, 4.3.6, 4.4, 5.2, 6.3, 7.1.2, 7.3.6, 7.4, 9.2, I 9.3.1, 9.4, 9.5, 9.8.3, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4 Architect, Limitations of Authority and Responsibility ' 2.1.1, 3.3.3, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 4.4, 5.2.1, 7.4, 9.4.2, 9.6.4, 9.6.6 'Architect's Additional Services and Expenses 2.4, 11.4.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying !olates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be produced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A201.CON -- 2/4/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page 62 1 Architect's Administration of the Contract 3.1.3, 4.2, 4.3.4, 4.4, 9.4, 9.5 Architect's Approvals 2.4, 3.1.3, 3.5.1, 3.10.2, 4.2.7 Architect's Authority to Reject Work 3.5.1, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.6 Architect's Decisions 4 .2.6, 42.7,4 2.11,42.12, 4.2.13, 4.3.4, 4.4.1, 4.4.5, 4.4 . 6, 4.5, 6 3, 7.3.6, 7.3.3, 8.1.3, 8.3.1, 9.2, 9.4, 9 5.1, 9.8.4, 9.9.1, 13.52, 14.2.2, 14.2.4 Architect's Inspections 42.2,42.9, 4.3.4, 9.4.2, 9.3.3, 9.9.2,9.10.1, 13.5 Architect's Instructions 32.3, 3.3.1, 4.2.6, 42.7, 42.3, 7.4.1, 12.1, 13.5.2 Architect's Interpretations 4.2.11, 42.12, 4.3.6 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor 1.1.2, 1.6, 3.1.3, 32.1, 3.2.2, 3.2.3, 3.3.1, 3.4.2, 3.5.1, 3.7.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 4.2, 4.3.4, 4.4.1, 4.4.7, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 11.4.7, 12, 13.4.2, 13.5 Architect's Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.4.7 Architect's Representations 9.4.2, 9.5.1, 9.10.1 Architect's Site Visits 4.2.2,4.2.5,4.2.9 ,4.3.4,9.4.2,9.5.1,9.92,9.10.1, 13.5 Asbestos 10.3.1 Attorneys' Fees 3.18.1, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1, 1.1.7, 5.2.1, 11.5.1 Boiler and Machinery Insurance 11.4.2 Bonds, Lien 9.10.2 Bonds, Performance, and Payment 7.3.6.4, 9.6.7, 9.10.3, 11.4.9, 11.5 Building Permit 3.7.1 Capitalization 1 1.3 Certificate of Substantial Completion I 9.8.3, 9.8.4, 9.8.5 Certificates for Payment 4.2.5, 4.2.9, 9.3.3, 9.4; 9.5, 9.6.1, 9.6.6, 9.7.1, 9.10.1, I 9.10.3, 13.7, 14.1.1.3, 14.2.4 Certificates of Inspection, Testing or Approval 13.5.4 Certificates of Insurance I 9.10.2, 11.1.3 Change Orders 1.1.1, 2.4.1, 3.4.2, 3.8.2.3, 3.11.1, 3.12.8, 4.2.8, 4.3.4, 4.3.9, I 5.2.3, 7.1, 7.2, 7.3, 8.3.1, 9.3.1.1, 9.10.3, 11.4.1.2, 11.4.4, 11.4.9, 12.1.2 Change Orders, Definition of 7.2.1 'CHANGES IN THE WORK 3.11,4.2.8,7,8.3.1,9.3.1.1, 11.4.9 Claim, Definition of I 4.3.1 Claims and Disputes 32 . 3 , 4 . 3 , 4.4,4.5,4. 6,6.1.1,6.3,7.3.8,9.3.3,9.10.4, 1C 10.3.3 laims and Timely Assertion of Claims 4.6.5 Claims for Additional Cost 3.2.3, 4.3.4, 4.3.5, 4.3.6, 6.1.1, 7.3.8, 10.3.2 laims for Additional Time 3.2.3, 4.3.4, 4.3.7, 6.1.1, 8.3.2, 10.3.2 I laims for Concealed or Unknown Conditions 4.3.4 Claims for Damages 3.2.3, 3.18, 4.3.10, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.4.5, 11.4.7, 14.1.3, 14.2.4 laims Subject to Arbitration 4.4.1, 4.5.1, 4.6.1 lean ing Up 3.15, 6.3 Commencement of Statutory Limitation Period I 13.7 ommencement of the Work, Conditions Relating to 2.2.1, 3.2.1, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 4.3.5, 5.2.1, 52.3, 6.22, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.4.1, 11.4.6, 11.5.1 t ommencement of the Work, Definition of 8.1.2 Communications Facilitating Contract Administration 3.9.1, 4.2.4 ompletion, Conditions Relating to 1.6.1, 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, I 9.10, 12.2, 13.7, 14.1.2 OMPLETION, PAYMENTS AND 9 Completion, Substantial 42.9, 8.1.1, 8.1.3, 82.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 9.10.42, 122, 13.7 Compliance with Laws 1.6.1, 3.2.2, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 4.4.8, 4.6.4, 4.6.6, 9.6.4, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3 Concealed or Unknown Conditions 4.3.4, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 1.1.7, 6.1.1, 6.1.4 Consent, Written 1.6, 3.4.2, 3.12.8, 3.14.2, 4.1.2, 4.3.4, 4.6.4, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.12.8, 4.2.8, 4.3.9, 7.1, 7.3, 9.3.1.1 Construction Schedules, Contractor's 1.4.1.2, 3.10, 3.12.1, 3.12.2, 4.3.7.2, 6.1.3 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 4.3.3 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 11.4.9, 14 Contract Administration 3.1.3,4,9.4,9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 52, 6.1, 11.1.3, 11.4.6, 11.5.1 Contract Documents, The 1.1, 12 Contract Documents, Copies Furnished and Use of 1.6, 2.2.5, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 3.8, 4.3.4; 4.3.5, 4.4.5, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.4.1, 14.2.4, 14.32 Contract Sum, Definition of 9.1 Contract Time 4.3.4, 4.3.7, 4.4.5, 5.2.3, 7.2.1.3, 7.3, 7.4, 8.1.1, 8.2, 8.3.1, 9.5.1, 9.7, 10.32, 12.1.1, 14.3 .2 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of IL A DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006.5292. WARNING: Unlicensed photocopying - olates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be t e produced without violation until the date of expiration as noted below. _ Electronic Format A201 -1997 . User Document: 97A201.CON — 2/4/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #3 1 1 3.1, 6.1.2 Contractor's Construction Schedules I 1.4.1.2, 3.10, 3.12.1, 3.12.2, 4.3.7.2, 6.1.3 Contractor's Employees 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 1 11.1.1, 11.4.7, 14.1, 14.2.1.1, Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's ,Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.4.7, 12.1.2, 12.2.4 Contractor's Relationship with Subcontractors I 1.2.2, 3.32, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2, 11.4.1.2, 11.4.7, 11.4.8 Contractor's Relationship with the Architect I 1.1.2, 1.6, 3.1.3, 3.2.1, 3.2.2, 3.2.3, 3.3.1, 3.4.2, 3.5.I, 3.7.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 4.2, 4.3.4, 4.4.1, 4.4.7, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, .5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 11.4.7, 12, 13.4.2, 13.5 'Contractor's Representations 1.5.2, 3.5.1, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor's Responsibility for Those Performing the Work 1C 3.3.2,3.18,4.2.3,4 .3.8,5.3.1,6.1.3,6.2,6.3, 9.5.1, 10 ontractor's Review of Contract Documents 1.5.2, 3.2, 3.7.3 Contractor's Right to Stop the Work l 9.7 ontractor's Right to Terminate the Contract 4.3.10, 14.1 'C ontractor's Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.5.2 U ontractor's Superintendent 3.9, 10.2.6 ontractot's Supervision and Construction Procedures 12.2, 3.3, 3.4, 3.12.10, 42.2, 4.2.7, 4.3.3, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 82, 10, 12, 14 ontractual Liability Insurance 11.1.1.8, 11.2, 11.3 'Coordination and Correlation 1.2, 1.52, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.6, 2.2.5, 3.11 I opyrights 1.6, 3.17 Correction of Work I 2.3, 2.4, 3.7.4, 4.2.1, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.12, 12.2, 13.7.1.3 Correlation and Intent of the Contract Documents 1.2 l ost, Definition of 7.3.6 Costs 2.4, 3.2.3, 3.7.4, 3.8.2, 3.15.2, 4.3, 5.4.2, 6.1.1, 6.2.3, 733.3, 7.3.6, 7.3.7, 7.3.8, 9.102, 10.3.2, 10.5, 11.3, 11.4, 12.1, 122.1, 122.4, 13.5, 14 Cutting and Patching 6.2.5, 3.14 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 9.2.1.5, 10.2.1.2, 10.2.5, 10.6, 11.1, 11.4, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.6, 11.4, 12.2.4 Damages, Claims for 3.2.3, 3.18, 4.3.10, 6.1.1, 8 3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.4.5,11.4.7,14.1.3,142.4 Damages for Delay 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2 Date of Commencement of the Work, Definition of 8.12 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 4.2.6,42.7,42.11,4.2.12, 4.2.13,4.3.4,4.4.1,4.4.5,4.4.6, 4.5,6.3,7.3.6,7.3.8,8.1.3, 8.3.1,92,9.4,9.5.1,9.8.4,9.9.1, 13.52, 14.2.2, 142.4 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.3, 2.4, 3.5.1, 4.2.6, 6.2.5, 9.5.1, 9.5.2, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1, 13.7.1.3 Defective Work, Definition of 3.5.1 Definitions 1.1, 2.1.1, 3.1, 3.5.1, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 4.3.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 7.3.6, 8.1, 9.1, 9.8.1 Delays and Extensions of Time 32.3, 4.3.1, 4.3.4, 4.3.7, 4.4.5, 5.2.3, 7.2.1, 7.3.1, 7.4.1, 7.5.1, 8.3, 9.5.1, 9.7.1, 10.3.2, 10.6.1, 14.32 Disputes 4.1.4, 4.3, 4.4, 4.5, 4.6, 6.3, 7.3.8 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 1.1.1, 1.3,2.2.5,3.11,5.3 Effective Date of Insurance 822, 11.1.2 Emergencies 4.3.5,10.6, 14.1.1.2 Employees, Contractor's 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, ttry IA DOCUMENT A201- GENERAL CONDmONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA . COPYRIGHT 1997 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006.5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be 'produced without violation until the date of expiration as noted below. • - Electronic Format A201 -1997 User Document: 97A201.CON — 2/4/1999. AIA License Number 111808, which expires on 2t28/2000 — Page #4 1 1 11.1.1, 11.4.7, 14.1, 14.2.1.1 11.4.2 Equipment, Labor, Materials and Insurance, Contractor's Liability I 1.1.3, 1 . 1 . 6,3 . 4 , 3 . 5 .1,3.82,3.83,3.12,3.13,3.15.1,4.2.6, 11.1 4.2.7, 5.2.1, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, Insurance, Effective Date of 10.2.4, 14.2.1.2 8.2.2, 11.1.2 I Execution and Progress of the Work Insurance, Loss of Use 1.1.3, 1.2.1, 12.2, 2.2.3, 2.2.5, 3.1, 3.3, 3.4, 3.5, 3.7, 3.10, 11.4.3 3.12, 3.14, 4.2.2, 4.2.3, 4.3.3, 6.2.2, 7.1.3, 7.3.4, 8.2, 9.5, Insurance, Owner's Liability 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3 11.2 ' Extensions of Time Insurance, Project Management Protective Liability 3 . 2 . 3 , 4 .3.1,4.3.4,4.3.7,4. 4.5,5.2.3,72.1,7.3,7.4.1,9.5.1, 11.3 9.7.1, 10.3.2, 10.6.1, 14.3.2 Insurance, Property I Failure of Payment 10.2.5, 11.4 4.3.6, 9.5.1.3, 9.7, 9.102, 14.1.1.3, 14.2.1.2, 13.6 Insurance, Stored Materials Faulty Work 9.3.2, 11.4.1.4 I (See Defective or Nonconforming Work) INSURANCE AND BONDS Final Completion and Final Payment 11 4.2.1, 4.2.9, 4.3.2, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 11.4.5, Insurance Companies, Consent to Partial Occupancy 12.3.1, 13.7, 14.2.4, 14.4.3 9.9.1, 11.4.1.5 I Financial Arrangements, Owner's Insurance Companies, Settlement with 2.2.1, 13.2.2, 14.1.1.5 11.4.10 Fire and Extended Coverage Insurance Intent of the Contract Documents 11.4 1.2.1, 4.2.7,42.12,4.2.13,7.4 GENERAL PROVISIONS Interest 1 13.6 Governing Law Interpretation 13.1 1.2.3 ,1.4,4.1.1,4.3.1,5.1,6.12,8.1.4 Guarantees (See Warranty) Interpretations, Written Hazardous Materials 4.2.11, 4.2.12, 4.3.6 I 10.2.4, 10.3, 10.5 Joinder and Consolidation of Claims Required Identification of Contract Documents 4.6.4 1.5.1 Judgment on Final Award I dentification of Subcontractors and Suppliers 4.6.6 5.2.1 Labor and Materials, Equipment Indemnification 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 42.6, InInfor mation 3.18, 9.10.2, 10.3.3, 10.5, 11.4.1.2, 11.4.7 4.2.7, 5.2.1, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, formation and Services Required of the Owner 102.4, 14.2.1.2 2.1.2, 2.2, 3.2.1, 3.12.4, 3.12.10, 42.7, 4.3.3, 6.1.3, 6.1.4, Labor Disputes 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.4, 8.3.1 13.5.1, 13.5.2, 14.1.1.4, 14.1.4 Laws and Regulations njur or Damage to Person or Property 1.6, 32.2, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 4.4.8, 4.6, 9.6.4, 4.3.8, 10.2,10.6 9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14 linsP ctiens Liens 3.13, 3.3.3, 3.7.1, 4.22, 4.2.6, 4.2.9, 9.4.2, 9.8.2, 9.8.3, 2.12, 4.4.8, 8.2.2, 9.3.3, 9.10 9.92, 9.10.1, 12.2.1, 13.5 Limitation on Consolidation or Joinder Instructions to Bidders 4.6.4 1.1.1 Limitations, Statutes of /Instructions to the Contractor 4.6.3, 122.6, 13.7 3.23, 3.3.1, 3.8.1, 4.2.8, 5.2.1, 7, 12, 8.2.2, 13.5.2 Limitations of Liability I nsurance 2.3, 3.2.1, 3.5.1, 3.7.3, 3.12.8, 3.12.10, 3.17, 3.18, 4.2.6, 3.18.1, 6.1.1, 7.3.6, 8.2.1, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 9.10.5, 4.2.7, 4.2.12, 6.22, 9.4.2, 9.6.4, 9.6.7, 9.10.4, 10.3.3, 11 10.2.5, 11.1.2, 11.2.1, 11.4.7, 12.2.5, 13.4.2 Insurance, Boiler and Machinery Limitations of Time �J1fA DOCUMENT A201 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying tolates US. copyright laws and will subject the violator to kgal prosecution. This document was electronically produced with permission of the AIA and can be produced without violation until the date of expiration as noted below. - Electronic Format A201 -1997 User Document 97A201.CON — 2/4/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #5 1 2.12,22,2.4, ,3.10,3.11,3.12.5,3.15.1,4.2.7, • 43, 4.4, 4.5, 4.6, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 92, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.13, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, 13.7, 14 Loss of Use Insurance ll 11.4.3 'Material Suppliers 1.6,3.12.1,42.4, 4.2.6,52.1,9.3,9.4.2,9.6,9.10.5 aterials, Hazardous 1 :4 1 10.2.4, 10.3, 10.5 aterials, Labor, Equipment and 1.1.3, 1.1.6, 1.6.1, 3.4, 3.5.1, 3.8.2, 3.8.23, 3.12, 3.13, I 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of IL onstruction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 echanic's Lien 4.4.8 t ediation 4.4.1, 4.4.5, 4.4.6, 4.4.8, 4.5, 4.6.1, 4.6.2, 8.3.1, 10.5 Minor Changes in the Work 1.1.1, 3.12.8, 4.2.8, 4.3.6, 7.1, 7.4 ISCELLANEOUS PROVISIONS 13 c odifications, Definition of 1.1.1 odifications to the Contract 1.1.1, 1.1.2, 3.7.3, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, L 10.32, 11.4.1 utual Responsibility 6.2 onconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 onconforming Work, Rejection and Correction of 2.3, 2.4, 3.5.1, 4.2.6, 6.2.5, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2.1, 13.7.1.3 otice 22.1, 2.3, 2.4, 3.2.3, 3.3.1, 3.7.2, 3.7.4, 3.12.9, 4.3, 4.4.8, ' 4.6.5, 52.1, 8.2.2, 9.7, 9.10, 102.2, 11.1.3, 11.4.6, 12.22, 12.2.4, 13.3, 13.5.1, 13.5.2, 14.1, 14.2 Notice, Written • I 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 4.3, 4.4.8, 4.6.5, 5.2.1, 822, 9.7, 9.10, 10.2.2, 10.3, 1 1.1.3, 11.4.6, 12.2.2, 12.2.4, 13.3, 14 Notice of Testing and Inspections I 13.5.1, 13.5.2 otice to Proceed 82.2 otices, Permits, Fees and 2.2.2, 3.7, 3.13, 7.3.6.4, 102.2 bservations, Contractor's 1.5.2,32,3.7.3,4.3.4 I DOCUMENT A201-GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying r ates US. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be produced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: 97A20I.CON — 2/4/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page #6 1 Occupancy 2.2.2, 9.6.6, 9.8, 11.4.1.5 Orders, Written 1.1.1, 2.3, 3.9, 4.3.6, 7, 8.2.2, 11.4.9, 12.1, 122, 13.5.2, 14.3.1 OWNER 2 Owner, Definition of 2.1 Owner, Information and Services Required of the 2.1.2, 2.2, 3.2.1, 3.12.4, 3.12.10, 4.2.7, 4.3.3, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.4, 13.5.1,13.52,14.1.1.4,14.1.4 Owner's Authority 1.6,2.1.1,2.3,2.4,3.4.2, 3.8.1,3.12.10,3.142,4.12,4.1.3, 4.2.4, 4.2.9, 4.3.6, 4.4.7, 52.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.1, 11.4.3, 11.4.10, 12.2.2, 12.3.1, 13.2.2, 14.3, 14.4 Owner's Financial Capability 2.2.1, 13.2.2, 14.1.1.5 Owner's Liability Insurance 11.2 Owner's Loss of Use Insurance 11.4.3 Owner's Relationship with Subcontractors 1.1.2,5.2,5.3,5.4,9.6.4,9.102, 14.2.2 Owner's Right to Carry Out the Work 2.4, 12.2.4. 14.2.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.3 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.6, 2.2.5, 3.2.1, 3.11.1, 3.17.1, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9, 11.4.1.5 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.8, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7.1, 9.8.5, 9.10.1, 9.10.3, 9.10.5, 11.1.3, 14.2.4, 14.4.3 Payment, Certificates for 1 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.10.1, I 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of 4.3.6, 9.5.1.3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2, 13.6 ' Payment, Final 4.2.1, 4.2.9, 4.3.2, 9.10, 11.1.2, 11.1.3, 1 1.4.1, 11.4.5, 12.3.1, 13.7, 14.2:4, 14.4.3 Payment Bond, Performance Bond and ▪ 7.3.6.4, 9.6.7, 9.10.3, 11.4.9,11.5 ▪ Payments, Progress 4.3.3, 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3 t PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 11.4.8, 14.2.1.2 I PCB 10.3.1 Performance Bond and Payment Bond II 7.3.6.4, 9.6.7, 9.10.3, 11.4.9,11.5 ▪ Permits, Fees and Notices 2.2.2, 3.7, 3.13, 7.3.6.4, 10.2.2 ,PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 IProduct Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings I 3.11, 3.12, 42.7 Progress and Completion 422, 4.3.3, 8.2, 9.8, 9.9.1, 14.1.4 • Progress Payments 4.3.3, 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3 °Project, Definition of the 1.1.4 'Project Management Protective Liability Insurance 11.3 Project Manual, Definition of the � 1.1.7 roject Manuals 2.2.5 Project Representatives I 4.2.10 roperty Insurance 10.2.5, 11.4 I ROTECTION OF PERSONS AND PROPERTY ' 10 egulations and Laws Ilt 1.6, 3.2.2, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 4.4.8, 4.6, 9.6.4, 9.9.1, 1022, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14 ejection of Work 3.5.1, 42.6, 122.1 1 eleases and Waivers of Liens 1 9.10.2 Representations 1.5.2, 3.5.1, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.8.2, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Resolution of Claims and Disputes 4.4, 4.5, 4.6 Responsibility for Those Performing the Work 3 4 .3.8,5.3.1,6.1.3,62,6.3,9.5.1, 10 Retainage 9 . 3 . 1 ,9.6.2,9.8.5,9.9.1,9.102,9.10.3 Review of Contract Documents and Field Conditions by Contractor 1.5.2, 3.2, 3.7.3, 3.12.7, 6.1.3 Review of Contractor's Submittals by Owner and Architect 3 . 10 . 1 , 3 . 10 .2, 3 .11,3.12,4.2,5.2,6.1.3,92,9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2, 2.3, 2.4, 3.5.1, 3.15.2, 4.2.6, 4.3.4, 4.5, 4.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 4.6.2 Safety of Persons and Property 10.2, 10.6 Safety Precautions and Programs 3.3.1,4.2.2,4.2.7,5.3.1,10.1, 10.2, 10.6 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 1.4.1.2, 3.10, 3.12.1, 3.122, 4.3.7.2, 6.1.3 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 42.7, 4.6.4, 6, 8.3.1, 11.4.7, 12.1.2, 122.5 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 1.22, 3.2.1, 3.3.3, 3.7.1, 4.2, 4.3.4, 9.4.2, 9.10.1, 13.5 AIA DOCUMENT A201-GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE ERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying i ol a tes US. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the ARA and can be roduced without violation until the date of expiration as noted below. • - Electronic Format A201 -1997 User Document: 97A201.CON — 2/4/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #7 1 Site Visits, Architect's 9.10.2, 9.10.3 4.2.2, 4.2.9, 43.4, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Surveys I Special Inspections and Testing 2.2.3 4.2.6, 12.2.1, 13.5 Suspension by the Owner for Convenience Specifications, Definition of the 14.4 I 1.1.6 Suspension of the Work Specifications, The 5.4.2, 14.3 1.1.1, 1.1.6, 1.1.7, 1.2.2, 1.6, 3.1 I, 3.12.10, 3.17 Suspension or Termination of the Contract I Statute of Limitations 4.3.6, 5.4.1.1, 11.4.9, 14 4.6.3, 12.2.6, 13.7 Taxes Stopping the Work 3.6, 3.8.2.1, 7.3.6.4 2.3, 4.3.6, 9.7, 10.3, 14.1 Termination by the Contractor ' Stored Materials 4.3.10, 14.1 6.2.1, 9.3.2, 10.2.1.2, 10.2.4, 11.4.1.4 Termination by the Owner for Cause Subcontractor, Definition of 4.3.10, 5.4.1.1, 14.2 ▪ 5.1.1 Termination of the Architect SUBCONTRACTORS 4.1.3 5 Termination of the Contractor "Subcontractors, Work by 14.2.2 1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 TERMINATION OR SUSPENSION OF THE CONTRACT Subcontractual Relations 14 5.3, 5.4, 9.3.1.2, 9.6, 9.10 10.2.1, 11.4.7, 11.4.8, 14.1, Tests and Inspections I 14.2.1, 14.3.2 3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, Submittals 10.3.2, 11.4.1.1, 12.2.1,13.5 1.6, 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3, 9.8, TIME 9.9.1, 9.10.2, 9.10.3, 11.1.3 8 ' Subrogation, Waivers of Time, Delays and Extensions of 6.1.1, 11.4.5, 11.4.7 3.2.3, 4.3.1, 4.3.4, 4.3.7, 4.4.5, 5.2.3, 7.2.1, 7.3.1, 7.4.1, , Substantial Completion 7.5.1, 8.3, 9.5.1, 9.7.1, 10.3.2, 10.6.1, 14.3.2 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 9.10.4.2, Time Limits 12.2, 13.7 2.1.2, 2.2, 2.4, 3.2.1, 3.7.3, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, Substantial Completion, Definition of 4.3, 4.4, 4.5, 4.6, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, I 9.8.1 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.4.1.5, Substitution of Subcontractors 11.4.6, 11.4.10, 12.2, 13.5, 13.7, 14 5.23, 5.2.4 Time Limits on Claims 'Substitution of Architect 4.3.2, 4.3.4, 4.3.8, 4.4, 4.5, 4.6 4.1.3 Title to Work Substitutions of Materials 9.3.2, 9.3.3 3.4.2, 3.5.1, 7.3.7 UNCOVERING AND CORRECTION OF WORK 'Sub- subcontractor, Definition of 12 5.12 Uncovering of Work Subsurface Conditions 12.1 ' 4.3.4 Unforeseen Conditions Successors and Assigns 4.3.4, 8.3.1, 10.3 13.2 Unit Prices Superintendent 43.9, 73.32 3.9, 102.6 Use of Documents Supervision and Construction Procedures 1.1.1, 1.6, 22.5, 3.12.6, 5.3 12.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 4.3.3, 6.1.3, 6.2.4, Use of Site 7.1.3, 7.3.6, 8.2, 8.3.1, 9.4.2, 10, 12, 14 3.13, 6.1.1, 6.2.1 Surety Values, Schedule of 4.4.7, 5.4.12, 9.8.5, 9.102, 9.10.3, 14.2.2 9.2, 9.3.1 ' Surety, Consent of Waiver of Claims by the Architect AIA DOCUMENT A20I- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying iolates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. - Electronic Format A201 -1997 User Document: 97A201.CON — 2/4/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #8 1 3.13, 6.1.1, 6.2.1 4.3.7.2 Values, Schedule of Work, Definition of 9.2, 9.3.1 1.1.3 Waiver of Claims by the Architect Written Consent 13.4.2 1.6, 3.4.2, 3.12.8, 3.14.2, 4.1.2, 4.3.4, 4.6.4, 9.3.2, 9.8.5, I Waiver of Claims by the Contractor 4.3.10, 9.10.5, 11.4.7, 13.4.2 9.9.1, 9.102, 9.10.3, 11.4.1, 13 2, 13.4.2 Written Interpretations Waiver of Claims by the Owner 4.2.11, 4.2.12, 4.3.6 4:3.10, 9.9.3, 9.10.3, 9.10.4, 11.4.3, 11.4.5, 11.4.7, 12.2.2.1, Written Notice 13.4.2, 14.2.4 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 4.3, 4.4.8, 4.6.5, 5.2.1, Waiver of Consequential Damages 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.4.6, 12.2.2, 12.2.4, 4.3.10, 14.2.4 13.3, 14 I Waiver of Liens Written Orders 9.10.2, 9.10.4 1.1.1, 2.3, 3.9, 4.3.6, 7, 8.2.2, 11.4.9, 12.1, 12. 13.53, Waivers of Subrogation 14.3.1 6.1.1, 11.4.5, 11.4.7 Warranty 3.5, 4.2.9, 4.3.5.3, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7.1.3 'Weather Delays 1 1 1 1 1 1 1 1 1 1 DOCUMENT A20I- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying lolates US. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be produced without violation until the date of expiration as noted below. Electronic Format A201 -1997 • User Document MADSNREC.DOC -- 2/5/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #8 1 1 ARTICLE I GENERAL PROVISIONS 1.1 BASIC DEFINITIONS ' 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract I (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 I in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of Addenda relating to bidding requirements) . I 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or I modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between the Owner and a Subcontractor or Sub - subcontractor, (3) between the Owner and Architect or (4) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to ' performance and enforcement of obligations ofContrecto4 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 1.1.4 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 or 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 diagratts. 1 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. IIII 1.1.7 THE PROJECT MANUAL I The Project Manual is a volume assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. tmf2 .. r z 1tIAL %C3f9cL� • a ire' ii b) ifina) Canpiefionshall tz iire date i&e Cetntria - euments Have tieea Cutiy iter fii ekiilli of 1126 4/t4rk has 3eev a Iii; j3 eteii anti h final e4 !gic2tef9F mein a rnv by t Owner bas bees is"sned by thts Architect. 1 AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION • AIA - COPYRIGHT 1997 - THE AMERICAN ' MSTTflJIE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copydg' laws and will subject the violator to legal prosecution. Th document was electronically produced with permission of the AlA and can be reproduced without viotatiot. until the data of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC — 2/9/1999. AIA License Number 111808, which expires on 2/28 /2000 — Page #10 1 12 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 consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. j11:i:ln ihr event of conflicts; eitplanarory notes ui the Drawings take precedence over graphic indiC3fitins Mtge scale Mid details take precedence over smaller scale drawings, ands figured dimensions take precedence over scaled dimensions. Where figured tiiineusions are not indicated, staled dimensions may be used upon approval bythe Architect. The Canbactorshall verify alt dimensions; iarh,frgured and scaled Isymeasttremerfs of conditions and ofthe Work in place: "" ' 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 which have well -known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.3 CAPITALIZATION 1 1.3.1 Terms capitalized in these General Conditions include those which are (I) specifically defined, (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of other documents published by the I American Institute of Architects. 1.4 INTERPRETATION 1 1 1 1 1 I 1.4.1 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. ' 1.5 EXECUTION OF CONTRACT DOCUMENTS 15.1 The 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 upon request. 1.52 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar ' with local conditions kCtrf SU bsu f2C &ncl.St2trg(It itrg' under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. eforoperta% ?t /1)"toa Ai'3he Won the tizttFaetbrs�iali lutiyirit et &gate If yslea�t aspeCtS Of the Y�ro a "ire and ° erl ditr,eiisitins' 0 raea�t 4111 rue a lines n ti ties 6x •a t Y ti , > f� �srlY , k ;sa �'tbcati6ris; gwiiei rind �ievat4 adsiimg impcdvthtieuss, s,trF�can�f sabstkia,� cesoEl Ond inns diauiagenE6otTr and substirfacilgtastcm,andgen siii tatnaVbfcorulitioitgr the Projeo tie) ' 1.6 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE 1.6.1 The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service through which the Work to be executed by the Contractor is described. The Contractor , may retain one record set pl ebitrs tpj of any;vl raltty ft Neither the Contractor nor any Subcontractor, Sub - subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect or the Architects consultants, and unless otherwise indicated the Architect and the Architects consultants shall be deemed the authors of them and will retain all common law, statutory and other reserved rights, in addition to the copyrights. All copies of Instruments ' of Service, except - t,„ta :4' 4 the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work Ili tllte ca r,of. pijn eEpl'�St'e`"COl'd sC£, p�e7tplr"atµlptEof 8kt WartaWply Ki . The Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants, and copies thereof furnished to the Contractor, are for use 'solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub subcontractor or material or AIA DOCUMENT A201-GENERAL CONDrr1ONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN L INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W, WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright aws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and cgn be reproduced without violation ntil the date of expiration as noted below. 1 Electronic Fomtat A201 -1997 User Document: A201.DOC — 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #11 1 equipment supplier on other projects or for additions to this Project outside the scope of the Work ' - I . The Contractor, Subcontractors, Sub- subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect and the Architects consultants appropriate to and for use in the execution of their Work wider the Contract Documents. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other document I prepared by the Architect and the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' copyrights or other reserved rights. 1 1.I U pon . fluttters aymtnt3herefoc21r�1giis,Drawin S eciffcationsandot .°... ... P � &s> P ts, [nc[ttdiiig ttiasg in e[ecfronicfaFn ;and nojsiee thereof furnished by the Architect and tfte Architects donsullants, are and shall remain the property Of the OWner They shall not be used in whole or inpartby, any, persononany, otherprojectvithoutt hepriorwrittenconsento ftheOwnerandArchitect. - 1 1 ARTICLE 2 OWNER ' . The term "Owner" means the Owner or the Owner's authorized representative. 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. •- • - - •- - •• -• - -• - •- • - •- - - -- - ' 'record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. 1 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2:24 The Owner shall, at the written reque t of the Contractor, pri r t commencement of the Work and thereafter, furnish to th. 1 22.2 Except for permits and fees, including those required under Subparagraph 33.1, which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 1 2 2 .3 The Owner shall flatfish 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 Work. 1 - ( iutgof eys?ad 1egat dscit�€ians ti iGe Aitti�eraSite �Yf��wiief,hlnot cefieve rxeitraaft>r #faitiits s�tiae o ;?ociutieii{s in seasmutble flte accwacp nfitt!'nrmaiit>wt pr'4vided "sha#I br respQiwibio`foc ihc.cxt epee xnd [aratioit ©Esaksiitface Yftiesca6lesthd•p M as n%e[l:as the_ cinaitititis aiid chatxcterisfics elf substsils 1 22.4 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness. 1 22.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 1 AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN ' INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.0 20006 -5292. WARNING: Unlicensed photocopying violates US. copyrigl laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and con be reproduced without violadoh until the date of expiration as noted below. Electronic FormatA201- 1997 User Document: A201.DOC — 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #12 1 1 1 1 2.3 OWNER'S RIGHT TO STOP THE WORK 2.11" Tfthe Contractor tails diritidefea-t ve Work... r tired h Pare eq y graph iZ.2, ni'faiisto camplete V1ork on tuzie tegtiired by *tick 3 aftheAgreetnetitor is la defauit ofany ants material obligations hereunder theOwner bya written order sigiied flyaaagent gpecifrcatlyso eriipowered by the 13wner, mayorder the Contractor to stop the orany portion thereof unfit die-cause for such order has been, eliminated; however, this right ofthe Owner to stop the Work shallnot give rise to any duty on the partot'the Owner to exercise this right far the benefit of the Contractor or sty other person 'Or entity. This right sha0 be ht addition td, and not i restricion of, the • C?met'srf ts unde r,#aar h 122; °.• , . t . ^. °. •., 2 7f, `44ai EUtiSttliBtior# with fhb AfetiitcCi,Ti tspettsioli Of the Work 4s wanaiit@diiy r`easart of pnforeseen coticlFtip whicFt may truly sely affect the tittality of tht Wage if such Work were coatituied, t1tg Owner nay suspend the Wntk by Written notice to the Garittaetor- to such eyent, the Contract Titrieshall be adjuste rdingly; snd the Contract Siansltatl be adjusted to th'e extent, if a ny, loot adilttionat costs are,,incurred by reastia aEstir% suspension. Ifflte Contractor, in its reasonable judgment, believes that a s spensiod cs - remitted by teasoo trfunforeseen circumstances µ4f ich may adversely affect ftte quality of the Work Ifthe Workwere c the P9 nactotnshaitupru dial testify theawwierb414,t1 Architee! ©f hbelief, I 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven - day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence 1 and promptness, the Owner may - , without prejudice to other remedies the Owner may have, correct such deficiencies. In such case I an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the ' Owner. 1 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 term "Contractor" means the Contractor or the Contractor's authorized representative. 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. 1 3.1.3 The Contractor shall not be relieved of 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 other than the Contractor. 1 32 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR l 3.2.1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Subparagraph 2.2.3, 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 construction by the Contractor l and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, ARTICLE 3 CONTRACTOR AIA DOCUMENT A201-GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #13 1 1 1 1 inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Architect as a request for information in such form as the Architect may require. 32.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect, but it ;- recognized that the Contractor's review is made in the Contractor's capacity as a contractor and notes a licensed design professional unle; otherwise specifically provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, but any nonconformity discovered by or made known to the Contractor shall be reported promptly to the Architect. 32.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Architect in response to the Contractor's notices or requests for information pursuant to Subparagraphs 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Subparagraphs 4.3.6 and 4.3.7. If the Contractor fails to perform the obligations of Subparagraphs 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor real — onaht . sltoutd hale recognized such error, inconsistency, omission or difference and knowingly failed to report it to the Architect. .. Tf the Coptt actor pe�otiktS any construction activity involving Such error, igconslsiegeyoC omISStOI�In the 1 Cail4rict Doctiritegts iyitttottt such notice to the Architect, the Contractor shall assume complete responsibility, for such performance and shat[ beer the futi amount afthe attributable costsforcorrectioa, 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 1 334 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be, snjijecf &;tarots efrrtisfe "4, solely responsible for and have control over construction means, methods, techniques, sequences and procedures and I for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, 1 techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed t proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contracto., the Owner shall be solely responsible for any resulting loss or damage. • 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 I Subcontractors. 4; 7 aiid agreed oat aria lelafi©ttis p of Contractor o bvinec .stiaEt fie'3tiai of as inileperidetit cisn[eaetnr. Nutlu3t W here a r stferabie herefront shaltI eonstruo to• f m ake t Comets torthe aitt, , m p y` , p � „ {) s , .§ teat sere ortn;t °fo ee o�'ib t;<Wni e I szty.partnitithiF,Jolut'y onsrex or' ;;hiss aetalit>i isobween f3tiner4I'dligitutor. Art tliretittots Eli t`ns'titic€ion Try OWnet in 'espl;v't''t i 11 e Work-shall retat to tfie restifis Elie Owaerxdtxir s Ya cititaiu &bra &he Work rand shalt hi ho yr '; fl'eci Ctui rgtarti E e as dese hed,heieinj ' 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. 1 1 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. ' 3.4 LABOR AND MATERIALS 3.4.2 AIA DOCUMENT A201-GENERAL CONDrt70NS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDmON - AIA - COPYRIGHT 1997 - THE AMERICAN I INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE N.W. WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates US. wpyrie laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violatim. until the date of expiration as noted below. Electronic Ftxmat A201 -1997 User Document: A201.DOC — 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #14 a� 4, c ,, lGi "v? ut#icep cah "'s t� ;,fe . � a aa i F „ afilia a pactar r ar pr±idu' ,� -s, sir ut a?vt Z �e,4till ti"Tito:te01 rSze dmappcot eVof to a ed x • u 3L• eiptest,subsittuttou shall state arty arnauirtof hange to the Coonaa Suit and 'Shaft 3ie peedtpp led 1tY ten eercttpttve .iitetahikafidpar clata.utron 5oth thr...vecifiedsite4 and the jxopnseds •Gbstitutiott,plasaitysamples s ptay;lie rein ed 3�xe b i mt%iteu Eaeitptinimse6 substltutioa s tireiqutte the vvtitten;approaaiofthe Architeetbafat xis inratp6refitikuttoitie wc* P i iiMines& fntshbslintion25sofitt25pre cticableaftertheneed for thestibstitittiaais determined tallow t adlgirete cox;sidecafi tt ofstich r • • ,_ ,,.,. and 3o m is decay in the pcagress o €the Work: 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not 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 geed ifie lima quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The I Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or Insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect ine 0itiner the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment 7TI:i . watrarity pioPided'iii Paeagiaph 3 .T Stall ficin addlHSn to and'nhi u lhu tion afanp rither wairdtitq oz ieitiedyie"gttuetl bb yv foci=„ orby:the Conisxec 13acinnent5 and stich warranty shall be interpreted to require Contraatoria'teplacc defeciive and d iiininentAndre xecnte defective Work which is itiseiased 'ta.the Contractor icy the Oumerwithiti a ppriod iifong I 3 e2i'afle! 1 uial I es pletttitt'<tf i WorRilt witbilt k Lon 9 tirric if l och is spgtiftca b :411 for fn the Specifieatsans brat rsvise 'd b lavi .. • - . . . Tlie ryntmeto ltissue -fa wiltin t the 43wner asa ¢ondiaa precedentii fo final payfitent.a rGc�reraf V. arrant�r . ei eetm� the antdconch ioitsnfwPasagraphs3,3_I and 152 I'M all Warktmder the Connect Documents: This General Warranty she"l{ beassignable: a Ath ptxhelaloupelwr arFaniyiimeisspectficaltycatlediar ; ia • the S eeificaGVnsarasottieis f q ' WH�t fora d €tkvetve: P c prPViifea' yiad, ie ��,�. A-, Fs'a -.,¢. 4 i23 .ta og ti rc t hat the bu j td ittg{ s e �' shalt;bc i�ra+t tg�ar�u£at inrc p,4�- � �?Y?�} ; g e; s u be pifz led ?sec d ante {ikliugts)'by extensor foroes.bcytittd {in rtetnrs cootrof.:The trout etoraltait l i3e tte n by theOwiter inf water " -penetratian,'deterintnetbe h o € water petietratt and,l aUts do � „y w k ge e r iii make the -Wa * vlatartirght ;Canhaeror shali�alsa; at its own. panse; pair sir', tep1aoe abydicer damaged uuiteria ' rushes and i wpgs damao:Kas rest afibiswater peuettt ion; build s 'ta hr "Minya iig(�_ its �theirj ortgidai ed�riditins t $ :longer crScTaniptiiie sspec,`ficaiEj� ea1[edfoi iii ifie 3r eclfiaios " ilienwrse pinv�ikby faw, ili£teerai twetva ittintbsandsttalflreRtl6r�raitdetiotrrii�ntfietwlsesaiisaetbcyta� vaier trarialaT v'sl a atTliiaiieet ai +k-nnad"stg"aiitih kvnerau alto 'let y -� ` �ic�iiee�iaaeaoislaricWwltliifie £.xr�cit3aztimetmi slk?1 4f st66 zbPgiGektfkAYdrk 91e35.othe wise pen de trsTi.xgtific&teofPertial n6sianii ate°tii vedli f ies 1 TAXES 6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work itt poi tiny l lj provided by the Contractor which e legally enacte a . 3.7 PERMITS, FEES AND NOTICES 1 .7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily T ecured after execution of the Contract and which are legally required. . toi•t[r1Sl+gpjee AIA DOCUMENT A201-GENERAL CONDmONS OF THE CONTRACT FOR .CONSTRUCTION - 1997 EDITION - ALA - COPYRIGHT 1997 - THE AMERICAN OF ARCHITECTS, 1735 NEW YORK AVENUE N.W. WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates US. copyright and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation n61 the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC — 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #15 M q a. t c usN1 � '' • „° ':N pupa a w �a•e. nl,�ct °e -fit ,� .. ; ¢ u ., rt ° ��y = y '° e -,t han cul?anCY;i� T• ?s >$aYhll hargesaucEfees$ezc dictg:ha: „yerscap1 " , va 4'41.4 es�a6d e7iarges and feeg afa,sumlar, " patttre,retluttei:to be paid Fo°eauseAttidtty iities or no Ottyecapactip ot'3aoth 3ti,Eie a Pa%�1p pthN I liauditx Project Site;'which charges and fees are t be paid by Owner) and give 311 notices necessaiyaztd to Au and )awful'pttiseo d1nn efthe Work Certificates of inspection, Ilse, ar ct p td Ocinny: shad be delivered to ifte Owner t tin eampkt.r ©n af' the W ork insufiierent time Otenpatl n 'OE the ? rojettinaccOrdance with the approved schedlfte for the.Work. • I 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to performance of the Work. '3.82 1 1 1 ▪ 3.7.3 If the Contractor observes that portions of the Contract Documents are at variance therewith with applicable laws, statutes, ordinances, building cadesand rules, and regulations, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. now n it . „.... 3.7.4 If the Contractor performs Work knowing kFiOlv_S. otiSf70uid have kgpwq to be contrary to laws, statutes, ordinances, building codes, and rules and regulations the Contractor shall assume • appropriate responsibility for such Work and shall bear the costs attributable to correction. ▪ 3.8 ALLOWANCES I 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. Unless otherwise provided in the Contract Documents: .1 allowanc 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 expens, ' contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; .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 Clause 3.8.2.1 and (2) changes in Contractor's costs under Clause 3.8.2.2. ' 3.8.3 Materials and equipment under an allowance shall be selected by the Owner in sufficient time to avoid iut eunabls delay in the Work. 1 3.9 SUPERINTENDENT - I 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. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. • yf"de Superitlteralen€ dl"at approve iq wCl(ltkg tsy t fJ i s l7e" ;C 4 I n lra t4s Stt 11- ai repTaec;tire sikperp - aFI t avl the eru"p"t prigr wtittest cansene the t)ty{ as :?urtii. the- feiecif?iu : g �?} er u ter<e„, .Q93t *ppcait1k"ythe.9mq. ? 9.c4g c, rirti o ct; • 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES ▪ 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's infofmstien ap piov i a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract AIA DOCUMENT A201-GENERAL CONDMONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN ' INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006.5292. WARNING: Unlicensed photocopying violates U.S. eopyrig taws and will subject the violator to legal prosecution This document was electronically produced with permission of the AIA and can be reproduced without violatiu. - until the dare of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC — 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #16 1 1 1 Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work, 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall perform the Work in genera' aes ijfi ee to the most recent schedules submitted to the Owner and Architect, unless speeif'trvally authorized liytiie Arcliiteci to beginlvorkeartierthan eked fortin stic6 Schedules. The COunictot shall prepare a monthiq ethedule sttnitne y repoit irt,a foil ind of sufficient detail and uharacier as approve by the lwiter. The r tint ata minimum shall ep specify whether the ProjacPis on schedule and, if not, the reasons therefor and the tetras of the pes ichedute,TheConteactorshallho€d weeklyprogress meetings at the Project Site, oratsuch other times and frequency as are ncceptabte to the flwper Progressofthe Work$halthe reported in detail withreferenee to construction schedules. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record field changes and selections made during construction, and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect 1 and shall be delivered to the Architect for submittal to the Owner upon completion of the Work. 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 the Contractor or a Subcontractor, Sub - subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. , 3.122 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. 1 3.12.3 Samples are physical examples which 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. The purpose of their submittal is to I demonstrate for those portions of the Work for which submittals are required by the Contract Documents the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 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 which 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, I Product Data, Samples and similar submittals required by the Contract Documents 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. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. 1 3.12.6 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has 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. 1 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 requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar s ubmittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and (1) the AIA DOCUMENT A201- GENERAL. CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EomoN - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W, WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates US. copyright and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation n 1 the date of expiration es noted below. Electronic Format A201 -1997 User Document: A201.DOC — 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #17 1 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. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or simila submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice the Architects approval of a resubmission shall not apply to such revisions. 3.12.10 The Contractor shall not be required to provide professional services which 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 responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. 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 cause such services or certifications to be provided by a properly 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, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12. 10, the Architect will review, 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. The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. .f4"14 51iop d%awmgsfoi arehiteCturaf, shiretttral, tnecianiCal grid electrical work dual tie subrnttted far approval to the 0.rchtteet ng • ur (1)+g thetSwrter ▪ .24: I`}ie Coutrachi-ssiail aasse"mble torr$ . I b _ rc . e ,, . . _.. royal', the. Architect and the t tter thrc_ a ., ,. pp y. (3 }�comptete copies in loos� e - Tea €fitiidetsirtaq ape ritainfenance.data .0f, 2€1 PTupment instaIled part nftbe Work ' 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits 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 aiid open[ azia sgitatil et» ffe d appeatanee) I 3.142 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 such construction by the Owner or a separate contractor except with pri Rwritten consent of the Owner and of such separate contractor, . The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP ' 3.15.1 The Contractor shall at all times keep the premises and surrounding area free from accumulation of waste materials Of ate rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. • ▪ 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 1 1 1 1 1 1 1 1 1 AIA DOCUMENT A201- GENERAI. CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDMON - AIA - COPYRIGHT 1997 - THE AMERICAN I INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates US. eopyri taws and will subject the violator to kgal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violatoon until the date of expiration as noted below. . Electronic FonnstA20I -199 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page 1118 v z) tg� Ina e�rt at co 1 t`�an ?1Yn�rl a -pemov all ta a ... ... et. »so, r s~ s,a>14.11 p: ,,,�y p � rate t:tlbitl s C } p nmot ?Hugezpt ntsa ot&ttote r iti: swfa ladotherwork and. c,remaue ots,Modar. 1asYer sa3}ind art frotri m arble, avtt Tither, fht#'sh tnater ais from alt surf anti atfter work: an (d) mean fixates,. b'trtetivotk. and .ec{tiipliea ?lrtgstalt>s and dust and leave ut attundantaged andnew condition and (e }clean all sbrfacesand other work acetudaace recummerrdationsufdietnattufaehtrers. ,•..•µ -- ., ACCESS TO WORK 1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. I 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 and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such 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 the Contractor has rea.on to believe knows or should have ktiawti that the required design, process or product is an 111 to the ingement of a copyright or a patent, the Contractor shalt be responsible for such loss unless such information is promptly furnished t, ii iv Architect, r"asc die arc &[reef shat1 be Iialile iti the gvm foi er s " urlil"ass: INDEMNIrICATION 111 3.18.1 1 1 1 14 .1 ARCHITECT ARTICLE 4 ADMINISTRATION OF THE CONTRACT pf�sE the 9rk t4: tin ,� r 'tattiet g a Tica1 cp �o the;S 1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. Tire Asctiitteeiiws ttfdtiti ed€ as siici't tti soccessot Archltei:ti s#St 3Wner � �ppo' , r�tfsj' ivirl�enncsticeeCotttrScMg�fratniiui�io ;{une,.� �.— .`...,.. 12 AIA DOCUMENT A201-GENERAL CONDmONS OF THE CONTRACF FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright ayes and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation ntil the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC — 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page 419 3,z0R x". , h.... 1, 3 . �a �>, euri - f ttt� Colds to teRtshaEl ta ° . , petseded cesptm4� 3 , acts as set tYh, the notice its the , g_ eatricstxms tliy3n fiord, �a&ekihe`e1 cUv dtlie notice, unless pttduaty tit the extent Elam the tithe tliit A' rclrirgtiCSiialt be tedireeted I u: rispei6 tespodsibtlfty by .Owner: Similarly, from thxie to tone, ,Owner fnay expadd Or .reduce Qwne'ts deleganan.;ofi pawe Axclttteet; witirOtinter so•nolifyitig Coiittacttir of any sech'ebanges. The tshall riot be :pttsSrsted as a third partajlonigi y' the C ontractand cad kxrno way bbj eet expansian orredett tonofpoWe fine event, however,shaftOwtieihave pant bier or Charge 4 br be responsible for, ebnstnictien means; methods, techniques, sequences or procedures, or for sakty prt'e ittiotis ' or programs in connection with the Work, since theseare solely the Contractors responsibility. The Owner will not be responsible fortho Contractor's failure to carry out the Work in accordance with the Contract , Documents. The Owner, will net have control over lit charge ofnridwill not be responsibteTor the acts ar omissions of Contractor, Subco their av,,ents al-employees, orofeny ether persons perfbrminGpottions ot`the 1York 1 1 1 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a new Architect a whom the Contractor has no whose status under the Contract Documents shall be that of the former Architect. 4.2 ARCHITECTS 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 C6e AichftetCiYill devise acid ctutst?tt Willi theOWti ,. The Ahitect will have authority to act on behalf of the Owner only to the extent provided "in the Contract Documents, unl o therwise rc modified in ' writing in accordance with other provisions of the Contract Xiii "itachiteet thnUf adtnititsier Nie iierfOt rtt (10ff oft) elilgrf Ylie {ir hstect a the 'C;rsa ttorVih regatd so ntauecs sett faith ui the DraWings and Spetifiratiots. In addttson to any specific respotislbsfitie tass ided.elsewhera Witte Cotitt-act• }btt[metttt, She Architect shall decid d 4fi question's Which May arise as bathe tate psogirss Qiiti;<WOrft_'T e,.Aichit'diaeili aeihorityto act baba& oftbe °Weer elgisj the extent provided In the C ❑nuaetDoeimtentst DE e m bywr2fteit itt5tntptens ina❑eordanee, with Paragraph 4:12; w 4.2.2 The Architect, , will l'eparlii, visit the site at ' operations (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine g� cncrrcral if the Wort - is being performed in a manner indicating that the Work when f t, ly— eempleted, will be in accordance with the Contract Document. How° =m..o:e —., °^ '' e T e;Architect will xpialtue on -site inspections to check the quality • or quantity of the Work. The Architect will neither have control over or charge o5 nor be responsible 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, except as provided in Subparagraph 3.3. 1. 1 %I; atz lire " Basis of un "sire ©ltseiu tCUitis the .Ai tttecftatll `111 wti i int'otined ;APfirogtess of . the lY (inle arid iuili use hest e$,fotu g❑#0* - ( ntraga GASI feCts'and defieieuciea,nthe Wank ▪ 4.2.3 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, b � t onsit' e � Mtffe Owner, m iv,rinng-r t e a rs n y f f ilit entities performing portions o e r e I ;.!';� � � er ttt#S,rH1tla-l!i E '"' A6tij A � proeediuessafeiy atntaiisar rogratn erbmissidns fCcjntrtie€ nefhatarekirovmarahuniditaereaso nably'. eeeddsea erect, y teh .,, ., ▪ 4.2.4 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when II direct communications eemecliletissary°by the Owner and Contractor shall endeavor-to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be 'through the Contractor. Communications by and with separate contractors shall be through the Owner. 4 L:4,i', Aiiiiii es provide iti P.arag 1-30:4: .12; the Lontr"actot• "shaft tefi arrlitc:eomirui'tieatiotilit tfie ArcttiieFilirectl ; rit itii 1 s .4 1 4 . EV u nw ALA DOCUMENT A201- GENERAL CONDR70NS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. eopyrig' I laws and will subject are violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violatic until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 11 1808, which expires on 2/28/2000 — Page #20 1 1 .8",1"$2 Y3ased t7rArcirnCfSa5seiiiiians,Ftt euafinifgi.offt�t pragressanifqualltyofilicWtitkand otitracioiTApjilicailaiu'f"oi 1 Paytnei .ths Af titeect will review'and; aftercotsuitation withand t efptnfapptgvat from,Owner, certify tlieamounts due the Contactor kg "MU issuePertifitxtes for Payment is sticit amowits: 4.2.6 The Architect will have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect I considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabncated, installed or completed. - 1 r f .. . 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractors submittals such as Shop Drawings, I Product Data and Samples, bat -only for the limited purpose of,; Iueiudjs tiyitft0ut fini'itat;op, checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the I 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 Paragraphs 3.3, 3.5 and 3.12. The I Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, 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. 1 42.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. I 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will 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, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. I 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 duties, responsibilities and limitations of authority of such project representatives shall be as I set forth in an exhibit to be incorporated in the Contract Documents. 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 1 agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in compliance with this Paragraph 42, then delay shall not be recognized on account of failure by the Architect to furnish such interpretations until 15 days after written request is made for them. 1 42.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and - initial decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractors will not show partiality 10 sither and will not be t bie f_r 1 entities Documents, ' 4.3 CLAIMS AND DISPUTES 1 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment es-interpretation of AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN l INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006.5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic FormatA201 -1997 User Document A201.DOC — 2/9/1999. AIA License Number 11 1808, which expires on 2/28/2000 — Page #21 1 I Contract terms, payment of money, extension of 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 Claims must be initiated arriga by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. ' 4.3.2 Time Limits on Claims. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to suet Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated by written notice to the Architect and the other party. 4.3.3 Continuing Contract Performance. Pending final resolution of a Claim except as otherwise agreed in writing or as provided in Subparagraph 9.7.1 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. 1 4.3.4 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (I) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which 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, then notice by the observing party shall be given to the other party 1. promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if 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 an equitable adjustment 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 so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. ' If the conditions encountered are materially different, the Contract Sum and Contract Time shall be equitably adjusted, but if the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial determination, subject to further proceedings pursuant to Paragraph 4.4. '43.5 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, detailed written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.6. 1 4.3.6 If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from thr Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a written order for a minor change in tht Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3. Iit"t ie Cveite atiy Craiiit tocadit'iottilf''bat here�tia""der sfialCwcreasa Lialxuxiract iiiti by erfltzrtien perccizt (ttY�o� the C3svneritiayterminate tan Contract »oewnents without b urg 8ablq for damates tothe ~ontractoe' the Archite r oranyethployeeg *arts, suboon[raetars or nrty athec,persons ar,partteltelafed r`earetcriuttit toftieexfentoftlie'cosf afsoch int "t afpockei expenses rexsoitabty iacla�red.by„C tttr d#3.7.1Paym"; siait'nar aaetiiut ai ofarty. launi ivi3et 4.3.7 Claims for Additional Time 1 4.3.7.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein 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. 1 4.3.72 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 an the 'scheduled construction. gtiCfitiiii ihal}$esub� ltteafirionfhlyiirsltxl [ be CitnClus Yefj d euteti to haiybaiitV'a tiedl 43.8 Injury or Damage to Person or Property. If either party to the Contract 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, written notice of such injury or AN DOCUMENT A201- GENERAL CONDMONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN C OJSTTRlTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON. D.C. 20006-5292. WARNING. WARNG. Unlicensed photocopying violates U.S. copyrigh laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #22 1 1 1 1 1 1 1 4.4 RESOLUTION OF CLAIMS AND DISPUTES 1 4.4.1 Decision of Architect. Paragraphs 10.3 through 10.5, shall t ny Cti/p:niay 1 1 1 op° reepies damage, whether or not insured, shall be given to the other party within a res unable •iron n exceed' 21 — 0 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. 4.3.9 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 43.10 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 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 Subparagraph 4.3.10 shall be deemed to preclude an award of liquidated direct damages, when applicable, in accordance with the requirements of the Contract Documents. 1 I soli Anth (t i5e "ana ttrc is referred Q ioihi7A - mtu,e,c. 1or�mt4 ir3ects a v:Areevtetii L�fatrits and "w"tc i exTIM - 'la ays' frer gr (vra Claui „w,i.4 'ttuter l } rejet the£f v 6leitr etk()recomrne p iovafafth vlto leo ( apq ' uest e.i (4** roYtde d F 3 3 -p xt S k r':,� �'] z P r ti a iii# #brinatin so pp a tt a ter (a} � P, ost .a viii omiso.;Tb 4Arcrtit cis ��ctitg Qtlie prey t itg ,se:ttauce i t alibe vsticked to`Tie iv 40 £ ktintti f s teutt is r Zirw, ad of ect grist eratid8 rif#j�e tcogliiie t br f lerii dysjCa pe vided co the ljrs.Ntcc tKCta"tma , shall, ti lmilU trraue5 s Claitst in any)a4 tit " siAlkonn illy 50tainfOt€hetoahactTJociimepc " T drthtig40:0 'ides€Sziti 4imci§itionrifrutYc t jngep�titn tr ama"rnethe.tofiltaatar ' 4.4.3 In evaluating Claims, the Architect 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 Architect in rendering a decision. The Architect may request the Owner to authorize retention of such persons-at-the. 4.4.4 If the Architect requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either provide a response on the requested supporting data, advise the Architect when ' the response or supporting data will be furnished or advise the Architect that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Architect will either reject or approve the Claim in whole or in part. 4.4.5 The Architect will approve or reject Claims by written decision, which shall state the reasons therefor and which shall notify the 1 parties of any change in the Contract Sum or Contract Time or both. The approval or rejection of a Claim by the Architect shall be final .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 profit arising directly from the Work. E�i�c�ae'r, be referred initially to the Architect for decision. An—initial AIA DOCUMENT A201-GENERAL CONDmONS OF ME CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN I INSITME OF ARCHITECT'S, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates US. copyright laws and coal subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic FottnatA201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #23 1 d s - rIra ,1,4 ,i oor netlta(inn? 1 ,4.45t2. ",Ifa Clai nfi etir'esottied, itie paiiy £r aft[ng ;heC7a £rishalE „wifitiriteti (lUj days after the ArehitecCs prelimitiaiy tespo "tis "e, take on or More or the actions: (I) submit additional supporlingdata£ e.quested by the A (2) modify the initjat Claim, pc �. the A Ot t the initial Claim Stinds; - •• •• ... - . .. . 4,44 1 Fl esu[5 M Arc tic a7 F.I., tits sa'Te 43"g ,g2P,,i ier iilj'. pi pare oc- aVf#1'a ,t?1?I'nprinla all partierroricamcd.cd. 1 I 4.4.8 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 prior to resolution of the Claim by the Architect, by br. by mediation of-by-arbitrotion. 1 1 ' 4.5 MEDIATION I 4.5.1 Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and except those waived as provided for in Subparagraphs 4.3.10, 9.10.4 and 9.10.5 shall, after initial decision by the Architect or 30 days after submission of the Claim to the Architect, be subject to mediation pr-oonedings-by-either—poy, I 4.52 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. ' Request for mediation shall be filed in writing with the other party to the Contract and with the American Arbitration Association. of filing, mile= stayed for a longer period by agreement of the parties r c art order. 1 4.53 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 I agreements in any court having jurisdiction thereof. 4.6 ARBITRATION AIA DOCUMENT A201- GENERAL CONDMONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN I INSTITUTE OF ARCI4IFECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyrig' laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violatoo. until the date of expiration as noted below. Electronic FortnatA201 -199 User Document: A201.DOC — 2/9/1999. ALA License Number 111808, which expires on 2/28/2000 — Page #24 d4 :77 (3%knor and :Ctiiifractor hereby agree tliaf Cfat*:..6f disputes befWeen fiwne pitd.Confractor arisini our 'Of oi reCatine'td the Cont trac Do omeats or alueaa € shall lie decided by atiyarbitration proceeding. including. without titaitatioo, any 'proc eiia j uotiet" the-Feaeral Arhinstion Aet (9 tf.S.C. Section 1 :.,14) or airy applicable- stateirbitrasion statute, except that fn ehr :eveni ', 4r is subject r0 an arbitratiiin proceeding related TO the PCgject, Contractor consents tab! joined in the arhitrdtion proceeding; if Contractors sent: is � , �, � pre ,_ required or requested byt?wner }'stir %wrtptere relief to be accorded rile arbitration proceeding, 1 1 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 - c;fzifumish laboFnf ntaceiiall. 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 t o separate contractor or 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 iii o"2licriv %S"e fiuto "sij-TitTiorar)tiairials. 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 1 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through :44 the Architect the names of persons or entities (including those who are furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The L hitect will promptly reply to the Contractor in writing stating whether or not the Owner or the Architect, after due investigation, reasonable objection to any such proposed person or entity. • - .. . 1 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 N'tiftei ' objection Eli Elii f#sviie'rrtil "ifigilichitecc. AIA DOCUMENT A201-GENERAL CONDmONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and eon be reproduced without violation ntil the date of expiration as noted below. ARTICLE 5 SUBCONTRACTORS Electronic Format A201 -1997 User Document: A201.DOC — 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #25 1 ' 52.3 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. 1 1 5 .2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitute. 1 1 5.3.1 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, which the Contractor, by these g9nttaci Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the O 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, I 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, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will I be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which 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. i "`,' "TAM: part Tit ii"ie "Work perfotinec t for the Cantraetot>riy & Subcontraetor shall 'be pursuant to a Wrttteit subcontract {ietween se oa Unr aitdsugb SabcQatract e ach such subcontract ss ta) require ihatuch Work be its atianc lit; t3utrdmen£s of ebe Concoct 13gatntents} t'bl waive alt rights sb rise U contracting parties s nfay waive agaittde petfoczued Otte t neth ar that with ttte ' r bOrgi -actor may"jadve saws €.the ttvtxer foot- damagecabled. iv, fire orbther perils covered -by t(te grdperty jzstitaudr"p required]sY e 13acuntentsr (Is) .req die Subcontractor to 'Cur's. and suahita3n liability instiratsoo fin accordance wttii the Cantrhet indents. and (d) inquire the Subcontractor to furnish such tertiftcutes and waivers as the £}wriermay reasonably rest:esti' 1 1 1 1 1 1 5.3 SUBCONTRACTUAL RELATIONS 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 1 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 only for those subcontract agreements which the Owner accepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. riv s"liall only be por i S167e.fi joinpeps .rapei.�uiibdCnttactors foi' 4vV(k,'ddiie ni'mBis al "s sub.+plie"t€ "actaisinp: Or at Estviiep g ve4 welters notice of its hcee at ne of the .Subctruh tor?s.eubcnnttaet; AIA DOCUMENT A20I- GENERAL CONDrTONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN I INSTITUTE OF ARCHrTECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copydgh laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A20I -1997 User Document: A20l.DOC — 2/9/1999. AIA License Number 11 1808, which expires on 2/28/2000 — Page #26 1 1 6.1 I 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site undeF 1 1 1 1 ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS make such claim as provided is Paragraph 1.3 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. I 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 other separate contractors and the Owner in reviewing their construction schedules when-directed-re-do-so. The Contractor shall make any revisions to the construction schedule deemed necessary after ajoint review and mutual agreement. The construction schedules shall then constitute the schedules to be used ' by the Contractor, separate contractors and the Other until subsequently revised. ' 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their I materials and equipment and performance of their activities, and shall connect and coordinate the Contractors construction and operations with theirs as required by the Contract Documents. ' 6.22 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, promptly report to the Architect 1 i tiiil1I apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report 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, discoverable, 1 � Subtt eEta #'a gap 8 Of, cox s ea tseeE li de a 'pi ° #i iiu ci e. the "pat c . fi r, sibie.t rdr X Y per];timzci activi€ies or'de "t, ve cons ucrtfin s t"` tI'iie 1 62.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 102 .5; as weI as Fts property a `agy pfbec Gent .. c ti L 1 A 'AIA DOCUMENT A201- GENERAL CONDrFIONS OE THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN RNSrrfllfE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates US. copyright I laws and will subject the violator to legal prosecudon. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic FormatA201-1997 User Document: A201.DOC — 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #27 1 P�5, ;; W:tinT 44"ilitjtez lsputerand illif eisin q �S' . >. aSIQaS. � �tded t�ht<s�lar'dYC' ' 6.3 OWNER'S RIGHT TO CLEAN UP 1 ARTICLE 7 CHANGES IN THE WORK ctoti„Irid sGq §a Ibligatlntls' ▪ 6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their 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. 7.1 GENERAL 1 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, bull: by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article I 7 and elsewhere in the Contract Documents. 7.111 - A"Psi ld°directive or Field order - shall not be re as having any iriipaet the Contract Stint or the'Contifaci Tithe ind'Cuntractor shall have to therefor unless it shalt, prior to coMptying with same and in no evenr later than ten (10 working _.,.... days from the date such direction or order was given, submit fo for Owner's approval its cbahge proposaC • m 7:1:1 2 • Coatiactdr shall :inctude`an set foiin iii niear °and jirecise detail bralcdovilia,df tabor 5nd materials forall trades involved and the estimated impact on the construction schedule, 4ontraotor• fumish spread sheets,from • t tii brrakdowas were prepared pins spread she - rg of I arty Subearitractors: 7.1.2 A Change Order shall be based upon Writt"eti 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, siili xOt cvtittet apRr it ;tiFQsvttei; I 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in th Work. I 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, 1 stating their agreement upon all of the following: .1 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. ' 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 1 7.3 CONSTRUCTION CHANGE DIRECTIVES . 73.1 A Construction Change Directive is a written order signed by the Owner and Architect, directing I a change in the Work "and"staiitg a:pt+ Ef& 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. 1 1 AIA DOCUMENT A201GENERAL cONDMONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. capyrig' I laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violatoo. until the date of expiration as noted below. ' Electronic FormatA201 -1997 User Document: A201.D0C — 2/9/1999. AIA License Number 11 1808, which expires on 2/28/2000 — Page #28 1 1 1 1 1 1 1 i 1 1 1 1 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 based on one of the following methods: .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 Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect and Owner 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. I 73.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor 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. I 73.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Architect 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, a reasonable allowance for overhead and profit 1 O ot ^ s'7G Ilse pimento es included iit 7 ; : :e ;agd cthcrwsse tiereiri. - In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Arc may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, "acfital costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 "reastiatib7e costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; Cgs itt blC costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 geas"ona61 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Ceaa 0 a{31 "e. costs of premiums for all bonds and insuranco, permit fees, and sales, use or similar taxes relate$ to the fork and directly attributable to the Work; and .5 additional MA AR' costs of supervision and field office personnel directly attributable to the change. 1 4 aa rnst"aell: Dit ;te 19 VV1i4 wFaoq cotzfd a deeroed,tst be a t'tettaai C ©acliUVns case ar gvatfie id xucii"zs bn ao Limited to-; the�COSt OrCOhli etot and SUlac ti fs m;oi assigtte4 a:the a anii eld t:fftee and retafe f eit0,11.s4 1 b :iz F7Thp'giWittai ih cos tteetio"[iitiitb :any ropia:C ibipakes• £o "n'Z`irit& act Nrci lit'tc"af'tun, sttatf fiiraisTt "s "ifs G ran t em ' ds nireit she P, P . ii ..� 9eo s. •. req !j3` � Eyi%net'•orACP1JFtect=13n1eSs vt4terwfse �irected. �e•6reakd4K:�i Sha�1 e s in ufffciemt iieta_tp pe€mic:au dtetys£Sofalt tiatertat, laho'r equspatent subeontraeeand sverhead as welt se ndshall eovar•aii tvork 3nvalYeditt rite EOtj WEatho ,'sv}�ed nu h FS van deleted, added o ehaitge i ty atnotllfl ol?tined tpaDitea °a c $alt (e yit�lpi7i€ed• i ti SiPiilai tgicg' t. j lt • add1tto%f fire pttisptisai in616460 ti3Yte extetisioitt 6 )pstiftchtiotf'tketefor.shalI a1bt b Afinlslied«i.1 : all t Wiith3hh price fir led le i 8mditine ezte nsiml jilstt$ `v'tail'be finished wiitfiiii fliut3r (3t}) trips Uf Lift Fiidte "• rsF-141.1stC4 AIA DOCUMENT A201- GENERAL CONDmONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDmON - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W, WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright I laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 1 11808, which expires on 2/28/2000 — Page #29 1 ' F A? : ,cc+ Kf sni{ p ern ad l all bC:asraf �° rtai • grog P a#?t ad . t tot osfs, C1);Gon ottz2�s;p�o�td�t3 �s �" acv�"iwt�t i�ev`�s shh3 °- ^ s tt•' ,z a• =e•sz:: a+..� a 5a>m < r. a s .,.., • rm d �_ . q °o eta c outs 1 Cantiaptor's.prtifii ; euerytill, den vo`lK perrototd by it bEontiacto rs, ii atce eed' &ve percent SA,)• of total rtireet costs; . 4) nn t reciti changes profit oar€ overhead on the ndgitiaUt l:stlrnateq wo nit htt'ie tt7 be retutlied tU the Owner: I 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost to the Otvnet'as confirmed by the Architect and Owner. When both additions and credits I 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. 7.3.8 Pending final determination of the - tetal acttial of a Construction Change Directive to the Owner, amounts not in dispute • shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Architect will make an interim determination for purposes of monthly certification for payment for those costs. That 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 II 4. ' 7.3.9 When made, such agreement ileterminatfoe shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. ' 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority, sitbjeot to fhe apptpval of OW tier itt each case, to order minor changes in the Work not ' involving adjustment in the Contract Sum or extension of the Contract Time "and not inconsistent with the intent en8langtiage of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. 1 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. 1 ARTICLE 8 TIME 8.12 The date of commencement of the Work is the date established in the Agreement. P.3'4: s The date,ofctimzpettcement afthe NYfid 'algiu n6c. post !iy iha fa t act o rite caKUract of o ersoas or eattit`tes" • fot Glut the Co01:4. 1r J.4 ",.1.10990.1). I 8.1.3 The date of Substantial Completion is the date certified by the Architect iGir.0 - b if ed'I% ihe;Owijer in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 1 8 2 PROGRESS AND COMPLETION 82.1 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. 822 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence 1 1 AIA DOCUMENT A201- GENERAL CONDmONS OF THE CONTRACT FOK CONSTRUCTION - t997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates US. copyrigt I laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page 830 1 1 1 1 1 8.3.1 If the Contractor is delayed at any time in themenc-e..,cnt -o,. progress of the Work by an act or neglect of the Owner or I Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control and faiilr,'or by delay authorized by the Owner pending mediation and delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect and Owner may determine. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 83- Dosuments. 1 8 i SA ""1F.Contractai••taits'ia ichieve SUliiiinflat Coinpl"efioli of Eftc'Woik (or aay _pQrtiasi tfiereof} nri or beftite'fhe iiate(s ?specified forAttbstantial Qxnpieioa;tn" m Agreement, coactaetot shall pay to OVingr, as liquidated damages; the Sulu of coo Hundrett Ftfty 01000 Dollars {525(1.00) for each catenda' day that Substantial Completion is delayed afiertbe"date(s) specified far 5ubstautial ii - plot ttitt_ - 11efeliy agreed that the liquidated dirt Cages tn:Whlch Owner is entitled Hereunder ate 5. reasortable fgrecast•esf just peasatrtat foe,the-hgirn that woutdbe Contractor's failure to achieve Substantial Completion of the Work (dr" tiny partiod 5 9Fbefose" tbo daiels) specified (ttr Substantial' , oatpletioa ,Iri,the is agreed,that tine barttl'that would be'cattaea by sttch"fay'e ird!tah7ncludes lo ssaf e>spected use of the Prajeot: areas - prov€siati of eltemative storage facU11los "anti rescheduling I , 4 f ntiOg initoccukn6yr dates,-is vnethzt is incapable or' eay iffietait of accurate estintatioit. It is thirt hereby agreed that If Substantial tetiard i,the - Work drany potiioa reof} is tio€tte)tieyedtm or befalr y (30) days after thq date() spegfled :for Sta1 s m tai tloudif a Ft the iiazrit'R Would be iti3O*itti crinot fieit sossabtj foreeast•becauee it '9/obit' rnclud§ basin'iss additusei tp ldss *. a pecied nse;vfthe i?rooect ar P•5 re, 's. isiaR ti£ Alru7 tine stocagCf acillttes netel T+scltsda�iag ofinn " arrti ocar date Ttius,' u3 '_- rgKn,a�.._,,• rg dated dzirragessetf atthhecehi`. aad, atiaveiv0[; cea° seiribeassesseduailzrfareE :onrtact (3t1 ' wt r days after thedate(a) spec4Ged for'Substatltiat•Complo sgri :tit 1be Agreement and Owner shal the an et 1(a otitis eeinedles imder,the;Getitraet Doctiinents'aead of law aria in equit incltadtng without limitation, the_reenvery if.aea 1 a , :ttel s) speeifted foi•.Stabsiautial Completion :of #te Wbtk {or any portion thtreof} as the Agreement shad be sdt:ject to s 1ifImcgt as.itravided in the oiittact Aocutit its 1 1 1 operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be famished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Contract Documents or a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 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 ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 1 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. 1 92 SCHEDULE OF VALUES I 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Architect and Qwne�,,may require. This schedule, unless objected to by the Architect Nil O , shall be used as a basis for reviewing the Contractor's Applications for Payment. AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR. CONSTRUCTION - 1997 EDm0N - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON. D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright I laws neat will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC — 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #31 1 9.3 APPLICATIONS FOR PAYMENT 1 9.3.1 _ - -- - - 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 ma require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for in the Contract Documents. iirQtjded tiiat an"Appreitionn'TOINYthent is received by the Areiiiteot end Owner, - arid ArchifeCE:iSsues a Cettlftiisie &fPayitient not later than the remit -(Nth) day of a tngttth, the Owner shall snake payment to the Contractor tuft laterttiati I the tenth (30th) day of the nekt month, tf an Application for Payment is received by the Architect and Owner after the application date fixed above payment shall bo made by the .Owner r not later,than one month after the Architect issues a Certificate .9:f Paytrtent, T ft eehitect shall not cert "' - - - . • _, - _ - ifs any payment based thereon if to by the Awner, Shawn, 1 9.3.1.1 As provided in Subparagraph 73.8, such applications may include requests for payment on account of changes in the Work which have been properly authorized included in Change Orders. I 9.3.1.2 Such applications may not include requests for payment for portions of the Work for which the Contractor does not intend to pay to a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. 1 9.3 .2 Unless = 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 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 I 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 1 the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the- time of the earlier Sf£ iitootpotaifon into the' Wor3 sir uptyn'payment. The Contractor further warrants that upon submittal of an 1 Application for Payment all Work for which Certificates Payment have been previously issued and payments received from the Owner shall, be free and clear of liens, claims, security interests c encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of 1 having provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 1 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in 1 Subparagraph 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 Wri: St 'Yaliott5 at-tltf"Stte and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to ao evaluation or the W fo 1 1 1 1 • specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (44—made—exhaustive er made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. AIA DOCUMENT A201-GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON; D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. cepyri&! 1 laws and will subject the violator to legal prosecution. This document was elcceonically produced with permission of the AIA and can be reproduced without violetim until the date of expiration as noted below. Electronic Format A201 4997 User Document: A201.DOC — 2/9/1999. AIA License Number 1 11808, which expires on 2/28 /2000 — Page #32 1 1 1 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 Subparagraph 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 Subparagraph 9.4. I. 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 {er - which ' � "' • • � - • _, because of: 1 1 1 1 1, 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 1 1 1 1 9.6 PROGRESS PAYMENTS eaAnouucslolbe d a iut tpAuc6 r ,„ "4<to 47 ,F ?aymept•oa tetti ,catdAf'7.4 ttk'° „ e lip .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 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 another contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and p8 that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. 9:5,37„ ,„ Ctititracidr i[spu{es ap y teiemiiiiaiiiiil'by, the lirdietect s¢i[li to ai} Qr as "pact of a;eiiS6Eat6 uf 4yui w TiicS d'tap ed Bmo�tpt is $50 040.QE1 or the:b Wner J e3sCo n trac t or steal} rte rtheless e speditiousig;toiitinue to p eufe the �llrorte, Thhe•tlisputetl a >r more titan 3 50 0043 30 »ra Arelu sh v oeic:9011 of et sii isp t 1e iu resotved. T£,the Atolnte tsu t d io •eertt payraeat ttd olds a Ceitthcato lb r my teastis , thg wil(prtiinptiy'a 'tu tvri0ua reitsoos t1 p n 1f• i - y f t nb o i a+ts to Fns ca io w ch " res u 1ts`us z � - Ret&IS `i „ to x r i u cF t: lefidcr'S hcltlt';t?KFCfifSa ' t7� d'a #ip la Rtrnmkai�Payrrt t of itore �h'aii SS U fl tt� onti t mfr stop wbcics acitH su ite : Appt toht toa f P i3 dieri sfiuicT di • :CTI 1:t s } alt 1P " 1emed tfs tic in bTF5riltrq Zi "15"orn heat feafiou # €SC,t 1011,tg nF aay 1raYmetrt <e ash ! Y afF 6 e P- 1 4? Cvtt6�ce 'provided 5lt t ichl eet leas apprtsvetl the Et�vtier:s ac ccibe w tk itr u estia d U ve ia . eared fiy y stee atentaI autit drity t 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. 9411 iiiap ertU i.t indka paid etiti on apy for " iYieitt iivAidiaA +itti o it limn a Ehe Ana' Certificate for Paymt9diyfor tiny defaidt'under tli = t•"ontrtteeNcumettts incJtlding tiut iibtliraittd t* thltse,defkir£is AIA DOCUMENT A201- GENERAL CONDrrIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright I Taws and will subject the violator to legal prosecution. This doaunent was electronically produced with penniuion of the AIA and can be reproduced without violation until the date of expiration as noted below. - Elearonic Format A201 -1997 User Document: A201.DOC — 2/9/1999. ALA License Number 111808, which expires on 2/28/2000 — Page #33 1 I 9.6.2 , The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of' the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflectin I percentages actually retained from payments to the Contractor on account of such 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. I 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. ' 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. ' 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 and 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 I money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. 9.7 FAILURE OF PAYMENT 1 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receit 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 arbitration, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been I 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 shut -down, delay and start-up, plus interest as provided for in the Contract Documents. ' 7 > alfOWi1 tf iiii tg t :faregatug. xin sum "xhalt be a±td'as 'a., Testa FlTirlith"a" tc o dispufe iic" 1 Been ATvnei' tfn Lbati ir, cavi8ed hotxieder tf shelf dispute €s"visor iiitintrnctnr'e fiavot; the ^CenaactSsasn ah it belincreusedas provided irfthe preceding ' 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. , i)Tk tjie eQnstdecedilaih a uT Sil�igtaiitial� Cpnjp efion ievfcty itnlii alj,I 'tiieet Sysiems jticl'udeed jn`�"t to ayjC Opetatiotiat as'destgti and Scheduled, all designated or•t quired,govera,uie0tal ttspectlnne and certlfrcatioiis have been inadefand pvstedd‘desiguatedinattj?tstob et'Owher'a petsvnneli gHie;cperatidn,14;$Yaterngls"as beenFvuspleted; and alt,fasar slice wii m. rate ' ontiact t3ocwnents:are ;in pia`ee: to general, the turfy ietnt oditg W Ininature; sir that the Owiter.andtor OWs'0 l 'Could octupy thelauiteineort thatifade and the cotnp[etidn aPtti "Wark.kiy the Coiltrrctotwoufd not inatertaily-in terfere ittE 1 1 w � k .x"� d_H.5 • i cliff rt . tjt„ Scf . amartPtait AIA DOCUMENT A201 CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W, WASHINGTON, D.C. 20006.5292. WARNING: Unlicensed photocopying violates U.S. copysig' I laws and w01 subject the violator to legal prosecution. This document was electronically produced with ',emission of the AIA and can be reproduced without violado, until the date of expiration as noted below. - Electronic Format A201 1997 User Document: A201.DOC — 2/9/1999. AIA License Number 111808, which expires on 2/28t2000 — Page #34 1 ;Om slet&t' thirty, , dat 40's agieed fo awing � �'• u G �tFa Fwi . °t�iatil,=r.o: ieUOiiy� YdoY Bad rig 3betgre ui the Owtker bi `t ef i%seit0 to ke ; .. • tr � .Va+: aY P�attt o n�'n - Ct'ttt� f • tollComp ortorxny.Ggrtiticoteo Paymetit;( inatadinnw' sthouclimitatiair-# he trial CeitWea [oofPaymo at)£orazCydWefatU ofrthet'vntractor., 'he;btkner shaft itbt be deemed in default by Lease:ovawithhoiduig- paythetit wfu'le any of sucfi cfefauCts ieinain uncured 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 prioF te 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. ThG Con raotgr shall proceed Eirotnptiy cons fete and cote items t tiii h'b t 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 eufftsie� in accordance with the requiretnetita o ' tbie Contract Documents 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 I Completion for approval by Owner which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall 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 such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such 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. ' 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 suoh-portien4s Clause 11.1.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence I whether or not the portion is substantially complete! provided -the OR Owner and Contractor wed a e'e ire 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 �I ; agree "a 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 Subparagraph 9.8.2. ' 9.92 Inunediately 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. 1 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. 1 1 AIA DOCUMENT A20I- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W, WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright I laws and will subject the violator to legal pnueatdon. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic FotmatA201 -1997 User Document: A201.DOC — 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #35 1 9.10 FINAL COMPLETION AND FINAL PAYMENT 1 9.10.1 Upon receipt of written 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 and, 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 the I 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 terms and conditions of 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 I a further representation that conditions listed in Subparagraph 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 ' iuW'OSVnei' (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 and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement satiafnctory.10 Owner That the insurance will net - renewable - cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may fumish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien 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 such lien, including all costs and reasonable attorneys' fees. 1 1 1 1 1 1 1 1 .1 .2 .3 ' 9.103 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 and accepted, aeSS ieli ppr<ent (f lk %a) Xeiaipag‘e. If the remaining balance for Work not fully completed I or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to th Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, I except that it shall not constitute a waiver of. claims. 9.144 ' 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material 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 1 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. AIA DOCUMENT A201.GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDmON - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W, WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyrig' I Taws and will subject the violator 10 legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violatio. until the date of expiration u noted below. Electronic FonnatA201 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #36 SECTION 00900 ADDENDA AND MODIFICATIONS 1. During the course of the bidding process, the Architect may issue contract document clarifications, amendments, or revisions. These clarifications, amendments, or revisions will be issued in the form of an addenda. 2. Addenda when issued by the Architect will be forwarded to all bidding General Contractors, and local area plan rooms as applicable. It shall be the General Contractors' responsibility to inform bidding subcontractors whose work may be affected by the contents of the addenda as to the subject matter contained within the addenda. 3. Written addenda may be issued by the Architect up to and until 72 hours prior to the specified bid opening time. 4. Telephone/facsimile addenda will be used only for forwarding information deemed by the Architect as crucial to the bidding accuracy and completeness for the project. Telephone /facsimile addenda items may be issued by the Architect up to and until three hours prior to the specified bid opening time. Acknowledgment of receipt of telephone /facsimile addenda information will be requested on the bid form. Subsequent to the bid opening, the successful bidder, or apparent low bidder, will be given a written telephone/facsimile memorandum describing the actions taken or directives made by the telephone /facsimile addenda. The bidder will be requested to affirm that his understanding of the telephonelfacsimile addenda corresponds with that contained in the written telephone memorandum. In the event that he indicates having a different understanding to the addenda material than that indicated by the telephone memorandum, he will be requested to modify his bid accordingly in order to properly reflect inclusion of the addenda material. Should such modifications adversely affect his bid price, the Owner will have the right to entrain similar confirmations and discussions with the next lowest bidder until he is satisfied of the accuracy and faimess of the affect of the telephone /facsimile addenda. 5. Subsequent to the bidding of the project, but prior to an actual contract for construction being executed, the Architect may issue modifications to the contract documents. In such instance. the successful bidder will be requested to revise his bid accordingly so as to properly include the affect of the modifications. 6. Subsequent to the execution of a contract for construction the Architect may issue additional modifications to the contract documents. These modifications may be the result of the Contractor's formal Request for Information, the Architects Field Authorizations, or Request for Change Order Pricing issued by the Architect. END OF SECTION Section 00900 -1 THIS IS A BLANK PAGE Section 00900 -2 SECTION 01011 SUMMARY OF PROJECT PART1 GENERAL 1.01 SECTION INCLUDES A. Project Work covered by Contract Documents. B. Contracts. C. Administrative and Procedural Sections applicable to all Contracts. D. Temporary facilities and services Sections applicable to all Contracts. E. Example Article titles. 1.02 PROJECT - WORK COVERED BY CONTRACT DOCUMENTS A. Unless otherwise provided, Contractor shall provide at his expense all materials, labor, equipment, tools, transportation, utilities necessary for successful completion of the project. Any item, material, device, etc. shown and /or specified is to be completely installed whether specifically detailed or not. 1.03 CONTRACT FOR GENERAL CONSTRUCTION A. Division 1 - General Requirements: 1. Administrative and procedural Sections listed within Division 1 and the General Conditions. 2. Section 01700: Final Cleaning. B. Provide all Work identified in Divisions 2,4,7, and 9. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION Section 01011 -1 THIS IS A BLANK PAGE Section 01011 -2 1 1 1 SECTION 01020 ALLOWANCES 1 PART 1 GENERAL 1.01 DESCRIPTION 1 A. Cash allowance amounts include the cost of the Product to the Contractor or Subcontractor, less applicable trade discounts, and labor to install the Product. ' B. Cash allowance amounts do not include costs associated with product transportation and delivery to site, handling at the site, storage prior to installation, or protection of the Product. 1 C. Incidental costs mentioned herein which are stipulated not to be part of, or deducted from, cash allowances are to be included as part of the General Conditions and included in the Contract Sum. D. Funds are to be drawn from cash allowances as required and approved by the Architect and Owner. Documentation of allowance expenditures shall be by change order. PART2 PRODUCTS Not Used. 1 PART 2 EXECUTION Not Used. END OF SECTION 1 1 1 1 Section 01020 -1 THIS IS A BLANK PAGE Section 01020 -2 SECTION 01023 CONTINGENCY /PROJECT BETTERMENT ALLOWANCE PART1 GENERAL 1.01 ALLOWANCE A. Provide the following Contingency Allowances: 1. Owner - $10,000.00 1.02 REQUIREMENTS A. Monetary Allowances for certain elements of work are provided in the contract. Work provided under allowances shall be as directed by the Architect. B. The amount provided in the contract shall be exclusive of profit, overhead, or sales tax if applicable. C. Costs not included in Allowance Amounts: 1. Product delivery to site. 2. Handling at site. 3. Protection at site. 4. Labor for installation. D. The General Contractor shall provide a reconciliation of the expenditures for allowance items prior to the request for final payment. Should the actual cost be more or less than the allowance, the contract sum shall be adjusted by change order equal to the amount of the difference. PART2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION Section 01023 -1 THIS IS A BLANK PAGE Section 01023 -2 PART1 GENERAL 1.0 SECTION INCLUDES A. Coordination. B. Field engineering. C. Cutting and patching. D. Pre - construction conference. E. Progress meetings. 1.02 RELATED SECTIONS A Section 01045 - Cutting and Patching. 1.03 COORDINATION SECTION 01040 COORDINATION A. Coordinate scheduling, submittals, and Work of the various Sections of Specifications to assure efficient and orderly sequence of installation of interdependent construction elerents. B. Verify that utility requirement characteristics of operating equipment are compatible with building utilities. Coordinate work of various Sections having interdependent responsibilities for installing, connecting to, and placing in service, such equipment. C. Coordinate space requirements and installation of mechanical and electrical work which are indicated diagrammatically on Drawings. Follow routing shown for pipes, ducts, and conduit, as closely as practicable; place runs parallel with line of building. Utilize spaces efficiently to maximize accessibility for other installations, for maintenance, and for repairs. D. In finished areas except as otherwise indicated, conceal pipes, ducts, and wiring within the construction. Coordinate locations of fixtures and outlets with finish elements. E. Coordinate completion and clean up of Work of separate sections in preparation for Substantial Completion. F. After Owner occupancy of premises, coordinate access to site for correction of defective Work and Work not in accordance with Contract Documents, to minimize disruption of Owner's activities. Section 01040 -1 1.04 CUTTING AND PATCHING A. Employ skilled and experienced installers to perform cutting and patching. B. Identify any hazardous substance or condition exposed during the Work to the Architect/Engineer for decision or remedy. 1.05 PRECONSTRUCTION CONFERENCE A. Architect will schedule a conference after Notice of Award /Notice to Proceed. B. Attendance Required: Owner, Architect, Architects Consultants, Contractor, Plumber, Electrician, and HVAC subcontractors. C. Agenda' 1. Submission of executed bonds and insurance certificates. 2. Submission of list of Subcontractors, list of Products, schedule of values, and progress schedule. 3. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders and Contract close -out procedures 4. Scheduling. 5. Substantial Completion. 1.06 PROGRESS MEETINGS A. The Contractor is to schedule and administer meetings throughout progress of the Work at maximum monthly intervals. B. Make arrangements for meetings, prepare agenda with copies for participants, preside at meetings, record minutes, and distribute copies within two days to Architect, Owner and • those affected by decisions made. - C. Attendance Required: Job Superintendent, Architect, Consultants as necessary and major Subcontractors and suppliers, as appropriate to agenda topics for each meeting D. Agenda: 1. Review minutes of previous meetings. 2. Review of Work progress. 3. Field observations, problems, and decisions. 4. Identification of problems which impede planned progress. 5. Review of submittals schedule and status of submittals. 6. Review of off -site fabrication and delivery schedules. 7. Maintenance of progress schedule. 8. Corrective measures to regain projected schedules. 9. Planned progress during succeeding work period. 10. Coordination of projected progress. 11. Maintenance of quality and work standards. 12. Effect of proposed changes on progress schedule and coordination. 13. Other business relating to Work. 14. Review of monthly pay request (last meeting of the month). PART 2 PRODUCTS Not Used Section 01040 -2 PART 3 EXECUTION Not Used END OF SECTION Section 01040 -3 LEGEND — INDICATES EXISDNG CMU WALL TO REMAIN — INDICATES COSTING STUD WALL TO REMAIN = _ = — INDICATES EXISTING STUD WALL TO BE REMOVED NOTE: REFER TO SPECS FOR DEMOUDON REQUIREMENTS. EW.C. 106 124 CORRIDOR WEIGHT ROOM j108IAEROBICS REPLACE WALL AS REQUIRED (DEMOLITION PLAN SCALE: 1 REPLACE WALL AS REQUIRED. 105 CORRIDOR W 0 W II w 0 0 0 U • NM II\ Mr cemrthl 200l BEET DA -2.1 HDECTICOX LEGEND - INDICATES NEW CMU WALL - INDICATES EXISTING WALL TO REMAIN STOR. EPIACE GYP. BD. AS REQ'D. rig az CORRIDOR NEW CMU WALL NEW CONC. CURB MATCH EXISTING VINYL WALL COVERING EW.C. r 106 WEIGHT ROOM POOL REPLACE GYP. BD. — ALONG EXISTING BLOCK WALL AS REQUIRED 11081 AEROBICS F OOR PLAN SCALE: 1/8" = 1 ' —O" — REPLACE GYP. BD. ALONG EXISTING BLOCK WALL AS REQUIRED REPLACE WALL REQUIRED EPDXY WALL PAINT TO MATCH EXISTNG INT NG JAW 105 REPLACE WALL AND FRP AS REQUIRED ORRIDOR sm A -2.2 DECK 3 -5/8 M1L STUD 5/8" GYP. BD. CLG. VINYL WALLCOVERING TO MATCH EXISDNG CORRIDOR EXISTING LOCKERS 6" CMU 7/8 FURRING CHANNEL 5/8" GYP. BD. BASE TO MATCH EXISTING FILL VOID WITH GROUT. (TYP) EPDXY WALL PAINT TO MATCH EXISTING 1/4" SPACE (SHIM) SECTION SCALE: 1 /2" = 1 ' -0" SEALANT RE: SPECS EPDXY FLOOR PAINT TO MATCH EXISTING PROVIDE CONCRETE CURB AS BASE FOR LOCKERS, REINFORCE WITH 6x6x12 GA. WELDED WIRE FABRIC. 0 0 SECTION SCALE: 1 /2" = 1 ' -0" • CMU CONTINUES TO DECK AT SIM CONDNION CLG. EPDXY WALL PAINT TO MATCH EXISTING EPDXY WALL PAINT TO MATCH EXISTING EXISTING 4' CMU WALL TO REMAIN. BE CAREFUL NOT TO REPAINT AS REQUIRED DAMAGE EXISTING PLUMBING AND ELECTRICAL COSTING LOCKERS SEALANT RE: SPECS EPDXY FLOOR PAINT TO MATCH EXISTING JANITOR TYPICAL NOTES GIVEN AT DETAIL 1. CMU RUNS TO DECK AT THIS COND[ON EPDXY WALL PAINT TO MATCH EXISTING WOMEN SECTION SCALE: 1 /2" W U W } W LL 0 0 co U w F- 2 Q A C.Pright 2,01 rc a SOT A -2.3 MIXECTIOKKO -LC- ANEL 'H LC -35 L2S17J LA- ts_ EN HA -5E rvav1 009 10 EN IS STOR. _C -37 FOR INFORMATION PURPOSES ONLY •LC -1.3_ LC -F21 ' di - LC-14 1 p _i [li CORRiM °, r SCA LEI 1 /8" = 1' -0" 1 RE: SHE -E -10 FOR MEZZANINE ELECTRICAL PLAN AT THIS AREA I VA1 \ EXISTING ELECTRICAL PLAN SEET EA -2.4 1 10.2 SAFETY OF PERSONS AND PROPERTY ' 10.2.1 The Contractor shall take reasonable briTW14 precautions for safety of, and shall provide reaseaalale gggeirm protection to prevent damage, injury or loss to: employees ail persons on the Work and other persons who may be affected thereby, 1 1 1 1 .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 or the Contractor's Subcontractors or Sub - subcontractors, 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. I 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. I 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable all fteriffilty safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety I regulations and notifying owners and users of adjacent sites and utilities. 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. 1 10.2.5 The Contractor, at its Sole cost a d expense, 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 Clauses 10.2.1.2 and 10.2.1.3 caused in whole or I 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 Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them eF-by The foregoing 'obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 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 Ito the Owner and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 111 10.3 HAZARDOUS MATERIALS ' 10.3.1 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) 6f , "Ea"ty otltdr Iia2 tC OOtni.i. kei E encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and r eport the condition to the Owner and Architect in writing. 10.32 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 verify that it has been rendered AIA DOCUMENT A201 COMMONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006.5292. WARNING: Unlicensed photocopying violates U.S. coPYdght end will subject the violator to legal prosecution. This document was ekaronically produced with permission of the AIA and can be reproduced without violation nti the date of expiration as noted below. Electronic FormatA201 -1997 User Document: A201.DOC — 2/9/1999. MA License Number 111808, which expires on 2/28/2000 — Page #37 1 harmless. Unless otherwise required by the Contract Documents, the Owner shall fumish in writing to the Contractor and Architect lithe name and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. The Contract When the material or substance has Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional 'costs of shut -down, delay and start-up, which adjustments shall be accomplished as provided in Article 7 1 1 1 •l0.4 The Owner shall not be responsible under Paragraph 10 3 for materials and substances brought to the site by the ontractor unless such materials or substances were required by the Contract Documents. 10.5 If, without negligence on the part of the Contractor, the Contractor is held liable for the cost of remediation of a hazardous aterial or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the ontractor for all cost and expense thereby incurred. 1 10.6 EMERGENCIES 10.6.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, take all I SGFf a and tieeC r aetj ons to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on accou of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. r RTICLC 11 4 CONTRACTOR'S LIABILITY INSURANCE E r M 4 r� R, . 4J tU 'TaiR( gea PAR#LO AI { f'- 2) - f.Sf 'BY 7 3 B A" ATfAC D HERE T'O ANt3 INCORPORATED HEl EIN'!iY plEl EttEI CE Ok.' employees; eMP/ AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN ' aJSTTUIE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 200065292. WARNING: Unlicensed photocopying violates US. capyrigh laws and will subject the violator ta legal pmsmmon. The document was electronically produced with permission of the AIA and can be reproduced without violatioi until the date of expiration as noted below. Electronic FormatA201 -1997 User Document: A201.D0C — 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #38 1 1 1 1 1 .4 .5 .6 .7 8 and-194444 OWNER'S LIABILITY INSURANCE Clau:ea 11.1.1.2 through 11.1.1.5. less of result - PROPERTY INSURANCE AIA DOClllr¢Nf A201 -GENERAL CONDffIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN E OF ARCHITECT'S, 1735 NEW YORK AVENUE N.W, WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates US. copyright and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation ntil One date of expiration as noted below Electronic Format A201 -1997 User Document: A201.D0C — 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #39 1 1 114.1.3 11.1.1 I 4-6444 1 1 1 1 ALA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AlA - COPYRIGHT 1997 - THE AMERICAN INSITIIIIE OF ARCHITECTS. ECTS. 1735 NEW YORK AVENUE N.W, WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyrig' I laws and will subject the violator to legal prosecution. This document was electronically produced with penntssion of the AIA and can be reproduced without violatic until the date of expiration as noted below. Elecoonic Format A201 -1997 User Document: A201.DOC — 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #40 1 1 1 1 subcontracto,_ in im.:la man.._. 1 4 44 1 1 12.1 UNCOVERING OF WORK ARTICLE 12 UNCOVERING AND CORRECTION OF WORK ▪ 12.1.1 If a portion of the Work is covered contrary to the Architect's b1 pdt'g request or to requirements specifically expressed ▪ in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's di' O;viiei`s examination and be replaced at the Contractor's expense without change in the Contract Time prt,nnir, i f •Stirtj, 1 12.1.2 If a portion of the Work has been covered which 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 AM. DOCUMENT A201-GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDrr10N - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D C. 20006 -5292. WARNING: Unlicensed photocopying violates I U.S. copydght Pm and will subject the violator b legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date or expiration as note d below. - Elechvnic Format A201 -1997 1 User Document: A201.DOC — 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #41 1 1 1 1 1 1 Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.2.1.1 The Contractor shall promptly correct Work rejected by the Architect or Owner or failing to conform to the requirements of I the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correctmg such rejected Work, including additional testing and inspections and compensation for the Architect's and OWnet's services and expenses made necessary thereby, shall be at the Contractor's expense. ' 122.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In addition to the Contractor's obligations under Paragraph 3.5, if, within one year after the date of Substantial Completion I of the Work or designated portion thereof or after the date for commencement of warranties established under Subparagraph 9.9. 1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not-in adictive Ot:WeeiWise trot iii accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so If the Contractor fails to correct dyitfttpt ' 4? nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the . Owner may correct rrect it accordance with Paragraph 2.4. fl t- CtUi€t'>ai'tbt` t�0¢3 f�,Li :CEiTtC'C $� S 1 Clt''d a w i �Sbta � w,:t €iy vtrittanauuee e i _ . t esptr eitta£ the ms s == sTi - g Sc r - lves Af h a' �#te di =a n tate S3aisgirTeencf anfi eg 7 •ntu i idttave' R' .. Vin es " Ft . *,1 siicb pPt P0 , s3a: t :Pc�r 00 :.„ .,0- e. A1dta' hall be rethttert + defioiency:4 `paymettts:tl ett or'therea ilue t iie t t€acto o' ira r droll lam` the, diff"erei c tr tc! tha Ow' F= ▪ 12222 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 performance of the Work. 12.223 The one - year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant ' to this Paragraph 12.2. 1223 The Contractor shall remove from the site portions of the Work which are t�tp rse not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. - 122.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, I of the Owner or separate contractors caused {y2xi by the Contractor's correction or removal of Work which is a* not in accordance with the requirements of the Contract Documents. 122.5 Nothing contained in this Paragraph 122 shall be construed to establish a period of limitation with respect to other obligations I which the Contractor might have under the Contract Documents. Establishment of the one -year period for correction of Work as described in Subparagraph 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 I 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. Bn3t'I1i earre#P ,wriediec'seE.' ntiEi tE �ra¢ i aie soot ixclti "sine and kl iiepiitC ih[ tne ; 'c#% f %F AIA DOCUMENT A201-GENERAL CONDMONS OF THE CONTRACT FOR CONSTRUCRON - 1997 EDITION . AIA - COPYRIGHT 1997 - THE AMERICAN I INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates US. sopyrig laws and will subject the violator to legal pwsecudon. This document was electronically produced with permission of the ALA and can be reproduced without violatio.. until the date of expiration as noted below. Electronic Pouliot A201-1997 User Document: A201.D0C — 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #42 1 1 RI 1 123 ACCEPTANCE OF NONCONFORMING WORK I 123.1 If the Owner prefers to accept Work which is ijafcciivi or afCtei not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring ifs 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. I l2 27)4'9 chaige in the Wort .1r /hether'liy way of alieraiioii of addirioti to t€ie:Work, shall lie The basis'of an addition to fie Co Ott S;ut to, the Confiact Tiige unless and'tu til sach.alteratitju or addition has been au a C1 authorized by tinge Crder'execnfed Ftid issued io teat-donee With and in stria comptiattee with ific'requirements ofthe Contract Discontents. This requiretnent is of the ' e ss ence of the Coutraat Doctunerits Accordingly,',no course aF conduct or dealings between the parties, nor *Implied tctc ceptance of altetutioas ar additions to the Work, and rto plaint that Use Owner has been unjustly enriched by any alteration or addition the Work, whether' of not there is infect any sttth on ust enrichfnent shalt the bass for any claim to an increase tithe Contract :S2 4r change €n the CCatr44 Ti 1 13.1 GOVERNING LAW ' 13.1.1 The Contract shall be governed by the 'SXril1i�'msan. Cetiiit'�tip;��exasM ARTICLE 13 MISCELLANEOUS PROVISIONS awsof '€iaas; attd;veauCibfl;iieia 132 SUCCESSORS AND ASSIGNS 1 132.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements d obligations contained in the Contract Documents. • €6e`� na" cp- acb xttay uoce t t€ rgit y rigfifs - -a , - eua - lie dig" riYaC y entt which shutl-iucCeed to ttr e � � 3 ' , € be sptiikd Fe the3 is of9# k bie Anya uue ttt by Contractor witItquot trtiof v,706ttv6itgenl nOb {7wtie1 slta3l Iie vali€ g. 32 Owner The ner may, without consent of the Contractor, assign the Contract to an institutional lender providing construction inancing for the Project. In such event, the lender shall assume the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. 1 33 WRITTEN NOTICE 133.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or 'entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last lisusiness address known to the party giving notice. 1 3.4 RIGHTS AND REMEDIES 3.4.1 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. 1 3.42 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 l e specifically agreed in writing. AIA DOCUMENT A201-GENERAL CONDITIONS OF THE C0N1RACr FOR CONSTRUCTION - 1997 EDMON - AEA - COPYRIGHT 1997 - THE AMERICAN -�— OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright and will subject the violator s° legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation di the date.of expiration as noted below. Elechonic Form at A201 -1997 User Document: A201.D0C — 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #43 1 1 13.5 TESTS AND INSPECTIONS ' 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and 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 aria. flivner timely Written notice of when and where tests and inspections are to be made so that the Architect acid €) may be present for such procedures. 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5. 1, the Architect will, upon written authorization from the Owner, instruct I 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; writte i'notice to the Architect and Owner 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 Subparagraph 13.5.3, shall be at the Owner's I expense. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, Go piyve 'faiity o f ,o01 erwise`t bfeotive Via; all ' costs made necessary by such failure including those of repeated procedures and compens for the Architect's services and expenses shall be at the Contractor's expense. 1113.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured Illby the Contractor and promptly delivered to the Architect. ' 13.5.5 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. 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in ,the Work. 13.6 INTEREST 1 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing Prejest is 1ocate9- aufresfdaft L. r .1 1 .2 1 1 - •x.1. -- Y. e Y Y •. ituad ti$f't w AIA DOCUMENT A20I.GENERAL CONDrnONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006.5292. WARNING: Unlicensed photocopying violates U.S. copyrigl ws and will subject the violator to Legal prosecution. This document was elegronicalty produced with permission of the AIA and can be reproduced without violador. ndl the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC — 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #44 1 1 1 f33:;,�. CpSTSi41�lA�r1',Cf•QRNEXS irr.Eioi aE 16e pr iti . td" art .. . }' er1 t3` ES t ;ecessary"ta sDfgr izr"tntelpref the�Fer"rns 0#`ifie >Contcact 1JoeumeRts, tht: prevaElpi� F S91a41 entitled to irasattable attonlcp's A'e.4.cos a11d iaeeessaty disbnrserrients to add tion to any relie£ttz whteh tt raay to entitled 73:8 c9P:r CT9r.q , ..1 .8 € Coturaavrceagrees fui7iisli (}ititTers ieb #ziftrraiatiarr as ineyb avafla&le "its Ctiatraetol's files antrre"cbr�ils fvc 41ie Prsmjeot for ' dit host: afaid g Owner is establishing de areciatioa schedule for the Project or such portions thereof a bwner'iney determin: e CrV CRPlic . :W "YATE L' 11w . LTS t µ 3 9 t" unffieVir •"shall""save aa�' keep.L)a aei, "r s 7aaz pioceeds ,arid {)Biliei s siopgtty free frb iii "; meelfanles'" aacl eria ni iieiis and iilt'affier•liens and elaims, legal oF,equitabie, arisini nut of Caittaacf it Work bereutt Ta,tlie ei�ent n F P f 11 jeni ilu s-tii 4 y anyori - laattFa .. t> t tlu © or under Goniraei6r. Coutt r shall relttov? and t ti carge saaie'wtthin F: t�} Tit. s.00the 1117ii the?EDf . - . ... h . ... ofigCot"'' Ttgl „hereUq T3 su5or "diriai pity ahil a7I' l " 'tigbti4:aad "Inieiest liF ktigr cbpate ei "3tii; >F c snd c" attatiwt. aU'utecbartics' .tiriit maEeit ilrisea* ;ben ; uttiler the al pbcabfe- la :n1 The gale mP Y` s; wbetJ nr :Eoay Aetiaal; titntlunal e ta€ mec €wIte7d,,ortn Ise tiwiied .ttiafimed urhrtd by Contreetarin"and to an "ofttle` Work or � k7e l ie W° a ls fle?fatmer�, v tb Liens securla$, t Yf eiits n sutits; Holey nr hereafEei - ou' 1 Qwp* ri et design _Fi) nstttu„€to i of fihe tPrn Viand to ali 3" ts'and isttc` GQ Kltkt 140 j tefiS, E��iS01,3t})!�np the ra �e GfoutractorSfiiall �xtcute snCli further aitd 8dditiailat e4gderite of the• §ub kduttit ms, o£liens •iipl c grsd titer sfs fin: , �ap.naC tfi . n 6 I" eis,iu `�7img Ye grsirrkd gee iiia�r�c�ure �'t'be sutwr�iiiatlotzlbf�ii -3_, b p`��.lir»iTrjO etP.spite' tai 1 1 1 1 1 1 1 1 14.1 TERMINATION BY THE CONTRACTOR 44,14- 1 .3 " air lndut emeiit tR xheaicrxivitati 4(ndiiel% a f it ilia, ritra,et- ^ turd S;Iterata ar s or - ,,...;•� ,�',.d�.>. ". 'b y •{�Aner ngt�.f�agt�ract �OCtirtiea�Lg � o Ithrirthe l % /6"6 „e ;c r V talks #a: . TfIri P Y > id :a; via cv f Wei ei p&suurn atydamR' * l rfiritrutg<laTroroi ul toIs. ' ttasiiicN. a �l�u dhoti #tst.nr -ittaz o.> an : o $tffer s cta - V. , xa e. _-,: a r<titq s '� , - � ��? „�',.:,c>�- :�:xi:• . a - r... � e ° 4: `s • - �,. � +t s r.+�.� � t � sic.,, Or '£lfi� abtXuuract c �tieu " dacut r= a e 1 opn r n c • �; ��i�Ctio"tt=uf'flie $id tvithat4tie dtriaEto,+i� :wt anti t C1 o 3fle f"nn b e'iiaents and the i r l ' n : t u Tac ior:pX ; aA ` ; , a i1 h %t' e i g p h Cou e,...ti „ u air l ttitr- kaiicaiztr e � � � ot�a�tl�gwa � s � r act � �a�� At'Cluiiz�” ki p '.Pr'iroilseR' t3rtrd t?ee 'a: > Ye s . ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT ALA DOCUMENT A201-GENERAL CONDffIONS OF THE CONTRACT FOR CONSTRUCTION - t997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation IL the date of expiration as noted below. Electronic FonmatA201 -1997 User Document: A201.DOC — 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #45 1 1 1 1 1 1 1 1 1 1 .1 2 .3 .4 required by Subparagraph 2.2.1. * b th couitut mot than ouudiU,ttc*ciperceut movo*Six„ttiii to1 41 * !f!,t" itt 1h WciiireVa0=ay, pfpy 1a ketkiArvcii*P traCtoc ottheliaguiltebOarititoiaPCtliIr iiiiitOtialiarfmmisl/portitin# ophotr:tteratintiel AlAr,, 0*, 4 , 0 14 1 0414MAliciloiij " ut geeo4;lai.tqtcitataaiVeljioi4yig#ua4 ,thpi*tos.:krt_F.sitff4 ffe0 fiae ato A,,th ,. s. A a ,4 • 14.6617.6w: ' 4 6641611.6ilikri"NiiirV ^ 44 . 93t 14, iii i e :g.Y4r ."41 ,. 1. :.; w .f 4 ' ...., iiKiii e syclatcp04 ilaSin:',eurfor gist igai 1. ' priiaiyalallizattoo:UlidAikeilation'o AiAw<> 100*4. . fJi iriiiiifealUTESF6rifitiCIfigaytiiiiroll" Wrk ii.ili.. I Ifity a2Wii"Aiii6i4 IkPa • RICIFT-14U :itrsifiruftp itaMkfiffa'e:Toisa210:t"yi,TerinTinateliCcispia cumecsar tiit&X.rOjecf tt14mc 0 mg 1 MA DOCUMENT A201-GENERAL CONDMONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN i INSITILTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON. D.C. 20006-5292. WARNING: Unlicensed photocopying violates US. coPrie laws and will subject the violator to legal prosecution. This docwnent was electronically produced with permission of the MA and can be reproduced without violatio.. until the date of expiration as noted below. . Electronic Format A201 User Document: A201.DOC — 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #46 1 1 112.1 1 1 11.2.3 1 1 1 1 1 1 1 1 11.2. .2 .3 .2 .3 owned b thoCoritrac. , Work, a rnz °11 THE.:ocmeg: 1ifiZE T Ts 3 a sup " y cmr- g tteailte "o yot�itt tuet i apil'cate " : 3; ) 4.#1.1.0t or to ;iEte e C • is ri$lll " cqS� t a Rana tv��is.�$ iii e ae an dif rune� � (h�ah �tr HitrR +:S?tF F: fl T TCCAXri✓8 U F CI>�% Fatrlt i a.� �r ems. mace If; s azt�c<as Forred tittt ce , XX ten y Talici e;sEasifas s Cis' gr"�fre �Er "�t9 'n•-• �+ +t iiia�tt"t f ju ic '"I'fu ait "iigfits ii :gii ecTi "•aFIETJ. i ter nil u a t ile p i mi Stv� Iic td € ltr na€e si j i�sn, g ('7l d w iii4 ce:(exiept a cases v esu tcy as l tletertnihe mtetj & ©t jLe Cti 6tkina °(t ) "cake posse otil a e at i maferi eg tigimea ttto tik -M I, cotiaf ei eegtt' ar t<at iahc 9n ; eciti; a`ri�se4 Ity 2itc unc; OtiitiF h ih !flop i w.c terVnetbad the Owner k teem ex 'Ma MA DOCUMENT A201-GENERAL CONDI7TONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSff1IJ1£ OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright II and will subject the violator to kgal prosecution. This document was electronically produced with permission at the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic ForinatA201-1997 User Document: A201.DOC — 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #47 f w tva; d GaYe a a h t o C i t+i eo et - 4 #o k itscpt far'Cantractar;s defer lt Cpn "tt i to t� UUid ffeee Wo i?w te'r'and1his obJ g 'oti t r fl i g orlsa3�i?eacshalT" stirviveferirtinatIoti�o £#t'seCogtract Siaclicasts 664e0, tlYryer iiii tiede by tfte owner and conftrineil the Atcbitect, • K2 ° " Tt€ s' reeogiq. ed diaf( l)` ifadattfe' c'#' ar" irliens"' eiitere8" vitliehalfi tECotiiractotpursuanttiaTitle "r1"o£ theUnited 'SiatesCbi€c y .. (2) gag otheryuaitar order is uttered under,a:Ey other debtor relief laws, (3) if.Coptractor makes it genetal assigtttttent for the teiiefit df it4"breditor . {4) if a tedeIYef is apphiated, gat aeeowtt ssf its insolvertcy, arty sash event codkl itnea€• or frustrate 'Codttastdr's Pef for nattce the , G + ,oiitract %comettYS. Accordinek, is agreed that upon the occurrence of any such went, Owner shall,be etuitieii as 4ktestof Contractor'or its. successor in interest'• adequate ttxstYrence of fittitrn per£orinattce in accordance with the tennis and ^^^ +tft of the Contract Documents. Fall= to comply, with stteh request•withlnten (10) days of delivery of the,requear shall entitle ex,to'icixuiaate the Contract Dricuments and to the acrd parrying rights set'fot t above in Paragraph's 't4.2.1 thr 1,42.4�hereof Ili Itli t`vents,pegding of adequate a's urnitee perfonnanc anc€.ac€u9€ per#'aim'ance in accordance therewith, prg i lwtier Shall'be < . I ▪ irs .ceedyvi t I the Work With -its owli,forCea 4r with other'cgp r ctors nn a tunn'and innierial or other appr `ate Basis the cosf afvrhiei .. be Backe targed against the Contract Suin3 l ? 7i£zilditTtsu io i7iviae ' atiy p"rre d£ tTte t ac)c piziscrar i "fii If e'Criuf ci l}oeimients, f 3ivner l uny titae ai will Pz d Without.( uerminate airy pact; o£ihe: Wank of w y sttbeontiract or till' remaining Work for ady rsasan 0t eitilaitAyirit eYen (7)•daj.e,, M .1 ttei notice to ,C;ptzhactbc s Work iir subcotitiact,zu is teririiaat 4 and 3iie 4ate tiftemtiitation; Cotitraet6t shall ttlnii :ict p rosecute the. ° 'art of the Wk or nr €6.e Work not teritzlltated: ftflet ark n .�, t ,tltcxct ss sd " €ecttiitxated .Aivtie slia[l ab 1xty C n •by i exct tharCn"titratxar sdt$Ihite&illt€ed to paytnent for W,otle! one and:iiroperty eXecuted tit aceordarice•wiih the omraei'DOcuriteut"s -prior to ti*eyffeet€ue {tile oasts for sucti paj+ti, s , lYe; s jrtitvided its ihb Contract.pdcumeat0 sd fnr,rgsts d{reetl, yet W dd tht reafer eiffot C -to , ad :Op*, q {ti "Sa Work is auttt gi#ze ng h n'o i,Nluili aliiTizaExtrri tl €K by pa rpade~ a3Wne ,• tlt� xtcfit Oat sudrWgr, r or.s1Mtitra0 iias nr cOld ridden "Cgnirio` 7ncameats'br `an Usttieei%is.made erdenied.tuider aitotherprottiston o €ibepniraet Doontnent..ta case iff such >ierminatihii, ±'3tttnerNi ' CSnliace5 at3hc Le or"1[icut" Ifoa n*isiansoFthe :Cottuac e oetuten t sstfaij " p i ' • flti `io" elf`ec€i e d of tcimh tatioit. Fad the eta tn"tie a ti lout s` �6 ail Ltfork et�oxmed yr the-` v zte- i ` Aoturii 1 shalt r irk lltE€ , ;z r eci M nnslbirror i lauds Por fob of ttittiga j.)kg €s -0t 'Moat tlis geifiiii e 'otfa,c:akit "tt£aiiy 14.2.fiR . >o. ... mM. 1 1 1 1 1 1 oifnh tCd,Ca fitC;Y Yet o SUSPENSION BY THE OWNER. FOR CONVENIENCE ar651 ar#111111 ia'"; i r S pr sfia CitwG6rs° 7} bKiii�s "Ctlf 31#, xti frtf �jt 41(6l d?td 6dCthr'S.t Eli44 l$ft11 € ied t,t* tia'ttx£rir ttini h 6re: ' 143 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. 1 43.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Subparagraph 143.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made I 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 ALA DOCUMENT A201- GENERAL CONDMONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. wpyrigl I laws and will subject the violator to legal prosecution. This doctor= was electronically produced with permission of the AIA and can be reproduced without violatio, until the date of expiration as noted below. Electronic Format A201 -1997 User Document A201.DOC — 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #48 1 .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 written 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. 1 1 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. 1 1 1 1 1 1 1 1 1 `CONTILCCTAR: Pat AIA DOCUMENT A20I- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDCRON - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W, WASHINGTON, DC 20006 -5292. WARNING: Unlicensed photocopying violates US. copyright and vial subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation ndl the date of expiration as noted below. - Electronic FommatA201 - 1997 User Document: A201.DOC — 2/9/1999. ALA License Number 111808, which expires on 2/28/2000 — Page #49 ARTICLE 11 INSURANCE EXHIBIT "A" Contractor shall, at its sole expense, maintain in effect at all times during the full term of its Work under the Contract Documents and as otherwise required under the Contract Documents, insurance coverages with limits not less than those set forth below in the Schedule of Insurance Coverages with insurers licensed to do business in the State of Texas and acceptable to Owner and under forms of policies satisfactory to Owner. None of the requirements contained herein as to types, limits or Owner's approval of insurance coverage to be maintained by Contractor is intended to and shall not in any manner limit, qualify or quantify the liabilities and obligations assumed by Contractor under the Contract Documents or otherwise provided by law. In the event of any failure by Contractor to comply with the provisions of this Article 11, Owner may, without in any Way compromising or waiving any right or remedy at law or in equity, on notice to Contractor, purchase such insurance, at Contractor's expense, provided that Owner shall have no obligation to do so 'and if Owner shall do so, Contractor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. 11.2 SCHEDULE OF INSURANCE COVERAGES. Coveraee 11.2.1 Worker's Compensation Minimum Amounts and Limits Worker's Compensation Statutory Limits Employer's Liability $100,000 The policy shall include a Waiver of Subrogation in favor of the Indemnitees (as - defined in the Contract Documents). 11.2.2 Commercial General Liability Bodily Injury/ Property Damage (Occurrence Basis) This policy shall be on a form acceptable to Owner, endorsed to include the Indemnitees as additional insureds, contain cross - liability and severability of 1 $500,000 each occurrence, or equivalent, subject to a $1,000,000 aggregate applicable to the Project interest endorsements, state that this insurance is primary insurance as regards any other insurance carried by the Indemnitees, and shall include the following coverages: ' .1 Premises/Operations. .2 Independent Contractors. .3 Completed Operations for a period of two (2) years following the 1 acceptance of Contractor's Work. .4 Broad Form Contractual Liability specifically in support of, but not limited to, the Indemnity sections of the contract. ' .5 Broad Form Property Damage. .6 Personal Injury Liability with employee and contractual exclusions removed. .7 Delete Exclusions relative to Collapse, Explosion and Underground Property Damage Hazards. 11.2.3 Comprehensive Automobile Liability I .1 Bodily Injury $250,000 per person $500,000 per occurrence I .2 Property Damage $100,000 per occurrence, or equivalent I This policy shall be on a standard form written to cover all owned, hired and non - owned automobiles. The policy shall be endorsed to include the Indemnitees as additional insureds, contain cross - liability and severability of interest 1 endorsements, and state that this insurance is primary insurance as regards any other insurance carried by the Indemnitees. ' 11.2.4 Umbrella Excess Liability Insurance 1 Bodily Injury/ $2,000,000 per occurrence Property Damage $2,000,000 aggregate ' (Occurrence Basis) This policy shall be written on an umbrella excess basis above coverages as described herein, endorsed to include the Indemnitees as additional insureds, ' contain cross - liability and severability of interest endorsements, and state that this insurance is primary insurance as regards any other insurance carried by the Indemnitees. In addition, the policy shall be endorsed to provide defense coverage obligations. ' 2 11.2.5 Broad Form Boiler and Machinery Insurance Contractor shall maintain, at its sole expense, such boiler and machinery insurance as may be required by the Contract Documents or by law. This insurance shall include the interests of Owner, Contractor and Subcontractors in the Work as set forth herein (and in Subparagraph 11.3.1 below). 11.2.6 Performance Bond and Labor and Material Payment Bond .1 If requested by Owner, Contractor shall obtain, and shall require each Subcontractor designated by Owner to obtain, a Performance Bond and Labor and Material Payment bond in the amount of 100% of the Contract Sum in the case of Contractor, and 100% of the applicable contract amount for designated Subcontractor. Contractor shall deliver the executed originals and two (2) executed copies of each of its required bonds to Owner not later than the date of execution of the Agreement and deliver the executed originals and two (2) executed copies of each of the required Subcontractor bonds to Owner not later than the date of execution of the Subcontractor bond with any such Subcontractor. .2 The bonds shall in all respects conform to the requirements of the laws of the State of Texas. 11.3 BUILDER'S RISK INSURANCE Contractor shall maintain, at its sole expense, all -risk builder's risk insurance as follows: 11.3.1 Contractor shall carry completed value form builder's risk property insurance upon the entire Work for 100% of the full replacement cost value thereof (100% includes additional costs of architectural and engineering services in the event of a loss). This policy shall include the interests of the Owner and the other Indemnitees, Contractor, and Subcontractors in the Work as named insureds, as their interests may appear, and shall be on an "All Risk" basis for physical loss or damage including, without limitation, fire, flood, earthquake, subsidence, hail, theft, vandalism and malicious mischief and shall include coverage for portions of the Work while it is stored off the site or is in transit. This policy shall provide, by endorsement or otherwise, that Contractor shall be solely responsible for the payment of all premiums under the policy, and that Owner and the other Indemnitees shall have no obligation for the payment thereof, notwithstanding that Owner and the other Indemnitees are named insureds under the policy. Any insured loss or claim of loss shall be adjusted by the Owner, and any settlement payments shall be made payable to the Owner as trustee for the insureds, as their 3 interests may appear, subject to the requirements of any applicable mortgage clause. Upon the occurrence of an insured loss or claim of loss, monies received will be held by Owner who shall make distribution in accordance with an agreement to be reached in such event between Owner and Contractor. If the parties are unable to agree between themselves on the settlement of the loss, such dispute shall be submitted to a court of competent jurisdiction to determine ownership of the disputed amounts but the Work of the Project shall nevertheless progress during any such period of dispute without prejudice to the rights of any party to the dispute. The Contractor shall be responsible for any loss within the deductible area of the policy. 11.4 CONTRACTOR'S EQUIPMENT POLICY 11.4.1 Any such insurance policy covering Contractor's or its Subcontractors' equipment against loss by physical damage shall include an endorsement waiving the insurer's right of subrogation against the Indemnitees. Such insurance shall be Contractor's and its Subcontractors' sole and complete means of recovery for any such loss. Should Contractor or its Subcontractors choose to self - insure this risk, it is expressly agreed that the Contractor and its Subcontractors hereby waive any claim for damage or loss to said equipment in favor of the Indemnitees. 11.5 EVIDENCE OF INSURANCE 1 1.5.1 Evidence of the insurance coverage required to be maintained by the Contractor under this Article 11, represented by Certificates of Insurance issued by the insurance carrier, must be furnished to the Owner prior to Contractor starting Work. Certificates of Insurance shall specify the insured status mentioned above in this Article 11, as well as the waivers of subrogation. Such Certificates of Insurance shall state that Owner will be notified in writing thirty (30) days prior to cancellation, material change, or non - renewal of insurance. Contractor shall provide to Owner a certified copy of any and all applicable insurance policies upon request of Owner. Timely renewal certificates will be provided to Owner as the coverage renews. 11.6 SUBCONTRACTORS' INSURANCE 11.6.1 Insurance similar to that required of Contractor shall be provided by or on behalf of all Subcontractors to cover their operations performed under the Contract Documents. Contractor shall be held responsible for any modification in these insurance requirements as they apply to Subcontractors. Contractor shall maintain Certificates of Insurance from all Subcontractors, enumerating among other things, the waivers in favor of, and insured status of, the Indemnitees, as required herein, and make them available to Owner upon request. 4 11.6.2 The term "Subcontractor(s)" for the purposes of this Article 11 shall include subcontractors of any tier. 11.7 RELEASE AND WAIVER 11.7.1 Contractor hereby releases, and shall cause its Subcontractors to release, Owner and the other Indemnitees from any and all claims or causes of action whatsoever which Contractor and/or its Subcontractors might otherwise possess resulting in or from or in any way connected with any loss covered or which should have been covered by insurance, including the deductible portion thereof, maintained and/or required to be maintained by Contractor and/or its Subcontractors pursuant to the Contract Documents. 11.8 INDEMNIFICATION 11.8.1 To the fullest extent permitted by applicable law, Contractor shall and does agree to indemnify, protect, defend and hold harmless the Owner, Owner's partners, affiliated companies of Owner and of any partner, Architect and their respective officers, directors, shareholders, employees and agents (collectively the "Indemnitees ") from and against all claims, damages, losses, liens, causes of action, suits, judgments, and expenses, including attorney fees, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (in whole or in part), (1) the Work performed hereunder, or any part thereof, (2) the Contract Documents, or (3) any act or omission of Contractor, any Subcontractor, anyone directly or indirectly employed by them, or anyone that they control or exercise control over, (collectively the "Liabilities "). The obligations of Contractor under this indemnification shall apply to Liabilities even if such Liabilities are caused in whole or in part by the negligence of any Indemnitee. Contractor shall promptly advise Owner in writing of any action, administrative or legal proceeding or investigation as to which this indemnification may apply, and Contractor, at Contractor's expense, shall assume on behalf of Owner (and the other Indemnitees) and conduct with due diligence and in good faith the defense thereof with counsel satisfactory to Owner; provided, however, that Owner shall have the right, at its option, to be represented therein by advisory counsel of its own selection and at its own expense. In the event of failure by the Contractor to fully perform in accordance with this indemnification paragraph, Owner, at its option, and without relieving Contractor of its obligations hereunder, may so perform, but all costs and expenses so incurred by Owner in that event shall be reimbursed by Contractor to Owner, together with interest on the same from the date any such expense was paid by Owner until reimbursed by Contractor, at the rate of interest provided to be paid on judgments under the laws of the State of Texas. This indemnification shall not be limited to damages, compensation or benefits payable under insurance policies, workers' compensation acts, disability benefit acts or other employees' benefit acts. 5 11.8.2 It is understood and agreed that Subparagraph 11.8 above is subject to, and expressly limited by, the terms and conditions of TEX. CIV. PRACT. & REM. CODE ANN. § §130.001- 130.005 (Vernon Supp. 1989), as amended. Contractor shall not be obligated under Subparagraph 9.12 to indemnify or hold harmless Architect or an agent, servant, or employee of Architect from liability or damage that: 1 is caused by or results from: (A) (B) .2 arises from: 11.9 CLAIMS MADE POLICIES defects in plans, designs, or specifications prepared, approved, used by the Architect; or negligence of the Architect in the rendition or conduct of professional duties called for or arising out of the Contract Documents and the plans, designs or specifications that are a part of the Contract Documents; and 6 or (A) personal injury or death; (B) property injury; or (C) any other expense that arises from personal injury, death or property injury. 11.8.3 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation under this Paragraph 9.12, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. 11.9.1 With respect to any of the insurance policies provided by Contractor pursuant to the Contract Documents which are "claims made" policies, in the event at any time any such policies are canceled or not renewed, Contractor shall provide a substitute insurance policy(ies) with terms and conditions and in amounts which comply with the terms of the Contract Documents and which provide for retroactive coverage to the date of cancellation or non - renewal to fill any gaps in coverage which may exist due to the cancellation or non - renewal of the prior "claims made" policies. With respect to all "claims made" policies which are renewed, Contractor shall provide coverage retroactive to the date of commencement of the Work in said renewed policy. All said substitute or renewed "claims made" policies shall be maintained in full force and effect for the longer of (i) two years from the date of completion of the work or (ii) as otherwise required by the Contract Documents. A certificate evidencing continuation of such policies shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Nothing herein shall affect the continuing effect of the indemnity clauses in the Contract Documents. 7 COUNTY NAME: WILLIAMSON EXHIBIT "B" PREVAILING WAGE RATE DETERMINATION BUILDING CONSTRUCTION TRADES (WORK WITHIN BUILDING AREA) CLASSIFICATION Rate Health Pension Vacation Total Wage Asbestos Worker 8.78 0.00 0.00 0.00 3.78 Carpenter 15.52 1.57 0.97 0.00 13.06 Carpet Layer /Flooring Installer 8.00 0.00 0.00 0.00 8.00 Concrete Finisher 10.27 0.00 0.00 0.00 10.27 Data Communication/Telecom Installer 12.08 0.76 0.50 0.05 13.39 Drywall Installer /Ceiling Installer 10.91 0.00 0.00 0.00 10.91 Electrician 17.44 2.16 1.05 1.05 21.70 Elevator Mechanic 16.75 3.35 2.19 1.50 24.29 Fire Proofing Installer 8.00 0.00 0.00 0.00 8.00 Glazier 13.60 2.24 1.15 0.54 17.53 Heavy Equipment Operator 10.56 0.00 0.00 0.00 10.56 Insulator 13.75 1.16 0.92 0.03 15.85 Iron Worker 12.18 0.00 0.00 0.00 12.18 Laborer/Helper 7.48 0.02 0.00 0.00 7.51 Lather /Plasterer 12.50 0.00 0.00 0.00 12.50 Light Equipment Operator 7.75 0.00 0.00 0.00 7.75 Mason 16.00 0.00 0.00 0.00 16.00 Metal Building Assembler 11.00 0.62 0.00 0.34 11.96 Millwright 15.91 1.63 1.00 0.00 18.54 Painter /Wall Covering Installer 8.00 0.00 0.00 0.00 8.00 Pipefitter 18.10 1.42 1.80 0.00 21.32 Plumber 12.68 0.00 0.00 0.00 12.68 Roofer 10.00 0.00 0.00 0.00 10.00 Sheet Metal Worker 18.40 2.39 2.55 0.33 23.67 Sprinkler Fitter 18.25 3.40 2.20 0.00 23.85 Terrazzo Worker 0.00 0.00 0.00 0.00 0.00 Tile Setter 15.00 0.32 0.00 0.00 15.32 Waterproofer /Caulker 10.64 0.00 0.00 0.00 10.64 * $0.00 in the rate field indicates insufficient data was received to determine a prevailing wage rate for this classification. Government Code Title 10, Section 2258.023, paragraph C states: "A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rate and specify the rates in the contract as provided in Section 2258.22." 1. PREVAILING WAGE RATE DETERMINATION SITE CONSTRUCTION TRADES (WORK OUTSIDE OF BUILDING) CLASSIFICATION Rate Fringes Air Tool Operator 6.500 Asphalt Heater Operator 6.500 Asphalt Raker 7.011 Asphalt Shoveler 6.550 Batching Plant Weigher 8.173 Batterboard Setter 7.700 Carpenter 9.054 Concrete Finisher - Paving 8.600 Concrete Finisher - Structures 7.903 Concrete Rubber 6.740 Electrician 13.710 nagger 5.150 Form Builder - Structures 8.017 Form Liner /Paving and Curb 7.250 Form Setter - Paving and Curb 7.683 Form Setter - Structure 7.928 Laborer - Common 6.073 Laborer - Utility 6.852 Mechanic 10.774 Oiler 9.339 Servicer 7 280 Painter - Structures 10.000 Piledriver 6.600 Pipe Layer 7.229 Blaster 9.067 Asphalt Distributor Operator 7.304 Asphalt Paving Machine 7.945 Broom or Sweeper Operator 7.117 Bulldozer, 150 HP and Less 8.125 Bulldozer, Over 150 HP 8.593 Concrete Paving Curing Machine 7.633 Concrete Paving Finishing Machine 9.067 Concrete Paving Gang Vibrator 7.250 Concrete Paving Saw 6.200 Slipform Machine Operator 8.700 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel less than 1 % C.Y. 8.427 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel I %, C.Y. and over 9.880 Foundation Drill Operator Crawler Mounted 10.475 Foundation Drill Operator Truck Mounted 10.923 Front End Loader 2 'A C.Y. and Less 7.499 Front End Loader over 2 'h C.Y. 8.255 Hoist - Double Drum 10.750 Motor Grader Operator 9.657 Pavement Marking Machine 6.078 Planer Operator 7.250 2. Roller, Steel Wheel Plan -Mix Pavements 7.083 Roller, Steel Wheel Other Flatwheel or Tamping 6.403 Roller, Pneumatic, Self Propelled 6.433 Scraper -17 C.Y. and less 7.245 Scraper -over 17 C.Y 7.495 Self propelled hammer operator6.078 Side Room 9.000 Tractor - Crawler Type 7.539 Tractor- Pneumatic 6.707 Trenching Machine 6.850 Wagon - Drill /Boring Machine /Post Hole Driller Operator 6.926 Reinforcing Steel Setter Paving 8.158 Reinforcing Steel Setter Structure 9.062 Steel Worker- Structure 9.242 Sign Erector 8.640 Spreader Box Operator 6.541 Barricade Servicer Work Zone 6.078 Mounted Sign installer Permanent Ground 6.078 Truck Driver - Single Axle Light 6.493 Truck Driver - Single Axle Heavy 6.674 Truck Driver -Tandum Axle Semi - trailer 6.824 Truck Driver - Lowboy /Float 3.041 Truck Driver - Transit Mix 6:078 Welder 8 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(I)(v)). In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained .wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. 3. DA - 2.1 DEMOLITION PLAN A -2.2 FLOOR PLAN A - 2.3 SECTION EA - 2.4 EXISTING ELECTRICAL PLAN DOCUMENT 00851 INDEX OF DRAWINGS THIS IS A BLANK PAGE Section 01040 -4 SECTION 01045 CUTTING AND PATCHING PART1 GENERAL 1.01 SECTION INCLUDES A. Requirements and limitations for cutting and patching of Work. 1.02 RELATED SECTIONS A. Section 01040 - Coordination. B. Individual Product Specification Sections: 1. Cutting and patching incidental to work of the Section. 2. Advance notification to other Sections of openings required in work of those Sections. 3. Limitations on cutting structural members. 1.03 SUBMITTALS A Submit written request in advance of cutting or alteration which affects: 1. Structural integrity of any element of Project. 2. Integrity of weather - exposed or moisture - resistant element. 3. Efficiency, maintenance, or safety of any operational element. 4. Visual qualities of sight exposed elements. 5. Work of Owner or separate contractor. B. Include in request: 1. Identification of Project. 2. Location and description of affected work. 3. Necessity for cutting or alteration. 4. Description of proposed work, and Products to be used. 5. Altematives to cutting and patching. 6. Effect on work of Owner or separate contractor. 7. Written permission of affected separate contractor. 8. Date and time work will be executed. PART 2 PRODUCTS 2.01 MATERIALS A. Primary Products: Those required for original installation. Section 01045 -1 PART 3 EXECUTION 3.01 EXAMINATION A. Inspect existing conditions prior to commencing Work, including elements subject to damage or movement during cutting and patching. B. After uncovering existing Work, inspect conditions affecting performance of work. C. Beginning of cutting or patching means acceptance of existing conditions. 3.02 PREPARATION A Provide temporary supports to ensure structural integrity of the Work. Provide devices and methods to protect other portions of Project from damage. B. Provide protection from elements for areas which may be exposed by uncovering work. C. Maintain excavations free of water. 3.03 CUTTING AND PATCHING A. Execute cutting, fitting, and patching, including excavation and fill, to complete Work. B. Fit Products together, to integrate with other work. C. Uncover work to install ill timed work. D. Remove and replace defective or non - conforming work. E. Remove samples of installed work for testing. F. Provide openings in the Work for penetration of mechanical and electrical work. 3.04 PERFORMANCE A. Execute work by methods to avoid damage to other Work, and which will provide appropriate surfaces to receive patching and finishing. B. Employ original installer to perform cutting and patching for weather exposed and moisture resistant elements, and sight - exposed surfaces. C. Cut rigid materials using masonry saw or core drill. Pneumatic tools not allowed without prior approval. D. Restore work with new Products in accordance with requirements of Contract Documents. E. Fit work air tight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces. F. At penetrations of fire rated walls, partitions, ceiling, or floor construction, completely seal voids with fire rated fire resistant material to full thickness of the penetrated element. G. Refinish surfaces to match adjacent finish. For continuous surfaces, refinish to nearest intersection or natural break. For an assembly, refinish entire unit. END OF SECTION Section 01045 -2 PART1 GENERAL 1.01 DESCRIPTION A. The Contractor, and his subcontractors, shall endeavor, to the combined best efforts of their collective abilities, to construct the Project with complete compliance and adherence to local, State, and Federal requirements. B. The Contractor, and his subcontractors, shall be aware that the issuance of a building permit by local permitting authorities does not resolve him, or them, from their obligation to construct to the best of their abilities, the Project in strict compliance with the building codes. 1.02 REGULATORY AGENCIES A. Jurisdiction 1. The Project is to be built within the corporate limits of the City of Round Rock Texas 2. The county of record is the County of Williamson in the State of Texas. 1.03 COMPLIANCE TO BUILDING CODES PART2 PRODUCTS Not Used. PART 3 EXECUTION Not Used SECTION 01060 REGULATORY REQUIREMENTS A. The Contractor, and his sub - contractors, shall have the responsibility to bring to the attention of the Architect any perceived non - conformance to building codes or zoning ordinances of any specified project requirement. Such instances will be reported in writing and delivered to the Architect in the form of a "Request for Action" as soon as the instance of perceived non - compliance is discovered. B. The Architect will investigate all such instances of perceived non - compliance and render his decision to the Contractor in writing within seven days from the date of receipt of the Contractor's "Request for Action ". END OF SECTION Section 01060 -1 THIS IS A BLANK PAGE Section 01060 -2 PART 1 GENERAL 1.01 DESCRIPTION SECTION 01061 (S) BUILDING CODES A The Project is governed by the following building codes (Latest Edition adopted by Local Building Authorities). 1. Southern Building Code Congress International: a. Standard Plumbing Code. b. Standard Mechanical Code. c. Standard Fire Prevention Code. 2. National Electric Code. 3. National Fire Prevention Association including NFPA Life Safety Code. B. Local Amendments are included without specific individual reference to all the included building codes. 1.02 RELATED SECTIONS A. Section 01060 - Regulatory Requirements. PART2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION Section 01061 -1 THIS IS A BLANK PAGE Section 01061 -2 SECTION 01150 MEASUREMENT AND PAYMENT PART1 GENERAL 1.01 DESCRIPTION A. Review of Contractor Pay Request. B. Payment to Contractor. 1.02 RELATED WORK A. Section 01020 - Allowances. B. Section 01152 - Application for Payment. 1.03 PROCEDURES A. During the last progress meeting of the month conducted at the site, the Contractor will submit to the Architect his proposed Request for Payment indicating work completed, and percentages thereof, during the billing period. B. The Architect will evaluate the accuracy of the stated completion of work and amounts proportionately due. C. The Architect will endeavor to make determinations of accuracy to the best of his abilities. The decision of the Architect regarding disputed amounts due will be final. D. Payments will be made by the Owner to the Contractor, less appropriate retainages, as stipulated in the General and Supplemental Conditions. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION Section 01150 -1 THIS IS A BLANK PAGE Section 01150 -2 SECTION 01152 APPLICATION FOR PAYMENT PART1 GENERAL 1.01 DESCRIPTION A Submit FOUR copies of each application on AIA Form G702, or similar document, - Application and Certificate for Payment. B. Content and Format: Utilize Schedule of Values for listing items in Application for Payment. C. Payment Period: As stipulated in General and Supplementary Conditions. D. All applications for payment must be notarized originals, not photocopies. E. Applications for payment must clearly indicate proportionate expenditures made for any portion of the work occurring during the Payment Period. 1.02 RELATED SECTIONS A. Section 01020 - Allowances. B. Section 01150 - Measurement and Payment. C. Section 01153 - Change Order Procedures. D. Section 01370 - Schedule of Values. PART2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION Section 01152 -1 THIS IS A BLANK PAGE Section 01152 -2 PART1 GENERAL 1.01 DESCRIPTION SECTION 01153 CHANGE ORDER PROCEDURES A. The Architect will advise of minor changes in the Work not involving an adjustment to Contract Sum or Contract Time as authorized by AIA A201 Article 12.4 by issuing supplemental instructions on AIA Form G710 Architect's Supplemental Instructions. B. The Architect may issue a Proposal Request which includes a detailed description of a proposed change with supplementary or revised Drawings and specifications, a change in Contract Time for executing the change with a stipulation of any overtime work required and the period of time during which the requested price will be considered valid. Contractor will prepare and submit an estimate within 20 days. C. The Contractor may propose a change by submitting request for change to the Architect, describing the proposed change and its full effect on the Work. Include a statement describing the reason for the change, and the effect on the Contract Sum /Price and Contract Time with full documentation and a statement describing the effect on Work by other contractors. D. Stipulated Sum Change Order. Based on Proposal Request and Contractor's fixed request for a Change Order as approved by Architect. E. Overhead and Profit: Refer 00800 Supplementary Conditions for method for determining Contractor and Sub - Contractor overhead and profit percentages. F. Construction Change Authorization: Architect may issue a directive, on AIA Form G713 Construction Change Authorization signed by the Owner, instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. Documentation will describe changes in the Work, and designate method of determining any change in Contract Sum/Price or Contract Time. Promptly execute the change. G. Change Order Forms: AIA G701 Change Order. H. Execution of Change Orders: Architect will issue Change Orders for signatures of parties as provided in the Conditions of the Contract. 1.02 RELATED SECTIONS A. Section 01020 - Allowances B. Section 01150 - Measurement and Payment. C. Section 01152 - Application for Payment. PART2 PRODUCTS Not Used. Section 01153 -1 PART 3 EXECUTION Not Used. END OF SECTION Section 01153 -2 SECTION 01370 SCHEDULE OF VALUES PART1 GENERAL 1.01 DESCRIPTION A. Submit typed schedule on AIA Form G703 - Application and Certificate for Payment continuation Sheet or facsimile thereof. B. Submit Schedule of Values in duplicate within 15 days after date established in Notice to Proceed. C. Format: Utilize the Table of Contents of this Project Manual. Identify each line item with number and title of the major specification Section. Identify bonds and insurance where applicable. Each item shall be broken into labor and materials categories. D. Include in each line item, the amount of Allowances specified in this Section. For unit cost Allowances, identify quantities taken from Contract Documents multiplied by the unit cost to achieve the total for the item. E. Include separately from each line item, a directly proportional amount of Contractor's overhead and profit. F. Revise schedule to list approved Change Orders, with each Application for Payment. 1.02 RELATED SECTIONS A. Section 01020 - Allowances. B. Section 01150 - Measurement and Payment. C. Section 01152 - Application for Payment. PART2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION Section 01370 -1 THIS IS A BLANK PAGE Section 01370 -2 PART1 GENERAL SECTION 01400 QUALITY CONTROL 1.01 SECTION INCLUDES A. Quality assurance and control of installation. B. References. 1.02 RELATED SECTIONS A. Section 01040 - Coordination. B. Section 01060 - Regulatory Requirements. 1.03 QUALITY ASSURANCEICONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, Products, services, site conditions, and workmanship, to produce Work of specified quality. B. Comply fully with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Architect/Engineer before proceeding. D. Comply with specked standards as a minimum quality for the Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Perform work by persons qualified to produce workmanship of specified quality. F. The General Contractor shall establish and require cooperation and coordination between trades whose work is dependent upon the performance of others. The General Contractor shall schedule the work to prevent delays in other work dependent upon its timely completion. No additional compensation for extra work incurred through lack of cooperation or untimely scheduling shall be paid by the Owner. G. Sub - Contractors whose work is executed in relation to or dependent upon prior work shall carefully inspect this prior work and submit written notice to the General Contractor of any defects that would affect the satisfactory completion or performance of his work. No further work should be done until such defects have been satisfactorily corrected. Absence of such written notification shall be construed as acceptance by the Sub - Contractor of all prior related work. H. Secure Products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion or disfigurement. Section 01400 -1 The intent of this contract is to insure complete and usable facilities for the Owner. All equipment and appliances shown on the drawings or described in the specifications are to be fully installed, wired in or otherwise connected, checked out and fully operational. It is not necessary to note such requirements for each and every item. The General Contractor shall insure that sub - contractors are aware of this requirement and include all work necessary to accomplish this intent in their bids. Where particular items are indicated an the contract documents which require operational devices and such devices are not shown or not clearly indicated, unless specifically noted as "furnished by others /Owner', these devices shall be provided and installed by the Contractor. No allowance will be made by the Owner for requests for additional compensation to the Contractor related to providing inter - related devices necessary for fully operational systems, appliances, equipment. 1.04 REFERENCES A. Conform to reference standard by date of issue current on date of Contract Documents. B. Obtain copies of standards when required by Contract Documents. C. Should specified reference standards conflict with Contract Documents, request clarification from Architect before proceeding. D. The contractual relationship of the parties to the Contract shall not be altered from the Contract Documents by mention or inference otherwise in any reference document. 1.05 REPAIR OF DAMAGE A. The General Contractor assume responsibility for loss or damage to existing structures, trees, adjacent property or any new work being constructed under terms of this contract. The General Contractor shall make good any equipment loss, damage or personal injury resulting therefrom without cost to the Owner. 1.06 MEASUREMENTS A. The General Contractor shall verify any field measurements prior to ordering material or doing any work. No extra compensation shall be allowed on account of differences between actual distances and dimensions shown on the drawings. PART2 PRODUCTS Not Used PART 3 EXECUTION Not Used. END OF SECTION Section 01400 -2 PART1 GENERAL 1.01 DESCRIPTION PART2 PRODUCTS Not Used PART 3 EXECUTION Not Used SECTION 01600 MATERIAL AND EQUIPMENT A. Materials incorporated into Project shall be new, except as otherwise indicated in the Specification of specified quality, and furnished in sufficient quantity to facilitate proper and speedy execution of the Work. B. Contractor shall, if required, furnish evidence of the quality of any materials. C. Materials not meeting requirements of the Contract Documents shall be removed from Project by Contractor without expense to Owner. D. No asbestos or products containing asbestos have been knowingly specified for this Project. Notify the Architect immediately if: 1. Materials containing asbestos are brought to the site for inclusion in the Work. 2. Asbestos materials are encountered in any work being performed. END OF SECTION Section 01600 -1 THIS IS A BLANK PAGE Section 01600 -2 PART2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. SECTION 01610 TRANSPORTATION AND HANDLING PART1 GENERAL 1.01 DESCRIPTION A. Transport and handle Products in accordance with manufacturers instructions. B. Promptly inspect shipments to assure that Products comply with requirements, quantities are correct, and Products are undamaged. C. Provide equipment and personnel to handle Products by methods to prevent soiling, disfigurement, or damage. END OF SECTION Section 01610 - THIS IS A BLANK PAGE Section 01610 -2 SECTION 01700 CONTRACT CLOSEOUT PART1 GENERAL 1.01 SECTION INCLUDES A. Closeout Procedures. B Final Cleaning. C. Adjusting. D. Project Record Documents. E. Operation and Maintenance Data. F. Warranties. G. Spare Parts and Maintenance Materials. 1.02 RELATED SECTIONS A Section 01710: Cleaning. 1.03 SUBSTANTIAL COMPLETION A. When Contractor considers the Work is substantially complete, he shall submit to the Architect the following information: 1. A written notice that the Work, or designated portion thereof, is substantially complete. 2. A list of items to be completed or corrected. B. Within a reasonable time after receipt of such notice, Architect and Owner's Representative will make an inspection to determine the status of completion C. Should Architect and Owner's Representative determine that the Work is not substantially complete. 1. Architect will promptly notify the Contractor in writing, giving the reasons thereof. 2. Contractor shall remedy the deficiencies in the Work, and send a second written notice of substantial completion to the Architect. D. When Architect and Owner's Representative concur that the Work is substantially complete, the Architect will: 1. Prepare a Certificate of Substantial Completion on AIA Form G704, accompanied by Contractor's list of items to be completed or corrected as verified and amended by the Architect and Engineering Consultants. Section 01700 -1 2. Submit the Certificate to Owner and Contractor fir their written acceptance of the responsibility assigned to them in the certificate. 1.04 FINAL INSPECTION A. When Contractor considers the Work and all punch list items complete, he shall submit written certification that. 1. Contract documents have been reviewed. 2. Work has been inspected in compliance with Contract Documents. 3. Work has been completed in accordance with Contract Documents. 4. Equipment and systems have been tested in the presence of the Owner's representative and are operational. B. Architect and Owner's Representative will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. C. Should Architect and Owner's Representative consider that Work is incomplete or defective: 1. Architect will promptly notify the Contractor in writing listing the incomplete or defective work. 2. Contractor shall take immediate steps to remedy the stated deficiencies and send a second written certification to Architect that the Work is complete. 3. If Architect and Owner's Representative then find that the Work is acceptable under the Contract Documents, the Architect shall request the Contractor to make closeout submittals. 1.05 REINSPECTION FEES A. Should Architect perform re- inspections due to failure of the Work to comply with the claims of status of completion made by the Contractor: 1. Owner will compensate Architect for such additional services. 2. Owner will deduct the amount of such compensation form the final payment to the Contractor. 1.06 CONTRACTOR'S CLOSEOUT SUBMITTALS TO ARCHITECT A. Evidence of compliance with requirements of governing authorities: 1. Certificates of Inspection. 2. Certificate of Compliance with Applicable Laws and Regulations. B. Evidence of Payment and Release of Liens: See General and Supplementary Conditions. Section 01700 -2 1.07 FINAL ADJUSTMENT OF ACCOUNTS A. Submit final statement of accounting to Architect. The statement shall reflect all adjustments to the : contract Sum: 1. The original Contract Sum. 2. Additions and deductions resulting from: a Previous Change Orders b. Allowances c. Deductions for Uncorrected Work d. Deductions for Re- inspection Payments e. Other Adjustments 3. Total Contract Sum, as adjusted. 4. Previous Payments. 5. Sum remaining due. B. Architect will prepare a final Change Order, as necessary, reflecting approval adjustments to Contract Sum which were not previously made by Change Orders. 1.08 FINAL APPLICATION FOR PAYMENT A. Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract. PART2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION Section 01700 -3 THIS IS A BLANK PAGE Section 01700 -4 PART1 GENERAL 1.01 DESCRIPTION 1.02 SAFETY PART 3 EXECUTION 3.01 DURING CONSTRUCTION 'SECTION 01710 CLEANING A. The General Contractor is expected to maintain premises and public properties free form accumulation of waste, debris, and rubbish, caused by operations during the entire course of the work. At completion of work, remove waste materials and clean all sight exposed surfaces; leave project clean and ready for occupancy. A. Standards: Maintain project in accord with applicable safety and insurance standards. B. Hazard Control: Store volatile wastes in covered metal containers and remove for premises daily. Prevent accumulation of waste which creates hazardous conditions. Provide adequate ventilation during use of volatile or noxious substances. C. Conduct cleaning and disposal operations to comply with local ordinances and anti- pollution laws. 1. Do not burn or bury rubbish and waste materials on project site unless approved in writing form the local Fire Marshall. 2. Do not dispose of volatile wastes such as mineral spirit oil or paint thinner in storm or sanitary drains. 3. Do not dispose of wastes into streams or waterways. PART2 PRODUCTS 2.01 MATERIALS A. Use only cleaning materials recommended by manufacturer of surface to be cleaned. B. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. A. Execute cleaning to ensure building, ground and public properties are maintained free form accumulations of waste materials and rubbish. B. Wet down dry materials and rubbish to lay dust and prevent blowing dust. Section 01710 -1 C. At reasonable intervals (maximum each week) during progress of work, clean site and public properties and dispose of waste materials, debris, and rubbish. D Provide on -site containers for collection of waste materials, debris, and rubbish. E. Remove waste materials, debris, and rubbish form site and legally dispose of at public or private dumping areas off Owner's property. F. Broom clean interior building areas and continue cleaning on an as- needed basis until building is ready for occupancy. G. Handle materials in a controlled manner with as few handlings as possible; do not drop or throw materials for heights. H. Schedule cleaning operations so that dust and other contaminants resulting form cleaning process will not fall on wet, newly painted surfaces. 3.02 FINAL CLEANING A. Employ experienced workmen, or professional cleaners, for final cleaning. B. In preparation for substantial completion or occupancy, conduct final inspection of sight - exposed interior and exterior surfaces and of concealed spaces. C. Remove grease, dust, dirt, stains, labels, fingerprints, and other foreign materials, from sight- exposed interior or exterior surfaces; polish surfaces so designated for shine finish. D. Repair, patch, and touch -up marred surfaces to specified finish, to match adjacent surfaces. E. Broom clean paves surfaces; rake clean other surfaces of grounds. F. Replace all air conditioning filters. G. Clean ducts, blowers, and coils of air conditioning equipment. H. Owner will assume responsibility for cleaning as of time designated on Certificate of Substantial Completion for Owner's acceptance of project or portion thereof. END OF SECTION Section 01710 -2 PART1 GENERAL 1.01 WORK INCLUDED SECTION 02220 DEMOLITION A. Provide all necessary labor, materials, equipment, and supplies for proper execution of all scheduled demolition work. To include removal and remediation of all damaged materials as indicated on the drawings. Remediation of damaged materials shall comply with the recommendation of Rosengarten, Smith and Associates, Inc. A copy of their report is attached. 1.02 RELATED SECTIONS A. General Conditions and Division 01. PART2 PRODUCTS Not Used. PART 3 EXECUTION A. Coordinate demolition activities with local authorities. END OF SECTION Section 02050 -1 THIS IS A BLANK PAGE Section 02050 -2 Rosengarten, Smith & Associates, Inc, Technical Environmental Management P.O. Box 162545 ' (512) 707 -1777 Austin, Texas 78716 -2545 Fax:. (512) 707 -0501 February 27, 2001 Ms. Sharon Prete Director Park and Recreation Department 605 Palm Valley Blvd. Round Rock, Texas 78664 Dear Ms. Prete: Project: 2201 You retained Rosengarten, Smith & Associates, Inc. (RSA) to perform an inspection at the Round Rock Recreation Center located at 1600 Gattis School Road in Round Rock. The intent of the inspection was to identify the source of the mold and moisture detected by Austin Duraclean at the facility. RSA performed a site visit on February 5, 2001 and obtained the indoor air quality and structural moisture measurements outlined below. Fixed Gas Concentrations [Oxygen, (0 Carbon Dioxide (CO and Nitrogen (N,) by difference] Carbon Monoxide (CO) and Volatile Organic Compound (VOC) Gas Concentrations Indoor Relative Humidity and Temperature Drywall, Trim and Carpet Moisture High moisture and resulting mold are believed to have occurred due to spray cleaning of walls in the locker rooms. It is believed that this wash water collected in a trench in the foundation below the walls surrounding the two locker rooms. This reservoir of water is believed to have been drawn up the walls above it by capillary attraction, or "wicking." RSA examined the drywall, wood cabinetry and floor areas of the facility utilizing a destructive and non - destructive moisture meter. The areas were first screen - measured with the non - destructive moisture meter to check for excessive moisture. High moisture readings were then confirmed with a destructive moisture meter. Accessible walls and base boards were examined. Sampling locations and data gathered from the areas examined are provided on the RSA sampling data sheets used during the inspection. Attachment A provides a copy of the sampling and inspection data sheets. The data sheets provide the locations of the affected areas. . Copyright © Rosengarten, Smith & Associates, Incorporated. All rights reserved. Rosengarten, Smith & Associates, Inc. High moisture readings of greater than 30% were obtained on drywall on each of the four inside wall of the hallways surrounding the two locker rooms from the floor to the ceiling. Normal drywall moisture ranges from 10% to 14% in most areas of the country. Levels of 20% moisture or higher have been known to support mold growth and sporulation. The affected areas were delineated by RSA during testing. These affected areas seem to have been created by spray cleaning of the locker room walls with a water hose. The areas delineated by RSA include: men's and women's locker rooms: hallways surrounding the two locker rooms; and HVAC systems and ducting. Fixed gas concentrations were normal throughout the facility. The average concentrations for 0„ and N. were 19.8% and 80.2% respectively. CO, was detected at a range of 854 to 922 parts per million by volume (ppmV). Ambient CO, ranges from 340 to 380 ppmV for most parts of the country. The elevated CO, readings obtained may reflect that gross microbial growth is occurring within the facility. No CO or VOCs were detected throughout the facility. The temperature and relative humidity of the facility were obtained. The average temperature of the facility was 71.2 ° F. No abnormal or high temperatures were noted. The relative humidity measured averaged 50.5 %. Relative humidity readings of 60% or above can facilitate mold growth. RSA obtained three (3) cellophane tape samples to assess apparently mold - affected surfaces. Eight (8) Air -O -Cell impactor air samples were obtained to determine airborne mold concentrations. An outdoor Air -O -Cell sample was also obtained for background airborne mold concentrations. Two (2) swab samples were obtained and cultured to address the air handling (HVAC) systems. The samples were analyzed by EMSL Analytical, Inc. in Westmont, New Jersey. The mold cellophane tape samples are summarized below. • RC -008, hallway west of locker rooms, north end of east wall RC -009, hallway west of locker rooms, south end of east wall RC -010, hallway west of locker rooms, north end of east wall, second sample The mold Air -O -Cell impactor samples are summarized below. • RC -001, hallway west of locker rooms • RC -002, men's locker room area 1 RC -003, men's locker room area 2 • RC -004, hallway north of locker rooms • RC -005, hallway south of locker rooms RC -006, women's locker room Copyright 0 Rosengarten, Smith & Associates, Incorporated. All rights reserved. Sample Description Mold Genus Concentration (parts /cubic meter) RC - 001 Affected Hallway Cladosporium 95.0 RC -002 Men's Locker Room Area 1 Stachybotrys 190 RC -003 Men's Locker Room Area 2 Aspergillus/Penicillium >27,849 Cladosporium 1,235 RC - 004 Hallway North Aspergillus /Penicillium 475 (Pool Side) Cladosporium 1,520 RC -005 Hallway South Aspergillus /Penicillium 285 Cladosporium 95.0 RC - 006 Women's Locker Room Aspergillus / Penicillium >27,849 Stachybotrys 380 RC -011 Meeting Room A none RC -014 Gym Area none 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • RC -007, background • RC -011, meeting room A RC -014, gym area • RC -012, AC unit #1 • RC -013, AC unit #2 Rosengarten, Smith & Associates, Inc. The swab samples obtained are summarized below. Attachment B provides a copy of the analytical results obtained from the sampling performed. The results demonstrate that the tape sample of molds visually detected on the north end of the west wall of the affected hallway was loaded with Stachybotrys and Chaetomium species. The tape sample of molds visually detected on the south end of the west wall of the affected hallway was loaded with Stachybotrys species. The second tape sample from the north end of the west wall of the affected hallway was loaded with Aspergillus species. Airborne mold concentrations varied greatly in the facility. Results are summarized in the following table. Mold genuses not listed for any sampling point were not present above background concentrations. Concentrations shown in the table have been adjusted for background. Results reported as greater than ( " > ") a given value indicate that concentrations were above the quantification range for the test method. Copyright ® Rosengarten, Smith & Associates, Incorporated. All rights reserved. Skin fragment concentrations ranged from 13.4 particles per cubic foot of air (ppcf) in Meeting Room A to 118 ppcf in Area 2. of the men's locker room. Skin fragment concentrations above 200 ppcf provide an organic substrate and act as a nutrient for mold. The swab sample acquired from air conditioning Unit #I measured 1.200 colony forming units (CFU) per square inch (in') of Penicillium. The swab sample from air conditioning Unit #2 did not produce mold at detectable levels. Concentrations of 20,000 CFU /cm', or 129,000 CFU /in=, or higher are considered high and require remediation; however RSA usually specifies cleaning or remediation for levels of 5,000 CFU /in' or higher. RSA personnel took photographs of affected areas during the site visit on February 5, 2001. These photographs are provided in Attachment C. Indications: Rosengarten, Smith & Associates, Inc. There are approximately 200 different species of Aspergillus, sixteen of which have been documented as causes of human disease. The diseases caused by these species rarely occur in individuals with normally functioning immune systems. Toxins production is dependent on the species. or strain within a species, and on the food source for the fungus. The toxins produced are aflatoxin B1 and B2, cyclopiazonic acid, kojic acid, ergot alkaloids, fumigillin, fumitremorgens, helvolic acid, tryptoquivaline tremorgens, verruculogen, malformin C, oxalic acid, austocystins, aapercolorin, averufin, sterigmatocystin, and versicolorin. These fungi are found in soil, compost piles, plant debris and stored grain, as well as on water - damaged building materials. Chaetomiurn is a large ascomycetous ftuigus easily identified by its large "lemon shaped" ascospores and large, round, oval or flask shaped perithecia and straight and / or wavy filamentous appendages. It is allergenic and occasionally the cause of systemic or cutaneous phaeohyphomycosis. It readily digests cellulose and is frequently isolated from decomposing plant materials, especially woody or straw -like materials. In water damaged buildings it is frequently found on drywall and paper products. Cladosporium is the most frequently found genus of fungi in outdoor air in temperate climates. Mycotoxins generated from some species include Cladosporin, Emodin, and Epicladosporic acid. The conidia, bom in very fragile chains, easily become airborne and are transported over long distances. The natural high season for outdoor air concentrations is typically late summer and autumn and low season is typically winter and early spring. It has been isolated from many different types of soil and is a major colonizer of plant litter. The enzymes of Cladosporium are especially suited for breaking down cellulose, pectin and lignin, which are the major components of plant litter. Due to its ability to rapidly invade many types of ecological niches, Cladosporium is considered ubiquitous and sometimes problematic. The ability to sporulate heavily, ease of dispersal, and buoyancy of spores makes this fungus an important fungal airway allergen, and together with Alternaria, commonly causes asthma and hay fever in the Western Hemisphere. It is found indoors as well, but usually in smaller numbers, unless there is an indoor source of contamination. Indoors Copyright ® Rosengarten, Smith & Associates, Incorporated. All rights reserved. Rosengarten, Smith & Associates, Inc. this fungus may be encountered in dirty refrigerators. especially in reservoirs where condensation is collected. and on moist window frames as a result of condensation. Cladosporium often discolors interior paint, paper and textiles stored under humid conditions. Houses with poor ventilation and houses located in a damp environments May have heavy concentrations of Cladosporium. There are approximately 200 species of Penicillium. Various toxins by different species include penicillic acid, peptide nephrotoxrn, viomellein, xanthomegin, xanthocillin.l, mycophenolic acid, roquefortine C and D, citrinin, penicillin, cyclopiazonic acid, isofumigaclavine A. penitrem ,A. decumbin, patulin, citreoviridin, griseofulvin, verruculogen, ochratoxin, chrysogine, and melagrin. A wide number of organisms have been placed in this genus, therefore, identification to a species is sometimes difficult. Often found in aerosol samples, it is commonly found in carpet, wallpaper, and in interior fiberglass duct insulation as well. Many species of Penicillium are common contaminants on various substrates and are known as potential mycotoxin producers. The genus Stachybotrys is a dark colored fungi that thrives on water damaged cellulose rich materials such as sheet rock, paper, ceiling tiles, cellulose containing insulation backing and wallpaper. There are 15 species of Stachybotrys. The toxins generated by these species include macro cyclic trichothecenes, venucarin J, roridin E, satratoxin F, G & H, sporidesmin G, trichoverrol, cyclosporins, and stachybotryolactone. The presence of this fungus in buildings is significant because of the mold's ability to produce mycotoxins, which are extremely toxic. Exposure to these toxins can occur through inhalation, ingestion or dermal exposure and can include these symptoms: dermatitis, cough, rhinitis, nose bleeds, a burning sensation in the mouth and nasal passage, cold and flu symptoms, headache, general malaise, and fever. Recommended Scope of Work for Mold Remediation and Water Damage Restoration The results obtained from testing indicate a mold problem at the facility. Corrective actions should be employed immediately to avoid allergic reactions, adverse health affects and structural complications in the future. Recommendations for remediation and restoration are listed below. Install and operate two air treatment units in each locker room. Provide containment and maintain negative pressure on the locker rooms by venting treatment units to the outside of the facility. Discontinue cleaning practices in the locker rooms which supply water to suspected water reservoir beneath the walls surrounding the locker rooms or provide a barrier which will prevent wash water from reaching the suspected reservoir area. Remove the drywall on the four walls surrounding the locker rooms. Copyright 0 Rosengarten, Smith & Associates, Incorporated. All rights reserved. Rosengarben, Smith & Associates. Inc. Ifmold- affected insulation is identified behind affected drywall, remove, contain and discard the affected material. Treat the affected supporting members behind the drywall with microbial biocide: then dry. If visible mold is encountered on wooden support members, the affected areas should be sanded. HEPA vacuumed, and encapsulated with approved encapsulant. Remove lockers in both locker rooms. Inspect surfaces behind lockers for evidence of mold growth. If appropriate, treat surfaces with microbial biocide; then dry. Remove underlying drywall. Clean with HEPA vac rotobrush and foe the HVAC air handling system and affected ducting with microbial biocide fogger. Cleaning should include the cooling coil, blower, and related components. Remove and replace any fiberboard ducting or plenum. Do not attempt to clean and treat any fiberboard components. The HVAC system cleaning should only be done after all other remediation and restoration is completed. RSA does not anticipate an encounter with grossly affected substructure members; however, the restoration/remediation contractor should be prepared to sand, HEPA vacuum, and encapsulate these affected surfaces, if encountered. Abatement and restoration contractors should employ standard restoration and remediation techniques set forth by the Texas Department of Health publication, Voluntary Indoor Air Quality Guidelines for Public Schools and by the American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) standards 62 -1989 arid 55 -1981. Establish a controlled access and contained work area. Turn off HVAC system and seal openings. Remove all fixtures, clothing, and furniture from the containment area during remediation. Maintain the containment areas under negative pressure during remediation. Ensure that the work is completed in accordance with established safe work procedures outlined in the NYC Department of Health 2000 Guidelines on the Assessment and Remediation of Fungi in Indoor Environments. Appropriate Personnel Protective Equipment (PPE) and mold disposal containers should be employed in restoration and remediation activities. These recommendations are based on the condition of the facility during inspection and sampling, the data obtained from sampling and inspection, and the information made available to RSA. Additional molds may be detected during the demolition and remediation process. An additional mold extent determination should be performed before proceeding if this situation should arise during demolition. RSA reserves the right to revise our opinions and conclusions, if necessary and warranted by the discovery of new or additional contamination. This report is specific in nature and shall not be relied upon for real estate transactions. Copyright © Rosengarten, Smith & Associates, Incorporated. All rights reserved. Rosengarten, Smith & Associates, Inc. Clearance testing should be performed after restoration and remediation activities have been completed and prior to reconstruction to ensure that all damaged and affected areas have been addressed properly. Please review the results provided and contact me at (512) 707 -1777 with any questions, comments or requests for additional information. Thank you for your time and consideration and the opportunity to serve you. Sincerely, Vince Lara Randall L. Rosengarten, P.E. Associate / Director of Indoor Air Quality President/Principle Engineer Copyright © Rosengarten, Smith & Associates, Incorporated. All rights reserved. Attachment A Field Data Sheets Copyright 0 Rosengarten, Smith & Associates, Incorporated. All rights reserved. FACLIT�YY p Q..^v r�' Roe. ‘<.. P r - L" �`ei c e -., l o - 1 DATE PAGE - 5 0l / OF___7— ADDRESS SAMPLE TYPE ,4,r � ., 5 �s w C'TY STATE MP Q a � eo,... - 1" SAMPLING EVICT ZH G... /4,, 4 - (;._J/ DEPARTMENT CR AREA � L() f- Iks.uk S �I�(e.t.l✓( -DTri- / C CL W S f f W C_u / M`c,-. S LA CALIBRATION ION (Date, Result) z - 5 - r> I 0 . INSURANCE REP /COMPANY INgURANO PHONE/FAX ' NOMINAL SETTING CLAIM NO. APPROVAL NO. COLLECTION MEDIA Ce./(mrLT 1;Ei /,j,b WATER YES ACC NO HN ACCOMPLISHED III RESTORATION COMPANY ,� f Nrj VI 6 d r' a cl pc.� ANALYTICAL METHOD Osc- e cr45. L -Xv..- . l C c.+14'ur G 121 RESTORATION COMPANY PHONE/FAX 5 WEATHER CONDITIONS GI Pu.r ° Coo C BAR. PRESS (IN. Hg) 30 ,/ 7 TEMP. (F) VOC (pPmV) CO 7 (Z I A) 0 /AL ,. ?S CC(ppmV) NO 02 ( %) RELATIVE HUMIDITY ( %) 14,E l°llf4JI /5zL«k,..r.a PUMP NUMBER SAMPLE NUMBER CLOCK TIME SAMPLE ANAL TL'/ CIIILNG START STOP DU MIN 1 E..D V RE FOR CO Cp GG TJ WAS Z//- 3 & -DO) 21 23 39 I o . t s/ (St, mo id gg- Z P4 -Lhz L335 23y S I o I i5'tived., Ka I Mold SF(- 3 ac--co3 a3ti4 ;_35K Io IS LR_:.. 15 ry lcl. _1+- 3 l24i00 `( .Z3 sal) 24" 0 10 lc Pont. lea tu-o (. P :! - Z Rc -c0.3' 23x1 0 (,o I 1 r r'0lct 1;}l IZL. - DOIa 001 L Gri7_y AJ 1S LSO 01.„ (.1 "L(4 - OD7 r5 ot'1 rXJa9 I ISL/kw... /f0 /vt0 (C Ta lQ'r (ZL -tot DO J-0 TP.L RL ()07.2 .7�Tr RL- r;/o/, -S ,14 -"1 Rc -oT( 00T 0 10 l0 1s L• /w11M (so MEDIA S ..J e ..-01z SAMPLER CHECKED (TIME, INITIALS) SAMPLED BY VENTILATION ' ENGLNEERING SAMPLE DESCRIPTION C. b b f f hlY.e(G.aay n/4rFhu) I;4 -ce % R- Froc.�6.1 Ao It La R-y ^ r � S L Loc.(� -I%c -e .- L Rc. -VO Cl t1 i ced ( 1(a. Say watf- et -ooZ ryteK c Rc- 6n lhve l oc' oo,.. L - P-i - -0(0 1 y ff y - - - e Fk 6.147 NUJ Z FL OD q R Way 0 or or-1-14. g -- b 1 \ Yhee/I , 2 / /� 1 Zc -oos 1 '.6(cwa y So044t ( 2c —o1Z c- u let 00(e Wobt'elas to 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 lec - 007 fiat 611 Indoor Air Quality Investigation (Continued on reverse side) ADDITIONAL INFORMATION AFFECTED AREAS/RATIONALE FOR SAMPLING STRATEGY LAYOUT DRAWING 'D esk FACILITY R --, .- ^c ' R czG.� fo-t 5 1- I�CL- r �` DATE I PAGE Z OF 7-- ADDRESS SAMPLE TYPE �J t 4:c.-0•L.L(1 J <,,,c, CITY STATE ZIP SAMPLING DEVICE ! DEPARTMENT OR AREA LAST CALIBRATION (Dace, Result) 2 -s� -o) INSURANCE REP /COMPANY INSURANCE PHONE/FAX # NOMINAL SE i TING l 5 - Liin ■ n CLAIM NO. APPROVAL NO. COLLECTION MEDIA 4 ,-- O-C..o LI/ ..510. b WATER YES RESTORATION NO ACCOMPLISHED ❑ RESTORATION COMPANY ANALYTICAL METHO RESTORATION COMPANY PHONE/FAX R WEATHER CONDITIONS BAR PRESS (IN. Hg) �o L TEMP. (E) (TwE ,c./ 5) ,9 VOC (ppmV) CO AA elePT 3s=r CO(ppmV) 02 ( %) frme ao,•Z RELATIVE HUMIDITY (%) g(CA/1 S 1 L PUMP UMBER " SAMPLE NUMBER. NUMBERI CLOCK TIME SAMPLE ANALYSIS CEILING A L SA � p AII DU UN LA4lSRAItD ` MME FOR CnLLEC(ED LLE TN NR � N Ef fe -e q 1N - 7-.. RC-dILI 0135 C.9LL-{ t0 - • IsL /i.,r, If' M /L SAMPLER CHECKED (TIME, INITIALS) SAMPLED BY VENTILATION I ENGINEERING CONTROLS SAMPLE DESCRIPTION g -C-013 ,4-c un,-! Z (Zs..... •--oTU Gyw' /r-r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Indoor Air Quality Investigation (Cadinued on reverse AFFECTED AREAS/RATIONALE FOR SAMPLING STRATEGY LAYOUT DRAWING ADDITIONAL INFORMATION • EMSL Analytical, Inc. . • 107 Haddon Ave. Westmont, N.J. 08108 EMSL • . (856) 858 -4800 Ext. 1205 'r' u r. MICROBIOLOGY - CHAIN OF CUSTODY Date Collected: / - c" - o r6 Dare Sent y - /, - 0/ Contact: V, V GA ( .,pro en To: /Z Company: ('` i ; A - ,"2-7-7- L'r +4 � -C.-• - • Tr r.:t , r2 vrt' ,._:,--J r4 Lr., Tx 7 Y7 Phone: r5 i Zl ic=-) 7 - / 7 - Fax: (Sr "L) 7C1 - C.::: I Protect Name: Air Sdmnles Cassette Plate (count & Plate (Count Only) Stain (Thin Fed Coliforms Wit P. Pa( camnlx j e ) ) I X Mold & Fungi by Air -0-Cell _ Mold & Eu gi - Direct Ezammafion around time) race sample or bulk - Direct Examination- examination by culture if - a/Ittae (Id & Count) - Culture (Count OEM & Gram Slain & Identification (Three types) turn tu around time) Mold & Fungi by Agar (Select tvm Submit cellophane Mold & Fungi identification) — Mold & Fungi by Agar _ Follow up necessary Bactenal Count & Gram — Mold & Fungi — Bacterial Count & Identification Mold & Fungi most prominent types) Water Samples Total Count, Coliforms, — Bactenal Count — Bacterial Count _ most prominent _ _ (SPeafy) Other (Specify) TURN AROUND TIME: Same Day x 1 Day -2 Day -3 Day —4 Day —5 Day — 6-10 Day — SAMPLED ID LArATION VOWME COMMENTS C. U� 1 ik- c-l-d - Om 11v-a.,. • I - z L ,4u' - o -Gc t! Rc- - OO e Z 1MerYrkw- k<r6'1 Ac-ad- I CD L 4-r(' - D- c-Il L -obi i`At,ns (Or V -r8„r, Are z lso i Q,)- - 0^ Ce..II c-- 0 4 14c- lty,+>., rA 1..4-klA 1 So c 4, - o - cc t t SZC - bo 5 4\- al1r.s- So -4{ /ry - Art r - 0 - Ge.I 1 - o� IP lr.T r-c.r.A t-vr -K.rMM i 5 L / - -D - C I f ) ( (2, F T..• e)o"7 • , tie.kCorh, -, Ire) ( ••• - � Air-0 P*e - r. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 .. EMSL Analytical, Inc. 107 Haddon Ave. Westmont, N.J. 08108 EMSL (856) 858-4800 Ext. 1205 MICROBIOLOGY - CHAIN OF CUSTODY Date Collected: / - 5' - O I Date Sent / — G -• a / Contact: V t - Bill TO /25.4 Comoanv: [Z<, 272E ...)vc -1-e- Tro -.l5 { 41-,.1 .I -,... ; k. '7 7'1 Phone:(r2) - 10% 7 - /11 Far (flr2) 1.01 - PS C I Prolecr Name: Air Samples ell Cassette Plate (moot & Plata (Count Only) Stain (Three Fed Conforms Wipe. 4 Parlk Gmpipc X Mold & Fungi by Air-0-Cell n Mold & Fungi - Direct Eamination time) lace sample or bulk - Direct Examination- examination byadtiae if - culture (Id & Count) 2 - Culture (Count Only) &Gram Stain & Identification (Three types) (Select turn around time) Mold & Fungi W Agar (Select turn-around Submit cellophane Mold & Fungi identification) — Mold & Fungi by Agar _ Follow up wry Bacterial Count & Gram L Mold & Fungi — Mold & Fungi — Bacterial Count & Identification most prominent types) Water Samples To Count, Conforms, Bactenal Count — Bacterial Count most prominent - (speak) Other (Speak) TURN AROUND TIME: Same Day 1 Day-2 Day-3 Day —4 Day 5 Day — 6-10 Day — SAMPLED ID LOCATION VOWME COMMENTS �/� y .- OOP, MC, «- LI&1ty..1 NO 1'a Rc — 00 9 A4.„4 -c &t \.Na st Tapes. • 4-- - . . L ' :. e- Hot .a UM . • t - I I L O ` A ''' Met t ' .mo. A t SO h ..? - 0- C.c i( A..? G - <JIZ A- d(lurf' 1.. Swab 2c- -q' A- r Jo 5..,..b Re.-- O t LI Gy.t ' rtA_ /5 t_ / e - u - La 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Attachment B EMSL Laboratory Analytical Results Copyright 0 Rosengarten, Smith & Associates, Incorporated. All rights reserved. - - • EMSL Analytical, Inc. 107 Haddon Ave. - - 1 Westmont, N.J. 08108 (856) 858 -4800 Ext. 1205 \' ' MICROBIOLOGY - CHAIN OF CUSTODY ,.. .... Date Collected: / - C - a Date Sent / - /, - n r Contact: V1 N - t ( O Bill To: (Z J ,4 Company. (. 5 ;A 7 7-2.7_ 13- 7r41 -tr T ^.•_:(S l ,4•.. -1 -+., Tx - 7 Se - /5 Phone: ( 1 ) 1c_ - / 7'7 7 Fax. (S7 "L ) eiC ) - crc I Frolea: Name: Jr A Samples Cassette Plate (count & Plate (Count Only) Stain (Three Fecal Conforms Wino R W dfr camnlx - Direct E>aminatlan lime) face samde or bulk - Direct Examination- examination by culture if - Culture (Id & Count) - Culture (Cunt Only) & Gram Stam o _ & Idenification (Brae r" I p types) r cy Cfl -C. • ._.. - '•-• X Mold & Fungi by Air- O-Cell Mold & Fungi (Select turn around Mme) Mold & Fungi by Agar _ (SeleG turn-around Submit cellophane Mold & Fungi identification) Mold & Fungi by Agar _ Follow up necessary - Mold & Fungi - Bacterial Count & Gram - Bacterial Count & Identification - Mold & Fungi most prominent types) Water Samples Total Court, Cdiforrns, Bacteral Count - Bacterial Count most prominent _,4- (S Other (Specify) - TURN AROUND TIME: Same Day X 1 Day Day -3 Day -4 Day 5 Day - 6-10 Day - -2 SAMPLED ID LOCATION VOWME I COMMEWIS g .- Uv 1 iAr- ��. -1•ccL 1-1,- 11 . -1S`a [- ,4,? - o - Cc If {2 -o02 raerf eS•ua. •1. ( ,r0 - 41l - b Ceti RG-Oh3 Ar1f for(lrbn. lire..L r SO I.- 4,1 - 0- Ce_11 2e-- o0 t4 14, 4,..., ,hl In 1 Sv - A ¢' - O. Ctil - 24 -oc W411t. -.(( 4.0 ... /ra e - A e - o ^ Ge.11 l24_-^oo 1,,1rw+e, Ca.. -.�r ..- r 5 - o [. /0-? - -D. Ce.f) k D a 'I • '�wclC IrD A ^/ P.tl 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • EMSL Analytical, Inc. 107 Haddon Ave. Wesirnont. N.J. 08108 (856) 858 -4800 Ext 1205 MICROBIOLOGY - CHAIN OF CUSTODY `ti 1L J Date Collected: / - S - co ( Date Sent / - L -- o / Contact V t-o.rc. Bill To: (25 Comoanv: (Z 22 21._ , ...2,: , ....; -1-,: Tra.•k ( c3uo A-t,• fit.• - 74 - - . 7 7'/ S Phone: :1 7 - ) 1 c% •1 - / 7 11 Fat (1 Z') 1 a7 - D S I Prolect Name: Air Samples X Mold & Fungi by Air- O-CeIl Win,. R Rafk S.amplx - Direct Examination around bme) toe sample or bulk - Direct Examination- nomination by culture If - culttae (Id & Count) £,c,_b - Culture (Court Orly) & Gram Stan O & Identification (three n types) G7 CO cil - . • —. K Mold & Fungi Cassette Mate (count & Plate (Count Orly) Stain (Three Fed Colifarms (Select turn around time) Mold & Fungi by Agar (Select ban- Submit cellophane Mold & Fungi identification) Mold & Fungi by Agar _ Follow up necessary L yy Mold & Fungi - Mold & Fungi - Bacterial Count & Gram - Bacterial Count & Idenbfitatian most prominent types) Water Samples Total Count, Coliforms, Bacterial Count - Bacterial Count _ most prominent / ) ( Speafy) - Other (Specify) TURN AROUND TIME: Same Day 1 Day Day Day -4 Day 5 Day - 6-10 Day - -X--- -2 ---3 SAMPLED ID LOCATION VOWME 1 COMMENTS Re_ — oQ AcC, rac..Llaltw /..),.-I ^ P e 2G - 00 9 A4C-- .4.4-6.1 5t,. Ta e a a - o I 1 M. et+1 2 oce" A 15o - A-.?- o- C a. t I A4. 2 (- - -Ct 1 11A%-I- t -2- 5w.-.b Rd-- ot`E ay wt A-r4q /5 4-.c- - o - ts_l( • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Air -O -Cell Cassette Guidelines to Interpretation I. The spores of Aspergillus & Penicillium (and others such as Acremonium & Paecilomyces) are small and spherical with very few distinguishing characteristics. They cannot be differentiated by non - viable impaction sampling methods. Also some species with very small spores are easily missed and may be undercounted. 2. Background debris is an indication of overall particulate matter present on the slide (dust in the air). The amount of debris is graded from 1 to +4, with +4 indicating the highest concentration. High background concentrations may obscure spores such as the Penicillium/Aspergillus group. Counts from areas with a 4+ background debris rating should be regarded as minimum counts; the actual concentration may be higher than the reported value. Interpretation is left to the company and / or persons who conducted the fieldwork Comparison of indoor airborne spore concentration levels to outdoor spore concentration levels should be performed. If the total indoor airborne concentration levels are significantly higher than the levels outside the building, that indicates the possible presence of a fungal reservoir and amplification inside the building. FACLLTYY n ea p ^-ay�r l` ...„. rk s - t• (Z.c c e f... t DATE I PAGE a. - 5 O i / OF Z ADDRESS SAMPLE TYPE 41 i aP , QlY STATE ZIP a...�c.s. 26- i, —rc SAMPLING EVIL 2 / , -,,,1/ DEPARTMENT OR AREA (� f ce S I- .� S 1,....0(..,6J / - ct (rl.Cw LAS CALI6 TI N (Date, Result) 2. - 5 - d I O INSURANCE REP /COMPANY IN RANG PHONE/FAX : NOMINAL SC'TtING /S L %,.,,,; CLAIM NO. APPROVAL NO. COLLECTION MEDIA &/l 7 `� m 0.+'C l4�ti W4 WATER YES ❑ RESTORATION COMPANY RESTORATION f ACCOMPLISHED NO /4„15 TAN 6 arac.1e_4 . ANALYTICAL METHOD D " • 1 :- :::: >C 4 . 4- ^. ) C 4 14z,re- RESTORATION COMPANY PHONE/FAX 9 WEATHER CONDITIONS Gleu.r o Coo BAR PRESS (IN. Hg) 30,/7.-- TEMP. (1) 1(2 VOC (ppm%) w CO2(ppmV) /) D kL �j `f CO(ppmV) N0 02 ( %) IC1, RELATIVE HUMIDITY ( %) l / /aN /SZ L«k4r. PUMP NUMBER SAMPLE NUMBER COCK TIME SAMPLE ANALYSIS TLV SING A L START STOP �•� � N� NEW u E FOR �. • paG ,yN 7 &-QO) 292=1 23 39 1 0 I S..I -, (fo Ma ld - 2 e c - A , 2 ' 233 23 •i • I o is" /rrti.. SD Mold Sµ- 3 c. -oo3 a3 2354 10 ISt,1F.n Ica Mold - - 3 00 `"f .23 50 25'00 ltd •n1 r o r=; - Z Rc -ads 2359 060 i.o 1 51- /M, 1 S'D rro id 1 T. 41-3 24-yob col LI cx,py 1 15 LSc rn, (.1 . 'LH -212c .o 0 ' . 9 L 15 - S b M =- ' .. Tk p. e (zc -oot ,P 2-0 .. .. T /, .c 12c. —oo5 0 o 2- :r. . - T R&a/o 02-3 IIIIIIIIII i a.r 4- :. -01I r i DI b L-, 0J 1? C,bt SAMPLER CHECKED (TIME, INITIALS) SAMPLED BY • VENTILATION ENGINEERING CONTROLS SAMPLE DESCRIPTION 4Z (.— CI b ? / " (e L+,eet tittl(u/a A/O rFhuJel• I ec-.0% R-r-rce..4-e4 Ktl(uJ..y o.,f-Gce�eif' Qc -0oZ (Lte•t$ Lo tuna, Loc.�r l�r•e,.,_t (fir 000[ �C Ka((u/c S Rc - ' r 6 1 . ‘ , - - . 5 1.octe.r000. lo , .tar Are.- s.a`I- P O —C- -o t o A- 'ec -�et( f k ((wa n N tr 1 Z_ 1Z6 (>0 4 I( DV 1.'- way Al dl - h C.. -011 INNee I'Ihc 2.b' / 1 ?c. -oo5 t.bLLwa -1 (Lc - 0 IT- Lyc. t� RC. —Dole WoL.tti. L -o - 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 RG C3cck Indoor Air Quality Investigation (Continued on reverse side) • LIL RC -001 Affected Hallway Aspergillus/ Peniciilium u Nzzz22zzzzz� z A co M Less than outside Cladosporium 95.0 Agrocybef Coprinus N/A Alternaria N/A Curvularia N/A Bipolaris N/A Ganoderma N/A Periconia N/A Stachybotrys N/A Chaetomium N/A Unidentified Mold Spores N/A Hyphae N/A Total Mold Less than outside Total Pollen N/A Insect Fragments NIA Fibrous Glass NIA Skin Fragments N/A Sample Location Particle ID Concentration otherwise noted Final Concentration Adjusted For outside Mr 107 Haddon Avenue EMSL Analytical, Inc. Westmont, N.T. 0 (856) 858 -4800 Attention: Vince Lara RSA 2222 Western Trails Blvd. Suite #300 Austin, TX 78745 Project: Re£ Number; 040101697Air Analysis Mold Spore and Pollen Analysis Performed by Optical Microscopy Air — 0 — Cell Cassette The AnalytrcalSensitivity for this Sampleis; 95.0 - ppcm Total Background Particle Concentration (1 to 4): 1 Analysis Performed By Frank Kiibert Analyst February 7, 2001 Date 2 2.69 ppcf TNTQ- Too NumuousToQuantify ND- None Detected ppcf- particles per cubic foot ppm- particles per cubic meter AU particles denoted as "ND" are less than the Analytical &asitivity for the sample. Concentrations are based on air flow data provided by sampler. - 107 Haddon Avenue EMSL Analytical, Inc.- Westmont, NJ. 08108 EMSL (856) 858 -4800 • Analysis Date: Februmy 7, 2001 Attention: Vince Lara RSA 2222 Western Trails Blvd. Suite #300 Austin, TX 78745 Project: Ref. Number: 040101697Air Mold Spore and Pollen Analysis Performed by Optical Microscopy Air — 0 — CeIl Cassette Sample Location Particle ID Concentration Particles /cubic meter unless otherwise noted Final Concentration Adjusted For Outside Air RC -002 I Men's Locker Room Area 1 • Aspergillus/ Penicillium Cladosporium Agrocybe/ Coprinus Alternaria Curvularia Bipolaris Ganoderma Perianth Stachybotrys Chaetoinitlm Unidentified Mold Spores Hyphae Total Mold Total Pollen Insect Fragments Fibrous Glass Skin Fragments 95.0 190 ND ND ND ND ND ND 190 ND 95.0 ND 570 ND ND ND 69.9 ppcf Less than outside Same as outside N/A N/A N/A N/A N/A N/A 190 N/A Less than outside N/A Less than outside N/A NIA N/A N/A Analysis Performed TNTQ- The Anal 'cal Sensi ' • orlhis S• •• e is; 95.0 .. cm ' 2.69 .. c Total Back :round Particle Concentration 1 to 4 : 2 By. Too Numerous FrankKlibert February 7, 2001 cubic meter Analyst Date To Quantify ND —None Detected ppcf- particles per cubic foot pp= - particles per All particles denoted as '1413" are Tess than the Analytical Sensitivity for the sample. Concentrations are based on air flow data provided by sampler. 1 1 1 1 1 • 107 Haddon Avenue EMSL Analytical, Inc.- Westmont, NJ. 08108 EMSL. (856) 858 -4800 °• Analysis Date: February 7, 2001 Attention: Vince Lara RSA 2222 Western Trails Blvd. Suite #300 Austin, TX 78745 Project: Re£ Number: 04 01 01 69 7Air Mold Spore and Pollen Analysis Performed by Optical Microscopy Air — 0 — CeII Cassette Sample Location Particle ID Concentration Particles /cubic meter unless otherwise noted Final Concentration Adjusted For Outside Air RC - 003 • Men's locker Room Area 2 Aspergillus/ Penicillium Cladosporium Agrocybe/ Coprinus Alternaria Curvularia Bipolaris Ganoderma Periconia Stachybotrys ' Chaetomium Unidentified Mold Spores Hyphae Total Mold Total Pollen Insect Fragments Fibrous Glass Skin Fragments >28514 1425 ND ND ND ND ND ND ND ND 190 ND >30130 • ND ND ND 118 ppcj >27849 1235 N/A N/A N/A N/A N/A N/A N/A N/A Same as outside N/A >29085 N/A N/A N/A NIA Analysis Performed TNTQ I. � I,� Rk The Analytical Sensitivity for this Sample is; 95.0 -ppcm 2.69 ppcf Total Background Particle Concentration (I to 4): 1 2 By Too Numerous Frank Klibert February 7, 2001 cubic meter Analyst Date ToQue.% ND -None Detected ppcf- particles per cubic foot pptm- particlespa Al! particles denoted as "ND" see less than the Analytical Sensitivity for the sample. Concentrations are based on air flow data provided by sampler. Sample Location Particle ID Concentration Particles /able meter unless otherwise noted Final Concentration Adjusted For Outside Air 1 107 Haddon Avenue EMSL Analytical, Inc.- Westmont, NJ. 08108 (856) 858 -4800 Analysis Date: February 7, 2001 Attention: Vince Lara RSA 2222 Western Trails Blvd. Suite #300 Austin, TX 78745 Project: Ret Number: 040101697Air RC -004 Hallway North Aspergillus/ Penicillium Cladosporium Agrocybe/ Coprinus Alternaria Curvularia Bipolaris Ganoderma Periconia Stachybotrys Chaetomium Unidentified Mold Spores Hyphae Total Mold Total Pollen Insect Fragments Fibrous Glass Skin Fragments 1140 1710 ND ND ND ND ND ND ND ND 95.0 ND 2946 ND ND ND 61.9 ppcf 475 1520 N/A N/A N/A N/A N/A N/A N/A N/A Less than outside N/A 1901 N/A NIA N/A N/A 1 1 1 The Analytical Sensitivity for tins Sample is; 95.0 ppcm 2.69 ppcf Total Background Particle Concentration (1 to 4): 1 1 Analysis Performed By Frank Klibert February 7, 2001 Analyst Date TNTQ Too Numerous To Quantify ND None Detected ppcf particles per cubic foot ppcm — particles per arbkaxter All particles dooted as "ND" arc less than the Analytical Sensitivity for the sample. Concentrations are based on air flow data provided by sampler. Mold Spore and Pollen Analysis Performed by Optical Microscopy Air — 0 — CeIl Cassette 107 Haddon Avenue EMSL Analytical, Inc.- Westmont, NJ. 08108 EMSL (856) 858 -4800 Analysis Date: February 7, 2001 Attention: Vince Lara RSA 2222 Western Trails Blvd. Suite #300 Austin, TX 78745 Project: Re£ Number: 040101697Air Mold Spore and Pollen Analysis Performed by Optical Microscopy Air — 0 — Cell Cassette Sample Location Particle ID Concentration Particles /cas otherwise noted Final Concentration Adjusted For Outside Air . RC Hallway South ' Aspergillus/ Penicillium Cladosporium Agrocybe/ Coprinus Alternaria Curvularia Bipolaris Ganoderma Periconia Stachybotrys Chaetomium Unidentified Mold Spor Hyphae Total Mold Total Pollen Insect Fragments Fibrous Glass Skin Fragments a M 285 95.0 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 190 N/A N/A N/A N/A The Analytical SensitivityforThis Sample is; 95.0 ppcm 2 69 ppcf Total Background Particle Concentration (1 to 4): 1 1 Analysis Performed TNTQ Too Numerous mismii, By. FrankKlibert February 7, 2001 cubic meter Analyst Date To Quantify ND —None Detected ppcf — panicles per cubic foot ppc — particks per All particles denoted as "ND" are less than the Analytical Sensitivity for the sample. Concentrations are based on air flow data provided by sampler. 1 Sample Location Particle ID Concentration Particles /cubic meter ilea, otherwise noted Final Concentration Adjusted For Outside Air 1 107 HaddonAvenue EMSL Analytical, Ina- Westmont, NJ. 08108 (856) 858 -4800 Analysis Date: February 7, 2001 Attention: Vince Lara RSA 2222 Western Trails Blvd. Suite #300 Austin, TX 78745 Project: Ref Number: 040101697Air Mold Spore and Pollen Analysis Performed by Optical Microscopy Air — 0 — Cell Cassette RC -006 Women's Locker Room Analysis Performed By: Frank Klibert Analyst Aspergillus/ Penicillium Cladosporium Agrocybe/ Coprinus Alternaria Curvularia Bipolaris Ganoderma Periconia Stachybotrys Chaetomium Unidentified Mold Spores Hyphae Total Mold Total Pollen Insect Fragments Fibrous Glass Skin Fragments >28514 ND ND ND ND ND ND ND 380 ND ND ND >28895 ND ND ND 48.4 ppcf The Analytical Sensitivity for this Sample is; 95.0 - ppcm 2.69 ppcf Total Background Particle Concentration (1 to 4): 1 1 February 7, 2001 Date TNTQ— Too Numerous To Quantify ND Noce Detected ppcf— patcles PQ cubic foot ppan- particles per cubic meter An particles denoted as 'ND" are less than t Analytical Seositiviry for the sample. Concentrations are based on air flow data provided by sampler. >27849 N/A N/A N/A N/A N/A N/A N/A 380 N/A N/A N/A >27850 N/A N/A NIA N/A . • 107 Haddon Avenue EMSL Analytical, Inc.- Westmont, NJ. 08108 (856) 858 -4800 Analysis Date: February 7, 2001 Attention: Vince Lara RSA 2222 Western Trails Blvd. Suite 4300 Austin, TX 78745 Project: Re£ Number: 040101697Air Mold Spore and Pollen Analysis Performed by Optical Microscopy Air — 0 — Cell Cassette EM • ' 4 r Sample Location Particle ID Concentration unless otherwise noted Final Concentration Adjusted For Outside Air RC-007 1 1 Background Aspergillus/ Penicilliun Cladosporium Agrocybe/ Coprinus Altemaria Curvularia Bipolaris Ganoderma Periconia Stachybotrys Chaetomium Unidentified Mold Sport Hyphae Total Mold Total Pollen Insect Fragments Fibrous Glass Skin Fragments 2222222RE22 2 Rzz N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A The Analytical Sensitivity for this Sample is; 95.0 ppcm 2.69 ppef I " ' Total Background Particle Concentration (1 to 4): 1 I Analysis Performed TNT Too Numerous r killitlrtlit— By Frank Klibert February 7, 2001 cubic meter Analyst Date To Quantify ND — None Decocted ppcf partici= per cubic foot ppcm- particles per All particles denoted as "ND" are less than the Analytical Sensitivity for the sampin Concentrations are based on air flow data provided by sampler. 1 Sample Location Particle ID Concentration Particles /cable meter unless otherwise noted Final Concentration Adjusted For outside Mr 1 1 1 1 1 1 1 1 1 1 1 1 1 1 107 Haddon Avenue EMSL Analytical, Ina- Westmont, N.T. 08108 (856) 858 -4800 Analysis Date: February 7, 2001 Attention: Vince Lara RSA 2222 Western Trails Blvd. Suite #300 Austin, TX 78745 Project: Re£ Number: 040101697Air Mold Spore and Pollen Analysis Performed by Optical Microscopy Air — O — Cell Cassette RC -011 Meeting Room A Aspergillus/ Peniciilium Cladosporium Agrocybe/ Coprinus Alternaria Curvu laria Bipolaris Ganoderma Periconia Stachybotrys Chaetomimn Unidentified Mold Spores Hyphae Total Mold Total Pollen Insect Fragments Fibrous Glass Skin Fragments 190 95.0 ND ND ND ND ND ND ND ND ND ND 285 ND ND ND 13.4 ppcf The Analytical Sensitivity for Sample is; 95.0 ppcm - 2.69 Total Background Particle Concentration (1 to 4): 1 Less than outside Less than outside N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Less than outside N/A N/A N/A N/A ppcf Analysis Performed By. Frank Klibert Analyst February 7, 2001 Date TNTQ — Too Numerous To Quantify ND — None Detected ppcf particles per cubic foot ppan- particles per cubic meter All particles demoted as "ND" are less than the Analytical Sensitivity for the sample. Concentrations are based on air flow data provided by sampler. RC-014 Gym Area Aspergillus/ Penicillium °2229R22229R° 2 zQR Less than outside Cladosporium N/A Agrocybel Coprinus N/A Alternaria N/A Curvularia N/A Bipolaris N/A Ganoderma N/A Periconia N/A Stachybotrys N/A Chaetomium N/A Unidentified Mold Spores N/A Hyphae N/A Total Mold Less than outside Total Pollen N/A Insect Fragments N/A Fibrous Glass N/A Skin Fragments N/A Sample Location Particle ID ConcentratIon othenmse noted Final Concentration Adjusted For Outside Air 1 1 1 1 1 1 107 Haddon Avenue EMSL Analytical, Inc.- Westmont, NJ. 0 (856) 858 -4800 Attention: Vince Lara RSA 2222 Western Trails Blvd. Suite #300 Austin, TX 78745 Project: Ref. Number, 040101697Air Analysis Performed By Frank Kiibert Analysis Mold Spore and Pollen Analysis Performed by Optical Ni Air — 0 — Cell Cassette The Analytical Sensitivity for this Sample is; 95.0 ppcm Total Background Particle Concentration (1 to 4): 1 Analyst February 7, 2001 Date 2.69 .1 ppcf TNTQ — Too Numerous To Qo.nti r ND .• None Detected pper— panicles per cubic foot ppom- particles per cubic meter All particles denoted ao "ND" are less than the Analytical Sensitivity for the sample. Concentrations are based on air flow data provided by sampler. 107 Haddon Avenue . `' . EMSL Analytical, Inc- Westmont, NJ. 08108 EMSL, (856) 858 -4800 Analysis Date: February 7, 2001 Attention: Vince Lara RSA 2222 Western Trails Blvd. Suite #300 Austin, TX 78745 I Project: Ref Number: 040101697T Mold Spore Analysis Direct Exam Tape Lift Techni ue Sample Location Identification Concentration RC-008 RC-009 RC-010 Affected Hallway NW Affected Hallway SW Affected HallwayNW2 • Stachybotrys species Chaetomium species Stachybotrys species Aspcigillus species Loaded Loaded Loaded Loaded Semi- Ouantitative Concentrations February 7, 2001 Rare - 1 to 4 spores Few - 5 to 10 spores Moderate - 0 to 1 per high Many - 1 or more per Loaded - Numerous Analysis Performed By seen on prep seen on prep power field high power field mold with little background Frank Klibert Analyst Date 1 I 107Haddon:Avenue _` EMSL Analytical, Inc.- Westmont, NJ. 08108 EMSL . (856) 858 -4800 I Analysis Date: February 12, 2001 Attention: Vince Lara I RS A 2222 Western Trails Blvd Suite # 300 Austin, TX 78745 Project: Ref. Number: 040101697F Fungal Analysis Sample Location Identification Concentration RC -012 RC -013 AC Unit #1 AC Unit #3 Penicillium Species No Mold Detected 1200 CFU /swab CFU = Colony Forming Units Analysis Performed By IASil, ilifilisolk, Frank Klibert February 12, 2001 Analyst Date 1 Attachment C Facility and Affected Areas Photographs AVAILABLE UPON REQUEST Copyright ® Rosengarten, Smith & Associates, Incorporated. All rights reserved. PART1 GENERAL 1.01 DESCRIPTION SECTION 04050 MASONRY PROCEDURES A. Provide all required labor, materials, equipment, and supplies necessary for installation of all specified masonry work. 1.02 RELATED SECTIONS A. General Conditions and Division 01. B. Section 04100 - Mortar. C. Section 04160 — Joint Reinforcement. D. Section 04200 - Unit Masonry. 1.03 COLD WEATHER PROCEDURES A. Cold Weather Requirements: 1. Cold weather, as referred to in this Section, is four hours below 40 ° F in a 24 hour period. 2. Do not lay masonry when temperature is below 40 ° F unless authorized by Architect. 3. Keep materials free of ice and snow. 4. Heat water and sand 140 ° F maximum if temperature is below 40 ° F. 5. Temperature of mortar shall be between 70 and 120 ° F when used. 6. Heat hollow masonry units to 40 ° F. when temperature is below 18 ° F and solid masonry to 40 ° F when temperature is below 0 ° F. 7. Do not lay masonry on frozen materials. Cover work at end of each work day with tarpaulins if temperature is 25 to 40 ° F. If temperature is below 25 ° F, protect with heaters. 8. Maintain temperature around masonry to 40 ° F minimum for 48 hours if Type!, 24 hours if Type III, or longer if required. 1.04 HOT WEATHER PROCEDURES A. Weather Requirements: 1. Hot weather, as referred to in this Section, is six hours above 95 ° F in a 24 hour period. 2. Keep masonry units moist to avoid absorption of water from mortar prematurely. 3. Mix no more mortar than can be placed in a 30 minute time lapse. 4. Do not over water mortar. Discard mixed mortar which is over 45 minutes old from time of mixing to time of placement. 5. Maintain aggregate (sand) in a moist condition prior to mixing. Section 04050 -1 1.05 COORDINATION: A. Coordinate work with other trades. B. Make cuts proper size to accommodate work of other trades. C. Verify rough -in dimensions for items to be built into walls 1.06 GENERAL EXECUTION A. Step back unfinished work for joining with new work Use toothing only with Architect's approval. B Do not tool until mortar has taken initial set. C. Reinforcing shall be free of material that may destroy bond. D. Anchor top and side edges of non - bearing partitions to structural member with sturdy ties at 4 feet on center maximum. E. Protect masonry with cover during rainy weather. F. Use mortar within two hours of initial mixing. Discard mortar that has begun to set. 1.07 CLEANING A Point holes in joints. Fill and tool properly. B. Leave masonry clean, fee of mortar daubs, and with tight mortar joints. C. Rinse masonry surface with water immediately after cleaning. D. Remove and replace defective material at Architects direction and at no cost to Owner. E. Clean up masonry debris and remove from site. PART2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION Section 04050 -2 SECTION 04100 MORTAR PART1 GENERAL 1.01 SECTION INCLUDES A. Mortar and grout for masonry. 1.02 RELATED WORK A Section 04050: Masonry Procedures. B. Section 04160: Joint Reinforcement. C. Section 04200: Unit Masonry. D. Section 04220: Concrete Unit Masonry. 1.03 REFERENCES A ASTM C5 - Quicklime for Structural Purposes. B. ASTM C91 - Masonry Cement. C. ASTM C144 - Aggregate for Masonry Mortar. D. ASTM C150 - Portland Cement. E. ASTM C207 - Hydrated Lime for Masonry Purposes. F. ASTM C270 - Mortar for Unit Masonry. G. ASTM C404 - Aggregates for Masonry Grout. H. ASTM C476 - Grout for Masonry. I. ASTM C595 - Blended Hydraulic Cement. J. IMIAC - Intemational Masonry Industry At- Weather Council: Recommended Practices and Guide Specifications for Cold Weather Masonry Construction. 1.04 SUBMITTALS A. Include design mix, indicate proportion or Property method used, required environmental conditions, and admixture limitations. Section 04100 -1 1.05 DELIVERY, STORAGE, AND HANDLING A. Deliver products to site under provisions of Section 01610. B. Maintain packaged materials clean, dry, and protected against dampness, freezing, and foreign matter. 1.06 ENVIRONMENTAL REQUIREMENTS A. Maintain materials and surrounding air temperatures to minimum 50 degrees F prior to, during, and 48 hours after completion of masonry work. PART2 PRODUCTS 2.01 MATERIALS A. Portland Cement: ASTM C150, Type I, gray color. B. Masonry Cement: ASTM C98, Type M. C. Mortar Aggregate: ASTM C144, standard masonry type. D. Hydrated Lime: ASTM C207, Type S. E. Quicklime: ASTM C5, non - hydraulic type. F. Grout Aggregate: ASTM C404. G. Water: Clean and potable. 2.02 MORTAR COLOR A. Mortar Color: Standard - Gray 2.03 MORTAR MIXES A. Mortar for Non -load Bearing Walls, Partitions, and Veneer: ASTM C270, Type M using the Proportion Method. B. Mortar for Reinforced Masonry: ASTM C270, Type S using the Proportion Method. C. Pointing Mortar: ASTM C270, Type N, with maximum 2 percent ammonium stearate or calcium stearate per cement weight. 2.04 MORTAR MIXING A. Thoroughly mix mortar ingredients in quantities needed for immediate use in accordance with ASTM C270. B. Do not use anti - freeze compounds to lower the freezing point of mortar. C. If water is lost by evaporation, re- temper only within two hours of mixing. D. Use mortar within two hours after mixing at temperatures of 80 degrees F or two -and- one - half hours at temperatures under 50 degrees F. Section 04100 -2 PART 3 EXECUTION 3.01 INSTALLATION A. Install mortar in accordance with ASTM C780. 3.02 SCHEDULE A. Color of mortar will be used for this project' 1. Natural Gray END OF SECTION Section 04100 -3 THIS IS A PLANK PAGE Section 04100 -4 SECTION 04160 JOINT REINFORCEMENT PART1 GENERAL 1.01 WORK INCLUDED A. Pre - manufactured galvanized metal joint reinforcement for concrete masonry unit construction. 1.02 RELATED SECTIONS A. Section 04050 - Masonry Procedures. B. Section 04200 — Unit Masonry. C. Section 04220 — Concrete Unit Masonry. PART 2 PRODUCTS 2.0 MANUFACTURERS A. DUR- O -WAL, INC. B. Hohmann Barnard, Inc. C. Heckmann Building Products, Inc.. D. Substitutions: Under provisions of 01630. 2.02 MATERIALS — SINGLE WYTHE A. Design: D/A 310 —"Truss" B. Finish: Hot Dipped Galvanized 2.03 MATEIRALS — DOUBLE WYTHE A. Design: D/A 370 — "Dur -O -Eye" B. Finish: Hot Dipped Galvanized Section 04160 -1 PART 3 EXECUTION 3.01 INSTALLATION A Place joint reinforcing horizontally in joints at a vertical spacing of 16" inches. END OF SECTION Section 04160 -2 SECTION 04200 UNIT MASONRY PART1 GENERAL 1.01 SECTION INCLUDES A. Furnish all labor, materials, equipment and supplies necessary to complete all specified unit masonry work. 1.02 RELATED SECTIONS A. General Conditions and Division 01. B. Section 04050 - Masonry Procedures. C. Section 04100 - Mortar. D. Section 04160 - Joint Reinforcement. E. Section 04220 — Concrete unit Masonry. 1.03 REFERENCES A. ANSI /ASTM C55 - Concrete Building Brick. B. ANSI /ASTM C56 - Structural Clay Non -Load Bearing Tile. C. ANSI /ASTM C73 - Calcium Silicate Face Brick (Sand -Lime Brick). D. ANSI /ASTM C126 - Ceramic Glazed Structural Clay Facing Tile, Facing Brick, and Solid Masonry Units. E. ANSI /ASTM C212 - Structural Clay Facing Tile. F. ANSI /ASTM C216 - Facing Brick (Solid Masonry Units Made from Clay or Shale). G. ANSI /ASTM C652 - Hollow Brick (Hollow Masonry Units Made from Clay or Shale). H. ASTM C27 - Fireclay and High - Aluminum Refractory Brick. I. ASTM C62 - Building Brick (Solid Masonry Units Made From Clay or Shale). J. ASTM C90 - Hollow Load Bearing Concrete Masonry Units. K. ASTM C129 - Non -Load Bearing Concrete Masonry Units. L. ASTM C145 - Solid Load Bearing Concrete Masonry Units. M. ASTM C744 - Prefaced Concrete and Calcium Silicate Masonry Units. Section 04200 -1 N. IMIAC - International Masonry Industry All- Weather Council: Recommended Practices and Guide Specification for Cold Weather Masonry Construction. O. UL - Underwriters' Laboratories. 1.04 QUALIFICATIONS A. Installer: Company specializing in performing the work of this Section with minimum five years experience. PART2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION Section 04200 -2 SECTION 04220 CONCRETE UNIT MASONRY PART 1 GENERAL 1.01 SECTION INCLUDES A. Concrete masonry units. B. Reinforcement, anchorage, and accessories. 1.02 PRODUCTS INSTALLED BUT NOT FURNISHED UNDER THIS SECTION A. Section 04160: Joint Reinforcement. B. Any and all inserts, anchors, frames, fasteners, etc. required for the proper installation of materials, equipment, and devices furnished by other trades. 1.03 RELATED SECTIONS A. Section 04050: Masonry Procedures. B. Section 04100 - Mortar. C. Section 04160: Joint Reinforcement. D. Section 04200 - Unit Masonry. 1.04 REFERENCES A. ANSI /ASTM A82 - Cold -Drawn Steel Wire for Concrete Reinforcement. B. ANSI /ASTM C652 - Hollow Brick (Hollow Masonry Units Made From Clay or Shale). C. ASTM Al23 - Zinc (Hot - Dip Galvanized) Coatings on Iron and Steel Products. D. ASTM C129 - Non - Load Bearing Concrete Masonry Units. E. IMIAC - International Masonry Industry All- Weather Council: Recommended Practices and Guide Specification for Cold Weather Masonry Construction. 1.05 QUALIFICATIONS A. Installer: Company specializing in performing the work of this Section with minimum four years experience. 1.06 DELIVERY, STORAGE, AND HANDLING A. Deliver products to site under provisions of Section 01610. Section 04220 - 1.07 ENVIRONMENTAL REQUIREMENTS A. Refer requirements of Section 04050. PART2 PRODUCTS 2.01 MANUFACTURERS - CONCRETE MASONRY UNITS A. Featherlite. 2.02 CONCRETE MASONRY UNITS A. Concrete masonry units as manufactured by Featherlite Building Products Corp. B. Sizes of masonry units to be: as listed in schedule at end of this section. 2.03 ANCHORAGE AND REINFORCEMENT A. Horizontal joint reinforcement as specified in Section 04160. 2.04 ACCESSORIES A. Cleaning Solutions: Non - acidic, not harmful to masonry work or adjacent materials. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that field conditions are acceptable and are ready to receive work. B. Verify items provided by other Sections of work are properly sized and located. C. Verify that built -in items are in proper location, and ready for roughing into masonry work. D. Beginning of installation means installer accepts existing conditions. 3.02 PREPARATION A. Direct and coordinate placement of metal anchors supplied to other Sections. B. Provide temporary bracing during installation of masonry work. Maintain in place until building structure provides permanent bracing. 3.03 COURSING A. Establish lines, levels, and coursing indicated. Protect from displacement. B. Maintain masonry courses to uniform dimension. Form vertical and horizontal joints of uniform thickness. C. Lay concrete masonry units in running bond. Course one unit and one mortar joint to equal 8 inches. Form concave mortar joints. Section 04220 -2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3.04 PLACING AND BONDING A. Lay hollow masonry units with face shell bedding on head and bed joints. B. Buttering corners of joints or excessive furrowing of mortar joints is not permitted C. Remove excess mortar as Work progresses. D. Do not allow excess mortar to fill air cavity in veneer applications. E. Do not shift or tap masonry units after mortar has achieved initial set Where adjustment must be made, remove mortar and replace. F. Perform job -site cutting of masonry units with proper tools to provide straight, clean, unchipped edges. Prevent broken masonry unit corners or edges. G. Isolate masonry partitions from vertical structural framing members with a control joint as indicated. H. Isolate top joint of masonry partitions from horizontal structural framing members and slabs or decks with compressible joint filler. I. Refer structural drawings for vertical reinforcement and cell fill requirements. J. Install, control joints where indicated. Refer Section 04180. Masonry Control Joints. 3.05 REINFORCEMENT AND ANCHORAGES A. Install horizontal joint reinforcement 16 inches oc vertically. B. Lap joint reinforcement ends minimum 6 inches. 3.06 BUILT - IN WORK A. As work progresses, build in items furnished by other Sections. B. Build in items plumb and level. C. Do not build in organic materials subject to deterioration. 3.07 TOLERANCES A. Maximum Variation From Alignment of Columns: 1/4 inch. B. Maximum Variation From Unit to Adjacent Unit: 1/32 inch. C. Maximum Variation From Plane of Wall: 1/4 inch in 10 feet. D. Maximum Variation From Plumb: 1/4 inch per story non - cumulative. E. Maximum Variation From Level Coursing: 1/8 inch in 3 feet and 1/4 inch in 10 feet; 1/2 inch in 30 feet. F. Maximum Variation of Joint Thickness: 1/8 inch in 3 feet. Section 04220 -3 3.08 CUTTING AND FITTING A. Cut and fit for pipes, conduit, sleeves, grounds, etc. Coordinate with other Sections of work to provide correct size, shape, and location. B. Obtain Architect approval prior to cutting or fitting masonry work not indicated or where appearance or strength of masonry work may be impaired. 3.09 CLEANING A Clean work under provisions of Section 01710. B. Remove excess mortar and mortar smears. C. Replace defective mortar. Match adjacent work. D. Clean soiled surfaces with cleaning solution. E. Use non - metallic tools in cleaning operations. 3.10 PROTECTION OF FINISHED WORK A. Protect finished installation. B. Replace any and all damaged work. 3.11 SCHEDULE MARK SIZE DESCRIPTION (NONIMAL) A. CMU-6 6X8X16 Standard Color, Running Bond END OF SECTION Section 04220 -4 PART 1 GENERAL SECTION 07900 SEALANTS 1.01 SECTION INCLUDES A. Preparing sealant substrate surfaces. B. Sealant and backing. 1.02 RELATED SECTIONS A. Section 04200: Unit Masonry. B. Section 09250: Gypsum Wallboard. C. Section 09900: Painting. 1.03 REFERENCES A ANSI /ASTM D1056 - Flexible Cellular Materials - Sponge or Expanded Rubber. B. ANSI /ASTM D1565 - Flexible Cellular Materials - Vinyl Chloride Polymers and Copolymers (Open -Cell Foam). C. ASTM C790 - Use of latex Sealing Compounds. D. ASTM C804 - Use of Solvent - Release Type Sealants. E. ASTM C834 - Latex Sealing Compounds. F. FS TT -C -00598 - Caulking Compound, Oil and Resin Base Type. G. FS TT -S -001657 - Sealing Compound, Single Component, Butyl Rubber Based, solvent Release Type. H. FS TT -S -00227 - Sealing Compound: Elastomeric Type, Multi- Component. I. FS TT -S -00230 - Sealing Compound: Elastomeric Type, Single Component. J. S TT-S- 001543 - Sealing Compound, Silicone Rubber Base K SWI (Sealing and Waterproofers Institute) - Sealant and Caulking Guide Specification. L. AASHTO M 173 and ASTM D 1190 -74 "Specifications for Concrete Joint Sealer, Hot Poured Elastic Type." Section 07900 -1 1.04 SUBMITTALS A. Submit product data indicating sealant chemical characteristics, performance criteria, limitations, and color availability. B. Submit three color charts illustrating colors available 1.05 QUALITY ASSURANCE A Manufacturer: Company specializing in manufacturing the products specified in this Section with minimum three years experience. B. Applicator. Company specializing in applying the work of this Section with minimum three years experience. C. Conform to Sealant and Waterproofers Institute requirements for materials and installation. 1.06 ENVIRONMENTAL REQUIREMENTS 1. Do not install solvent curing sealants in enclosed building spaces. 2. Maintain temperature and humidity recommended by the sealant manufacturer during and after installation. 1.07 SEQUENCING AND SCHEDULING A. Coordinate work with other trades. B. Coordinate the work of this Section with all Sections referencing this Section. 1.08 WARRANTY A. Provide three year product and installation warranty. B. Warranty: Include coverage of installed sealants and accessories which fail to achieve air tight and watertight seal, exhibit loss of adhesion or cohesion, or do not cure. PART 2 PRODUCTS 2.01 MATERIALS A. Caulking: 1. Pecora, AC -20 One Part Acrylic Latex. 2. Sonnebom, Sonolac Acrylic Latex. 3. Tremco, Acrylic Latex Caulk. B. Sealant: 1. Dow Corning, #790 Building Sealant. 2. Pecora, #863 or #864 Silicone. 3. PTI, #707 or #737 ButyWinyl Acrylic. 4. Sonnebom, Sonolastic One Part. 5. Sonneborn, Butakauk. 6. Tremco, Mono or THC -900. Section 07900 -2 C. Backer Rod: 1. Sonneborn, Sonofoam, size as required. 2. Williams Products, Everlastic, Neoprene, NNI 2.02 ACCESSORIES A Primer: Non - staining type, recommended by sealant manufacturer to suit application. B. Joint Cleaner: Non - corrosive and non - staining type, recommended by sealant manufacturer; compatible with joint forming materials. C. Joint Backing: ANSI /ASTM D1056; round, closed cell foam rod; oversized 30 to 50 percent larger than joint width. D. Bond Breaker: Pressure sensitive tape recommended by sealant manufacturer to suit application. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that surfaces and or joint openings are ready to receive work and field measurements are as shown on Drawings and recommended by the manufacturer. B. Beginning of installation means installer accepts existing surfaces and substrate. 3.02 PREPARATION A. Clean and prime joints in accordance with manufacturer's instructions B. Remove loose materials and foreign matter which might impair adhesion of sealant. C. Verify that joint backing and release tapes are compatible with sealant. D. Perform preparation in accordance with ASTM C804 for solvent release C790 for latex base sealants. E. Protect elements surrounding the work of this Section from damage or disfiguration. 3.03 INSTALLATION A. Install sealant in accordance with manufacturer's instructions. B. Measure joint dimensions and size materials to achieve required width /depth ratios. C. Install joint backing to achieve a neck dimension no greater than 1/3 the joint width. D. Install bond breaker where joint backing is not used. E. Apply sealant within recommended application temperature ranges. Consult manufacturer when sealant cannot be applied within these temperature ranges. F. Install sealant free of air pockets, foreign embedded matter, ridges, and sags. G. Tool joints concave. Section 07900 -3 3.04 CLEANING AND REPAIRING A Clean work under provisions of Section 01710. B. Clean adjacent soiled surfaces. C. Repair or replace defaced or disfigured finishes caused by work of this Section. 3.05 SCHEDULE A. General: Caulking is specified for joints between dissimilar materials where movement is minimum and where water penetrations is not apt to occur. Sealant is specified for joints where significant movement is anticipated and where water penetration is likely to occur. B. Caulking: Caulking requirements are generally shown on the drawings. Apply caulking to the following joints regardless of whether specified on the drawings: 1. Windows: Around the interior perimeter of metal windows and around the rim of wood windows. 2. Doors: At the head and jambs of metal and wood doors, both sides if interior. 3. Woodwork: Between the splash and the wall surface and between the splash and the counter top. 4. Base: Between the floor surface and wood base for gaps greater than 1/16 inch 5 Pipes: Around pipe penetrations. 6. Dissimilar Materials: Between joints of dissimilar materials. C. Sealant: Use sealant for joint between lockers and dissimilar materials. END OF SECTION Section 07900 -4 SECTION 09110 NON LOAD - BEARING WALL FRAMING SYSTEMS PART1 GENERAL 1.01 SECTION INCLUDES A. Formed metal stud framing for interior stud pony walls above CMU walls. B. Framing accessories. 1.02 RELATED SECTIONS A. Section 07900 - Joint Sealers. B. Section 09260 - Gypsum Board Systems: Metal studs for partitioning. 1.03 REFERENCES A. ASTM C645 — Standard specification for non - structural steel framing members. B. ASTM C 754 - Installation of Steel Framing Members to Receive Screw - Attached Gypsum panel products. C. FS TT -P-645 - Primer, Paint, Zinc - Chromate, Alkyd Type. D. GA 203 - Installation of Screw - Type Steel Framing Members to Receive Gypsum Board. E. Specification of the Design of Cold- Formed Steel Structural Members of the American Iron and Steel Institute. F. Specifications for Metal Lathing and Furring of the Metal Lath /Steel Framing Association. G. ASTM A -653/A -653M — Specification for Steel Sheet, Zinc Coated (Galvanized) or Zinc Iron Alloy Coated (Galvannealed) by the Hot Dip Process. H. ASTM A -570 — Specification of Hot - Rolled Carbon Steel Sheets and Strip, Structural Quality. I. ASTM A-611 — Specification for Steel, Cold Rolled Sheet, Carbon, Structural. 1.04 SYSTEM DESCRIPTION A. Metal stud framing system for interior walls, with gypsum board specified in Section 09260. B. Maximum Allowable Deflection: 1/270. C. Design systems to meet the requirements of the Standard Building Code, accommodate construction tolerances, deflection of building structural members and clearances of intended openings. Exterior wind loads shall be as noted on the structural drawings. Design lateral load for interior partitions shall be 5 psf. Section 09110 -1 1.05 QUALITY ASSURANCE A. Perform work in accordance with GA 203 and ASTM C754. 1.06 SEQUENCING AND SCHEDULING A. Sequence work with other work directly affected by this Section. B. Coordinate work under provisions of Section 01040. C. Coordinate the work of related Sections. PART2 PRODUCTS 2.01 MANUFACTURERS A. Dietrick Industries. B. Clark Steel Framing Systems. C. Dale /lncer Steel Framing. D. Inryco /Miller Steel Framing. E. Substitutions: Under provisions of Section 01630. 2.02 STUD FRAMING MATERIALS A. Design, analysis and computation of section properties shall be in conformance with the Specification for the Design of Cold- Formed Steel Structural Members of the American Iron and Steel Institute. B. Technical tabulations of section properties, load capacities and deflections shall indicated dimensions, steel characteristics and allowable stresses upon which computations are based. C. All steel members shall be galvanized. D. All 16 gage and heavier galvanized structural members shall be formed from steel that corresponds to the requirements of ASTM A653/A653M with a minimum yield strength of 50 ksi. E. All 18 gage and lighter galvanized structural members shall be formed from steel that corresponds to the requirements of ASTM A653/A653M with a minimum yield strength of 33 ksi. Section 09110 -2 F. Studs: ASTM A525, galvanized to G90 coating class, ANSI /ASTM A591, non -load bearing rolled steel, channel shaped, punched for utility access. 1. INTERIOR STUDS: (5 PSF LATERAL LOAD) SPACING 16" ON CENTER SIZE GAUGE/WEIGHT MAX. UNBRACED LENGTH 3 -5/8" Standard (25 ga.) 11' -0" 3 -5/8" Extra Duty (22 ga.) 13' -0" 3 -5/8" . Heavy Duty (20 ga.) 13' -9" 6" Standard (25 ga.) 17' -0" 6" Extra Duty (22 ga.) 19'-6" 6" Heavy Duty (20 ga.) 20'-6" Interior studs shall have a minimum flange width of 1 3/8" and a minimum flange return of 318 ". G. Runners: Of same material and finish as studs, bent leg retainer notched to receive studs with provision for crimp locking to stud. Ceiling runners with extended legs. H. Furring and Bracing Members: Of same material and finish as studs, thickness to suit purpose. I. Fasteners: Self - drilling, self - tapping screws. J Metal Backing: 20 gage galvanized steel for reinforcement of hinges. K. Anchorage Devices: Power driven and /or Powder actuated. L. Primer: FSTT - P - 645, for touch - up of galvanized surfaces 2.03 FABRICATION A. Fabricate assemblies of studs, tracks, etc. to sizes and profiles required; with framing members fitted, reinforced, and braced to suit design requirements. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that conditions are ready to receive work. B. Verify field measurements are as shown on Drawings. C. Verify that rough -in utilities are in proper location. D. Beginning of installation means installer accepts existing conditions. Section 09110 -3 3.02 ERECTION A. Align and secure top and bottom tracks to floor and overhead structure at 24 inches on centers. Studs shall be seated squarely in the bottom tracks with the stud webs and flanges abutting the track webs. Where the studs extend to the structure above, maintain clearance under the structural members to avoid deflection transfer to the studs. Provide extended leg tracks to top of wall and bottom of structure. All studs shall be plumbed and aligned and securely attached to the flanges or webs of both the upper and lower tracks. Place two beads of acoustic sealant between tracks and substrate. B. Fit tracks under and above openings and secure intermediate studs to tracks at the same spacing specified for the wall studs. C. Install studs at 16 inches on centers unless otherwise noted. D. Connect studs to tracks using fastener method. E. Provide lateral bracing and bridging in stud systems in accordance with the manufacturer's recommendations. F. Splicing of studs will not be permitted. G. Construct corners using a minimum of three studs. H. Unless otherwise noted, double studs at wall openings and door and window jambs. I. Coordinate erection of studs with the requirements of door and window frame dimensions, supports, details and attachments. J. Align stud web openings. K. Coordinate installation of bucks, anchors, bridging and braking with electrical and mechanical work to be place inside or behind the stud framing. L. Blocking: Install and secure wood or light gage blocking to studs. Install blocking as required for support of plumbing fixtures, toilet partitions, wall cabinets, toilet accessories hardware and any other wall attached and supported items. M. Refer to drawings for indication of partitions extending to ceiling only and for partitions extending through ceiling to structure above. 3.03 TOLERANCES A. Maximum Variation From True Position: 1/16 inch. B. Maximum Variation of any Member from Plane: 1/16 inch. END OF SECTION Section 09110 -4 SECTION 09203 METAL FURRING AND LATHING PART1 GENERAL 1.01 WORK INCLUDED A. Metal furring for drywall. 1.02 RELATED WORK A. Section 04220 — Concrete Unit Masonry B. Section 09110 — Non Load — Bearing wall framing systems. C. Section 09260 - Gypsum Board Systems. 1.03 REFERENCES A. ANSI /ASTM C841 - Installation of Interior Lathing and Furring. B. ANSI /ASTM C847 - Metal Lath. C. FS QQ -L -101 - Lath, Metal, (and other Metal Plaster Bases). D. MUSFA (Metal Lath /Steel Framing Association) - Specifications for Metal Lathing and Furring. 1.04 SYSTEM DESCRIPTION A. Fabricate vertical wall and furred space framing to limit finish surface to 1/180 deflection under lateral point load of 100 lbs. B. Where maybe applicable fabricate horizontal ceiling and soffit framing to limit finish surface to 1/360 deflection under superimposed dead loads and wind uplift. 1.05 QUALITY ASSURANCE A. Applicator: Company specializing in metal furring and lathing work with three years experience. B. Perform work in accordance with MUSFA— Specifications for Metal Lathing and Furring. 1.06 REGULATORY REQUIREMENTS A. Where necessary conform to applicable building code for fire rated assemblies. Section 09203 -1 1.07 COORDINATION A. Coordination work of this Section with installation of any framed openings. B. Coordinate the installation of bucks, anchors, blocking, and electrical and mechanical work which is to be placed in or behind framing, furring, and lathing. C. Coordinate furring and framing with installation of metal studding. PART2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Alabama Metal Industries. B. Keene Products C. Unimast, Inc. D. Substitutions: Under provisions of Section 01630. 2.02 FRAMING MATERIALS (AS NECESSARY) A. Furring Channels: Formed steel; minimum 25 gage thick, 3/8 inch deep x 3/4 inch high; length as required. B. Main Ceiling Channels: Formed steel; minimum 18 gage thick, 3/4 inch deep x 1 -1/2 inch high; length as required. C. Resilient Channels: Formed steel; minimum 25 gage thick; size and length as required, serrated face, hat shaped profile. D. Hangers: Galvanized steel, of size and type to suit application, to rigidly support ceiling components in place, with maximum deflection as indicated. E. Lateral Bracing: Formed steel; minimum 16 gage thick; size and length as required. F. Casing Bead: Formed sheet steel; minimum 25 gage thick; thickness governed by plaster thickness; maximum possible lengths; solid flanges, with square edges. G. Control [and Expansion] Joint Accessories: Formed sheet steel; minimum 25 gage thick; accordion profile, 2 inch solid flanges each side. H. Anchorage and Fastening Device: Approved devices of type and size to suit application; to rigidly secure ceiling furring members in place. 2.03 LATHING MATERIALS AND ACCESSORIES (AS NECESSARY) A. Metal Lath: ANSI /ASTM C847; flat diamond self- furring mesh of weight to suit application. B. Corner Mesh: Formed sheet steel; minimum 26 gage thick; perforated flanges shaped to permit complete embedding in plaster; minimum 2 inch size. C. Strip Mesh: Expanded metal lath, minimum 26 gage thick; 2 inch wide x 24 inch long. Section 09203 -2 D. Anchorages: Tie wire, nails, screws and other metal supports, of type and size to "suit application; to rigidly secure lathing materials in place. 2.04 FINISHES A Framing Materials: Galvanized. B. Hangers, Anchors, and Fastening Devices: Galvanized. C. Lath Materials: Galvanized. PART 3 EXECUTION 3.01 INSPECTION A. Verify that surfaces conditions are ready to receive work B. Beginning of installation means acceptance of existing substrate. 3.02 WALL AND FURRED SPACE FRAMING (WHERE APPICALBLE) A. Erect wall furring by directly attaching to substrate walls. B. Erect furring channels horizontally. Secure in place on alternate channel flanges at maximum 24 inches o.c. C. Spacing furring channels maximum 24 inches on center, not more than 4 inches from floor and ceiling lines. D. Erect resilient channels at maximum 24 inches on center. Place joints over framing members. E. Establish control and expansion joints with specified joint device. 3.03 CEILING AND SOFFIT FRAMING (WHERE APPLICABLE) A. Install furring to height indicated. Erect after above ceiling work is complete. Coordinate the location of hangers with other work. B. Install ceiling furring independent of walls, columns, and above ceiling work. Securely anchor hangers to structural members or embed in structural slab. Space hangers to achieve deflection limits indicated. C. Space main carrying channels at maximum 72 inch centers; not more than 6 inches from wall surfaces. Lap splice securely. D. Securely fix carrying channels to hangers to prevent turning or twisting and to transmit full load to hangers. E. Place furring channels perpendicular to carrying channels, not more than 2 inches from perimeter walls, and rigidly secure. Lap splice securely. F. Reinforce openings in suspension system which interrupt main carrying channels or furring channels with lateral channel bracing. Extend bracing minimum 24 inches past each opening. Section 09203 -3 1 1 1 1 1 1 1 1 1 1 1 ' K. Place control joints vertically above each top corner of door and glazed frames to 6 inches above ceiling line. 1 1 1 1 1 1 1 G. Laterally brace suspension system. H. Erect resilient channels at maximum 24 inches on center. Rigidly secure in place. I. Establish contraction, control , and expansion joints with specified joint device. 3.04 LATHING MATERIALS ( Where Applicable) A Apply metal lath taut, with long dimension perpendicular to supports. B. Lap ends minimum one inch. Secure end laps with tie wire where they occur between supports. C. Lap sides of diamond mesh lath minimum 1 -1/2 inches. Nest outside ribs of rib lath together. D Attach metal lath to wood supports using nails at maximum 6 inches on center. E. Continuously reinforce internal angles with corner mesh, except where the metal lath retums 3 inches from corner to form the angle reinforcement; fasten at perimeter edges only. F. Place beaded external angle with mesh at corners; fasten at outer edges only. G. Place strip mesh diagonally at corners of lathed openings. Secure rigidly in place. H. Place 4 inch wide strips of metal lath centered over junctions of dissimilar backing materials. Secure rigidly in place. I. Place casing beads at terminations of plaster finish. Butt and align ends Secure ngidly in place. J. Establish contraction, control, and expansion joints with specified joint device. 3.05 TOLERANCES A. Maximum Variation from True Lines and Levels: 1/8 inch in 10 feet. B. Maximum Variation from True Position: 1/8 inch END OF SECTION Section 09203 -4 PART 1 GENERAL 1.01 WORK INCLUDED SECTION 09250 GYPSUM WALLBOARD A. Furnish labor, material, equipment and supplies required for a complete installation of gypsum board and related accessories. 1.02 RELATED SECTIONS A. General Conditions an Division 01. B. Section 09110: Non - Load Bearing Wall Framing Systems. C. Section 09260: Gypsum Wallboard Systems. 1.03 QUALITY ASSURANCE A. Gypsum board shall be installed in strict accordance with manufacturer's recommendations. PART 2 PRODUCTS Not used. PART 3 EXECUTION Not used. END OF SECTION Section 09250 -1 THIS IS A BLANK PAGE Section 09250 -2 SECTION 09260 GYPSUM BOARD SYSTEMS PART1 GENERAL 1.01 WORK INCLUDED A Gypsum board. B. Taped and sanded joint treatment. C. Texture 1.02 WORK INSTALLED BUT FURNISHED UNDER OTHER SECTIONS A. Section 09110 —Non Load - Bearing Wall Framing Systems. B. Section 09250 - Gypsum Wallboard. C. Section 09280 - Gypsum Wallboard Accessories. 1.03 RELATED SECTIONS A. Section 4220: Concrete Unit Masonry 1.04 REFERENCES A. ANSI /ASTM C36 - Gypsum Wallboard. B. ANSI /ASTM C442 - Gypsum Backing Board. C. ANSI /ASTM C475 - Joint Treatment Materials for Gypsum Wallboard Construction. D. ANSI /ASTM C630 - Water Resistant Gypsum Backing Board. E. ANSI /ASTM C646 - Steel Drill Screws for the Application of Gypsum Sheet Material to Light Gage Steel Studs. F. ANSI /ASTM C754 - Installation of Framing Members to Receive Screw Attached Gypsum Wallboard, Backing Board, or Water Resistant Backing Board. G. ANSI /ASTM E90 - Method for Laboratory Measurement of Airbome Sound Transmission Loss of Building Partitions. H. ANSI /ASTM E119 - Fire Tests of Building Construction and Materials. I. GA -201 - Gypsum Board for Walls and Ceilings. J. GA -216 - Recommended Specifications for the Application and Finishing of Gypsum Board. Section 09260 -1 1.05 QUALITY ASSURANCE A. Applicator: Company specializing in gypsum board systems work with three years experience. 1.06 REGULATORY REQUIREMENTS A. Conform to applicable code for fire rated assemblies. 1. Fire Rated Partitions: Listed assembly by UL. 2 Fire Rated Ceiling: Listed assembly by UL. PART2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS - GYPSUM BOARD SYSTEM A United States Gypsum (U.S.G.). B. Other acceptable manufacturers offering equivalent products: 1. National Gypsum Company. 2. Gold Bond. 2.02 GYPSUM BOARD MATERIALS A Fire Rated Gypsum Board: ANSI /ASTM C36; fire resistive type, UL rated; 5/8 inch thick, maximum permissible length; ends square cut, tapered and beveled edges. PART 3 EXECUTION 3.01 INSPECTION A. Verify that site conditions are ready to receive work and opening dimensions are as indicated on shop drawings. B. Beginning of installation means acceptance of substrate. 3.02 GYPSUM BOARD INSTALLATION A Install gypsum board in accordance with manufacturer's instructions. B. Erect single layer gypsum board in parallel to support members, with ends and edges occurring over firm bearing. C. Erect single layer fire rated gypsum board vertically, with edges and ends occurring over firm bearing. Provide where required by drawings. D. Use screws when fastening gypsum board to metal furring or framing. E. Place corner beads at external corners. Use longest practical length. Place edge trim where gypsum board butts dissimilar materials. 3.03 JOINT TREATMENT A. Tape, fill, and sand exposed joints, edges, and corners to produce smooth surface ready to receive finishes. Section 09260 -2 B. Feather coats onto adjoining surfaces so that camber is maximum 1/32 inch. C. Taping, filling, and sanding is not required at surfaces behind applied ceramic tile. D. Erect in accordance with manufacturer's instructions. 3.04 TOLERANCES A Maximum Variation from True Flatness: 1/8 inch in 10 feet in any direction. END OF SECTION Section 09260 -3 THIS IS A BLANK PAGE Section 09260 -4 SECTION 09280 GYPSUM WALLBOARD ACCESSORIES PART1 GENERAL 1.01 WORK INCLUDED A Metal accessories for drywall application. 1.02 RELATED SECTIONS A. Section 09260: Gypsum Board Systems. 1.03 REFERENCES A. ASTM A525 - General Requirements for Steel Sheet Zinc Coated (Galvanized) by the Hot -Dip Process. B. FS- TT -P-645 - Primer Paint, Zinc - chromate, Alkyd Type. 1.04 SUBMITTALS A. Submit product data under provisions of Section 01340. 8. Submit samples of each type of accessory proposed for use on the project and description of its use. PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A United States Gypsum B. Gold Bond C. Substitutions: Under provisions of Section 01630. 2.02 MATERIALS A. All accessories shall be hot - dipped galvanized, unless otherwise noted. B. Accessories (U.S.G. members) 1. Corner (exterior) reinforcement: #103 Dur -A -Bead. 2. Metal trim (casing): #200 - A. 3. Metal trim (casing): #200 -B. 4. Resilient furring channels as may be required. Section 09280 -1 PART 3 EXECUTION 3.01 INSTALLATION A. Install corner beads at all exterior drywall corners, both vertical and horizontal, full length of corner. B. Install casing beads at termination points of drywall which abutts other materials and is visually exposed. C. Install control joints at outside corners of all interior door frames (head section) both sides of wall. Install control joints at outside corners, head and sill, of window openings (inside wall surface). Install control joints in all ceiling areas of uninterrupted planes exceeding 20 feet in either direction. D. Install control joints approximately 20' -0" on center in all uninterrupted walls. Break wallboard behind joint using double studs. Attach control joints to face; layer with staples spaced 6 inches on center on both flanges along entire length of joint. END OF SECTION Section 09280 -2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PART1 GENERAL SECTION 09900 PAINTING 1.01 WORK INCLUDED A. Interior Painting Application. 1.02 RELATED SECTIONS A. General Conditions and Division 01. B. Section 09920: Interior Painting. C. Section 09950: Wall Coverings. D. Section 09952: Vinyl Wall Coverings. E. Section 09990: Adhesive. 1.03 REFERENCES A. ANSI /ASTM D16 - Definitions of Terms Relating to Paint, Vamish, Lacquer, and Related Products. B. ASTM D2016 - Test Method for Moisture Content of Wood. 1.04 DEFINITIONS A. Conform to ANSI /ASTM D16 for interpretation of terms used in this Section. 1.05 QUALITY ASSURANCE A. All painting materials shall be applied in strict accordance with manufacturers recommendations. B. No work shall be started until environmental conditions meet specified criteria. C. Beginning work indicates acceptance of substrate conditions. D. Failure to meet specified criteria will be cause for rejection of work. E. Applicator. Company specializing in commercial painting and finishing with 5 years experience. 1.06 REGULATORY REQUIREMENTS A. Conform to applicable code for flame /fuel /smoke rating requirements for finishes. Section 09900 -1 1.07 TESTS A. Coatings shall meet or exceed the thickness stated in these Specifications Periodic wet or dry testing may be done by the Architect to check compliance. 1.08 SUBMITTALS A. Provide product data on all finishing products. B. Submit manufacturers application instructions 1.09 DELIVERY, STORAGE, AND HANDLING A Deliver products to site under provisions of Section 01610. B. Deliver products to site in sealed and labeled containers; inspect to verify acceptance. C. Container labeling to include manufacturers name, type of paint, brand name, brand code, coverage, surface preparation, drying time, cleanup, color designation, and instructions for mixing and reducing. D. Store paint materials at minimum ambient temperature of 45 degrees F (7 degrees C) and a maximum of 90 degrees F (32 degrees C), in well ventilated area, unless required otherwise by manufacturer's instructions. E. Take precautionary measures to prevent fire hazards and spontaneous combustion. DO NOT STORE PAINT SOAKED RAGS IN THE BUILDING. PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS EPDXY - PAINT A. Sherwin Williams, match existing color — Chenille White, SW1102. 2.02 ACCEPTABLE MANUFACTURERS - PRIMER-SEALERS A. Sherwin Williams, match existing. 2.03 ACCEPTABLE MANUFACTURERS - BLOCK FILLER A. Sherwin Williams, match existing. 2.04 MATERIALS A. Coatings: Ready mixed, except field catalyzed coatings. Process pigments to a soft paste consistency, capable of being readily and uniformly dispersed to a homogeneous coating. B. Coatings: Good flow and brushing properties; capable of drying or curing free of streaks . or sags. C. Accessory Materials: Linseed oil, shellac, turpentine, paint thinners and other materials not specifically indicated but required to achieve the finishes specified, of commercial quality. Section 09900 -2 2.05 FINISH THICKNESS REQUIREMENTS (MINIMUMS) A. Gypsum Board Primer: 1.1 Mils B. Gypsum Board Finish: 1.4 Mils (Minimum) C. Interior Masonry Primer: 10.0 Mils D. Interior Masonry Finish: 4.0 Mils (Minimum) Note: Referenced thickness' are per coat and /or application and are minimum requirements. Manufacturer's recommendations shall govern for final per coat thickness requirements if such requirements are in excess of those indicated herein. PART 3 EXECUTION - GENERAL 3.01 INSPECTION A. Verify that surfaces and substrate conditions are ready to receive work as instructed by the product manufacturer. B. Examine surfaces scheduled to be finished prior to commencement of work. Report any condition that may potentially affect proper application. C. Beginning of installation means acceptance of existing surfaces and substrate. 3.02 SPECIFIC APPLICATION A. Refer Section 09910,for specific installation criteria. END OF SECTION Section 09900 -3 THIS IS A BLANK PAGE Section 09900 -4 1 1 1 1 1.01 WORK INCLUDED 1 1.02 RELATED WORK 1 1 1 1 1 1 1 1 1 1 1 1 PART1 GENERAL B. Surface finish schedule. A. Section 09900 - Painting. 1.03 REFERENCES SECTION 09920 INTERIOR PAINTING A. Surface preparation, priming, and final painting including all labor, material, equipment, and supplies. A. ANSI /ASTM D16 - Definitions of Terms Relating to Paint, Varnish, Lacquer, and Related Products. B. ASTM D2016 - Test Method for Moisture Content of Wood. 1.04 DEFINITIONS A. Conform to ANSI /ASTM D16 for interpretation of terms used in this Section. 1.05 QUALITY ASSURANCE A. Product Manufacturer. Company specializing in manufacturing quality paint and finish products with three years experience. B. Applicator: Company specializing in commercial painting and finishing with three years experience. 1.06 REGULATORY REQUIREMENTS A. Conform to applicable code for flame /fuel /smoke rating requirements for finishes. 1.07 DELIVERY, STORAGE, AND HANDLING A. Deliver products to site under provisions of Section 01610. B. Deliver products to site in sealed and labeled containers; inspect to verify acceptance. C. Container labeling to include manufacturer's name, type of paint, brand name, brand code, coverage, surface preparation, drying time, cleanup, color designation, and instructions for mixing and reducing. Section 09920 -1 D. Store paint materials at minimum ambient temperature of 45 degrees F (7 degrees C) and a maximum of 90 degrees F (32 degrees C), in well ventilated area, unless required otherwise by manufacturer's instructions. E. Take precautionary measures to prevent fire hazards and spontaneous combustion. 1.08 ENVIRONMENTAL REQUIREMENTS A. Provide continuous ventilation and heating facilities to maintain surface and ambient temperatures above 45 degrees F 7 degrees C for 24 hours before, during, and 48 hours after application of finishes, unless required otherwise by manufacturer's instructions. B. Minimum Application Temperatures for Latex Paints: 45 degrees F (7 degrees C) for interiors; unless required otherwise by manufacturer's instructions. C. Provide lighting level of 80 ft candles measured mid - height at substrate surface. 1.09 EXTRA STOCK A. Provide a one gallon container of each color to Owner. B. Label each container with color, texture, room locations, and mix number in addition to the manufacturer's label. PART2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS — PRIMERS — SEALERS, AND EPDXY PAINT A. Sherwin Williams Company, - Match existing, Chenille White, SW1102. 2.02' MATERIALS - PROPERTIES A. Coatings: Ready mixed, except field catalyzed coatings. Process pigments to a soft paste consistency, capable of being readily and uniformly dispersed to a homogeneous coating. B. Coatings: Good flow and brushing properties; capable of drying or curing free of streaks or sags. C. Accessory Materials: Linseed oil, shellac, turpentine, paint thinners and other materials not specifically indicated but required to achieve the finishes specified, of commercial quality. 2.03 MATERIALS — SCHEDULE (MATERIALS GIVEN PER SHERWIN WILLIAMS DATA) A. Masonry — Epoxy where scheduled 1. Filler —1 coat "Kem Cati -Coat HS" epoxy filler /sealer. 2. Finish Coat — 2 coats "Macropoxy HS" high solids epoxy — semi - gloss. PART 3 EXECUTION 3.01 INSPECTION A Verify that surfaces and substrate conditions are ready to receive work as instructed by the product manufacturer. Section 09920 -2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 B. Examine surfaces scheduled to be finished prior to commencement of work. Report any condition that may potentially affect proper application. C. Measure moisture content of surfaces using an electronic moisture meter. Do not apply finishes unless moisture content of surfaces are below the following maximums: 1. Gypsum Wallboard: 10 percent. 2. Masonry, Concrete, and Concrete Unit Masonry: 10 percent. D. Thinning of painting materials shall be done strictly in accordance with manufacturer's recommendations. Thinning of water based latex paints to extend coverage shall not be permitted under any circumstances. E. Beginning of installation means acceptance of substrate. 3.02 PREPARATION A. Remove electrical plates, hardware, light fixture tnm, and fittings prior to preparing surfaces or finishing. B. Correct minor defects and clean surfaces which affect work of this Section. C. Shellac and seal marks which may bleed through surface finishes. D. Impervious Surfaces: Remove mildew by scrubbing with solution of tri- sodium phosphate and bleach. Rinse with clean water and allow surface to dry. E. Gypsum Board Surfaces: Latex fill minor defects. Spot prime defects after repair. F. Concrete and Unit Masonry Surfaces Scheduled to Receive Paint Finish: Remove dirt, loose mortar, scale, salt or alkali powder, and other foreign matter. Remove oil and grease with a solution of tri- sodium phosphate; rinse well and allow to dry. Remove stains caused by weathering of corroding metals with a solution of sodium metasilicate after thoroughly wetting with water. Allow to dry. 3.03 PROTECTION A. Protect elements surrounding the work of this Section from damage or disfiguration. B. Repair damage to other surfaces caused by work of this Section. C. Furnish drop cloths, shields, and protective methods to prevent spray or droppings from disfiguring other surfaces. D. Remove empty paint containers from site. 3.04 APPLICATION A Apply products in accordance with manufacturer's instructions. B. Do not apply finishes to surfaces that are not dry. C. Apply each coat to uniform finish. D. Apply each coat of paint slightly darker than preceeding coat unless otherwise approved. E. Sand lightly between coats to achieve required finish. Section 09920 - F. Allow applied coat to dry before next coat is applied. G. Prime back surfaces of interior woodwork with primer paint. 3.05 CLEANING A As Work proceeds, promptly remove paint where spilled, splashed, or spattered. B. During progress of Work maintain premises free of unnecessary accumulation of tools, equipment, surplus materials, and debris. C. COLLECT COTTON WASTE, CLOTHS, AND MATERIAL WHICH MAY CONSTITUTE A FIRE HAZARD, PLACE IN CLOSED METAL CONTAINERS AND REMOVE DAILY FROM SITE END OF SECTION Section 09920 -4 SECTION 09950 WALL COVERINGS PART1 GENERAL 1.01 WORK INCLUDED A. Labor, Materials, Equipment and Supplies for installation of wall coverings. 1.02 RELATED WORK A. General Conditions and Division 01. B. Section 09952: Vinyl Wall Covering. C. Section 09990: Adhesives. 1.03 QUALITY ASSURANCE A. All work shall be performed in strict accordance with manufacturer's recommendations. B. No work shall be started until building environment meets specified temperatures, humidity, and lighting requirements C. Work not performed to specified criteria will be rejected. PART 2 PRODUCTS NOT USED. PART 3 EXECUTION NOT USED. END OF SECTION Section 09950 -1 THIS IS A BLANK PAGE Section 09950 -2 SECTION 09952 VINYL WALL COVERINGS PART1 GENERAL 1.01 WORK INCLUDED A. Wall covering. 1.02 RELATED SECTIONS A. Section 09900 - Wall covering. B. Section 09990 - Adhesive. 1.03 REFERENCES A. ANSI /ASTM E84 - Test Method for Surface Burning Characteristics of Building Materials. B FS CCC -W-408 - Wall Covering, Vinyl Coated. C. FS L -P -1040 - Plastic Sheets and Strips, Polyvinylfloride. D. NFPA 255 - Test of Surface Burning Characteristics of Building Materials. E. UL 723 - Tests for Surface Burning Characteristics of Building Materials. 1.04 QUALITY ASSURANCE A. Manufacturer: Company specializing in manufacturing commercial wall fabrics with 10 years documented experience. B. Applicator: Company specializing in installing wall fabrics with 5 years documented experience. 1.05 REGULATORY REQUIREMENTS A. Conform to applicable code for flame /fuel/smoke ratings of 15/5/10 when tested to ANSI /ASTM E84. 1.06 DELIVERY, STORAGE, AND HANDLING A. Deliver products to site under provisions of Section 01610. B. Contractor shall inspect roll materials on site to verify acceptance. C. Do not store roll goods on end. D. Contractor shall order materials immediately upon receipt of approved color selection. Subsequent availability problems arising after this date will be bome by the subcontractor alone, and any additional costs associated will be the subcontractor. Section 09952 -1 1.07 ENVIRONMENTAL REQUIREMENTS A. Provide continuous ventilation and heating facilities to maintain substrate surface and ambient temperatures above 60 degrees F, unless required otherwise by manufacturer's instructions. B. Maintain temperature conditions 24 hours before, during, and after installation of adhesive and wall covering. C. Provide lighting level of 80 ft candles measured mid - height at substrate surfaces. 1.08 EXTRA STOCK A. Provide one roll of each color of wall covering under provisions of Section 01750. B. Package and label each roll by destination room number; store where directed. PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Koroseal, match existing, Bradford L- 221 -37 (Lawrence). 2.02 MATERIALS A. Wall Covering: Vinyl [coated fabric] roll stock, conforming to the following: 1. Vinyl Gauge 9 mils 2. Total Weight 21 oz. ply, 14 oz PSY 3. Vinyl Finish Weight 18 oz/sq. yd 4. Roll Width 54 inches 5. Pattern Koroseal "Lawrence" 6. Fabric Osnaburg 7. Frame Spread 15 8. Smoke Developed 20 B. Substrate Filler: As recommended by adhesive and wall covering manufacturers; compatible with substrate. C. Termination Trim: Extruded plastic of matching color as selected by Architect. PART 3 EXECUTION 3.01 INSPECTION A Verify that substrate surfaces are ready to receive work, and conform to requirements of the wall covering manufacturer. B. Verify flatness tolerance of surfaces does not vary more than 1/8 inch in 10 feet nor vary at a rate greater than 1 /16inch /ft. C. Beginning of installation means acceptance of substrate. Section 09952 -2 3.02 PREPARATION A. Sand glossy surfaces. Shellac marks which may bleed. B. Vacuum clean surfaces free of loose particles. 3.03 INSTALLATION A. Apply wall covering in accordance with manufacturer's instructions. B. Use wall covering in roll number sequence and /or in pattern sequence. C. Razor trim edges on flat work table. Do not razor cut on gypsum board surfaces. D. Apply wall covering smooth, without wrinkles, gaps or overlaps. Eliminate air pockets and ensure full bond to substrate surface. Butt edges tight. E. Horizontal seams are not acceptable. F. Do not seam within 2 inches of internal corners or within 6 inches of external corners. G. Install wall covering before installation of bases, cabinets, hardware, or items attached to or spaced slightly from wall surface. Do not install wall covering more than 1/4 inch below top of resilient base or ceramic tile border. H. Cover spaces above and below windows, above doors, in pattern sequence from roll. I. Apply fabric covering to electrical, wall plates prior to replacing. J. Where wall covering tucks into door frame reveals, or metal wallboard or plaster stops, apply covering with contact adhesive within 6 inches of wall covering termination. Ensure full contact bond. K. Tuck wall covering into full depth of wall board control joints. L. Install termination trim where required. M. Remove excess wet adhesive from seam before proceeding to next wall covering sheet. Wipe clean with dry cloth. 3.04 CLEANING A. Clean wall coverings of excess adhesive, dust, dirt, and other contaminants. B. Replace wall plates and accessories removed prior to work of this Section. 3.05 SCHEDULE A. Refer Drawings END OF SECTION Section 09952 -3 THIS IS A BLANK PAGE Section 09952 -4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 09990 ADHESIVES PART 1 GENERAL 1.01 WORK INCLUDED A. Surface preparation and prime painting. B Adhesive application. 1.02 RELATED SECTIONS A. Section 09950 - Wall Covering. B. Section 09952 - Vinyl Wall Covering. 1.03 REFERENCES A. NFPA 255 - Test of Surface Burning Characteristics of Building Materials. B. UL 723 - Tests for Surface Burning Characteristics of Building Materials. 1.04 QUALITY ASSURANCE A. Manufacturer: Company specializing in manufacturing commercial wall fabrics and adhesives with 10 years documented experience. B. Applicator: Company specializing in installing wall fabrics with 5 years documented experience. 1.05 DELIVERY, STORAGE, AND HANDLING A. Deliver products to site under provisions of Section 01610. B. Protect packaged adhesive from temperature cycling and cold temperatures. 1.06 ENVIRONMENTAL REQUIREMENTS A. Provide continuous ventilation and heating facilities to maintain substrate surface and ambient temperatures above 60 degrees F unless required otherwise by manufacturer's instructions. B. Do not apply adhesive when substrate surface temperature or ambient temperature is below 60 degrees F or relative humidity is above 40 percent. C. Maintain these conditions 24 hours before, during, and after installation of adhesive. D. Provide lighting level of 80 ft candles measured mid height at substrate surfaces Section 09990 -1 PART2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Goodrich Company B. Genon. C. Approved equal. 2.02 MATERIALS A Adhesive: Type recommended by wall covering manufacturer to suit application to substrate. B. Substrate Filler. As recommended by adhesive and wall covering manufacturers; compatible with substrate. C. Substrate Primer and Sealer. Alkyd enamel. PART 3 EXECUTION 3.01 INSPECTION A. Verify that substrate surfaces are prime painted and ready to receive work, and conform to requirements of the wall covering manufacturer. B. Verify flatness tolerance of surfaces does not vary more than 1/8 inch in 10 feet nor vary at a rate greater than 1/16 inch /ft. C Beginning of instalfation means acceptance of existing surfaces. 3.02 PREPARATION A. Fill cracks and smooth irregularities with filler; sand smooth. B. Wash surfaces with tn- sodium phosphate, rinse and neutralize; wipe dry. C. Sand glossy surfaces. Shellac marks which may bleed. D. Remove electrical, telephone, and wall plates and covers. E. Vacuum clean surfaces free of loose particles. F. Apply one coat of primer sealer to substrate surfaces. Allow to dry. Lightly sand smooth. Vacuum clean. Section 09990 -2 3.03 INSTALLATION A. Apply adhesive in accordance with manufacturer's instructions. B Apply adhesive to wall surface immediately prior to application of wall covering. Let contact adhesive set tack free. C. Remove excess wet adhesive from seam before proceeding to next wall covering sheet. Wipe clean with dry cloth. END OF SECTION Section 09990 -3 THIS IS A BLANK PAGE Section 09990 -4