PROJECT MANUAL CHESHIRE PUBLIC SCHOOLS CONNECTICUT GYM FLOOR REPLACEMENT CHESHIRE HIGH SCHOOL 525 SOUTH MAIN STREET CHESHIRE, CT 06410 BID #1314-20 AB CD Submission: April 24, 2014 Issued for Bid: June 1, 2014 Architects / Engineers / Interior Designers Silver/Petrucelli + Associates, Inc. 3190 Whitney Avenue, Building 2 Hamden, Connecticut 06518 TABLE OF CONTENTS GYM FLOOR REPLACEMENT CHESHIRE HIGH SCHOOL 525 SOUTH MAIN STREET CHESHIRE, CT 06410 BID #1314-20 AB S/P+A PROJECT NO. 13.243 DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS PAGES Legal Notice 1 Bid Proposal Package 24 Invitation to Bid Standard Instructions to Bidders Insurance Requirements Bid Form Bidder’s Legal Status Disclosure Bidder’s Certification Concerning Equal Employment Opportunities and Affirmative Action Policy Bidder’s Non-Collusion Affidavit Bidder’s Statement of References Form of Contract General Conditions of the Contract (AIA A201) 40 Supplementary General Conditions 14 Project Application and Project Certificate for Payment (AIA G702) 1 Project Application Continuation Sheet (AIA G703) 1 Prevailing Wage Rate Information 33 Payroll Certification for Public Works Projects 3 2013-14 and 2014-15 School Calendars 2 Drawing List 1 DIVISION 1 – GENERAL REQUIREMENTS Section 011000 Section 012300 Section 012500 Section 012600 Section 012900 Section 013100 Section 013200 Section 013233 Section 013300 Section 014000 Section 014200 Section 015000 Section 016000 Section 017300 Section 017700 Section 017823 Summary of Work Alternates Substitution Procedures Contract Modification Procedures Payment Procedures Project Management and Coordination Construction Progress Documentation Photographic Documentation Submittal Procedures Quality Requirements References Temporary Facilities and Controls Product Requirements Execution Closeout Procedures Operation and Maintenance Data 3 2 4 3 4 10 7 2 9 10 10 6 5 7 4 4 Cheshire High School Gym Floor Replacement TOC-1 TABLE OF CONTENTS Section 017839 Project Record Documents 4 DIVISION 2 – EXISTING CONDITIONS Section 024119 Selective Demolition Asbestos Removal Project Design, April 9, 2014 6 67 DIVISION 3 – CONCRETE Section 035413 Gypsum Cement Underlayment 4 DIVISION 6 – WOOD, PLASTICS AND COMPOSITES Section 061000 Rough Carpentry 5 DIVISION 7 – THERMAL AND MOISTURE PROTECTION Section 079200 Joint Sealants 5 Door Hardware 4 Wood Athletic Flooring 6 DIVISION 8 – OPENINGS Section 087100 DIVISION 9 – FINISHES Section 096466 DIVISION 11 – EQUIPMENT Section 116623 Gymnasium Equipment 4 END OF SECTION Cheshire High School Gym Floor Replacement TOC-2 LEGAL NOTICE CHESHIRE PUBLIC SCHOOLS INVITATION TO BID ON WEST GYM FLOOR REPLACMENT AT CHESHIRE HIGH SCHOOL BID #1314-20 AB June 1, 2014 The Cheshire Public Schools will receive sealed bids for the WEST GYM FLOOR REPLACMENT AT CHESHIRE HIGH SCHOOL until June 16, 2014 at 2:00 PM. At that time bids will be opened in public and read aloud. A mandatory site visit meeting to view the Gym Floor to be replaced in the West Gym at Cheshire High School will begin on Tuesday, June 10, 2014 at 10:00 a.m. at Cheshire High School, 525 South Main Street, Cheshire, CT 06410. The documents comprising the Invitation to Bid may be obtained from the Office of Management Services, Cheshire Public Schools, Room 12, 29 Main Street, Cheshire, CT 06410 during the hours of 8:30 AM – 4:00 PM Monday through Friday and on the School’s website on the Central Office, Management Services page under “Bids and Requests for Proposals (RFPs)”, at www.cheshire.k12.ct.us/managementserv. The Cheshire Public Schools reserves the rights to amend or terminate this Invitation to Bid, accept all or any part of a proposal, reject all bids, waive any informalities or non-material deficiencies in a proposal, and award the bid to the bidder who, in the School’s judgment, will be in the School’s best interests with price and all other factors considered. -1- CHESHIRE PUBLIC SCHOOLS CHESHIRE, CONNECTICUT INVITATION TO BID ON WEST GYM FLOOR REPLACMENT AT CHESHIRE HIGH SCHOOL Bid Number: #1314-20 AB Mandatory Site Visit: June 10, 2014 at 10:00AM Bid Opening Date: June 16, 2014 Bid Opening Time: 2:00 PM Bid Opening Place: Cheshire Public Schools, Office of Management Services, Room 12 ************************************************************************************* The Cheshire Public Schools is seeking bids for the WEST GYM FLOOR REPLACMENT AT CHESHIRE HIGH SCHOOL as detailed in the “Specifications” section. One (1) original and four (4) copies of sealed bids must be received at the Cheshire Public Schools, Office of Management Services, Room 12, 29 Main Street, Cheshire, CT 06410 by the date and time noted above. The Cheshire Public Schools (the “Schools”) will not accept submissions by e-mail or fax. The Schools will reject bids received after the date and time noted above. The documents comprising this Invitation to Bid may be obtained from the Office of Management Services, Cheshire Public Schools, Room 12, 29 Main Street, Cheshire, CT 06410 during the hours of 8:30 AM – 4:00 PM Monday through Friday and on the School’s website on the Central Office, Management Services page under “Bids and Requests for Bids (RFPs)”, at www.cheshire.k12.ct.us/managementserv. Each bidder is responsible for checking the School’s website to determine if the Schools have issued any addenda and, if so, to complete its bid in accordance with the Invitation to Bid as modified by the addenda. Bids must be held firm and cannot be withdrawn for sixty (60) calendar days after the opening date. The Schools reserves the rights to amend or terminate this Invitation to Bid, accept all or any part of a bid, reject all bids, waive any informalities or non-material deficiencies in a bid, and award the bid to the bidder who, in the School’s judgment, will be in the School’s best interests. This Invitation to Bid includes: • Standard Instructions to Bidders • Specifications • Insurance Requirements • Bid Form • Bidder’s Legal Status Disclosure • Bidder’s Certification Concerning Equal Employment Opportunities and Affirmative Action Policy • Bidder’s Non Collusion Affidavit • Bidder’s Statement of References • Addenda, if any • The Contract in the form attached -1- CHESHIRE PUBLIC SCHOOLS, CONNECTICUT INVITATION TO BID ON WEST GYM FLOOR REPLACMENT AT CHESHIRE HIGH SCHOOL BID #1314-20 AB STANDARD INSTRUCTIONS TO BIDDERS 1. INTRODUCTION The Cheshire Public Schools (the “Schools”) are soliciting bids for the WEST GYM FLOOR REPLACEMENT AT CHESHIRE HIGH SCHOOL as detailed in the Specifications section. This Invitation to Bid is not a contract offer, and no contract will exist unless and until a written contract is signed by the Schools and the successful bidder. Interested parties should submit a bid in accordance with the requirements and directions contained in this Invitation to Bid. Bidders are prohibited from contacting any Schools or Town employee, officer or official concerning this Invitation to Bid, except as set forth in Section 6, below. A bidder’s failure to comply with this requirement may result in disqualification. If there are any conflicts between the provisions of these Standard Instructions to Bidders and any other documents comprising this Invitation to Bid, these Standard Instructions to Bidders shall prevail. 2. RIGHT TO AMEND OR TERMINATE THE INVITATION TO BID OR CONTRACT The Schools may, before or after bid opening and in its sole discretion, clarify, modify, amend or terminate this Invitation to Bid if the Schools determine it is in the School’s best interest. Any such action shall be effected by a posting on the School’s website on the Central Office, Management Services page under “Bids and Requests for Bids (RFPs)”, at www.cheshire.k12.ct.us/managementserv. Each bidder is responsible for checking the School’s website to determine if the Schools have issued any addenda and, if so, to complete its bid in accordance with the Invitation to Bid as modified by the addenda. If this Invitation to Bid provides for a multi-year agreement, the Schools also reserve the right to terminate the Contract at the end of the last fiscal year for which funds have been appropriated, and the Schools shall have no obligation or liability to the successful bidder for any unfunded year or years. 3. KEY DATES Mandatory Site Visit: Bid Opening: Preliminary Notice of Award: Contract Execution: June 10, 2014 at 10:00AM June 16, 2014 at 2:00 PM June 23, 2014 June 30, 2014 The Preliminary Notice of Award and Contract Execution dates are anticipated, not certain, dates. 4. OBTAINING THE INVITATION TO BID All documents that are a part of this bid may be obtained from the Office of Management Services, Cheshire Public Schools, Room 12, 29 Main Street, Cheshire, CT 06410, during the hours of 8:30 AM – 4:00 PM Monday through Friday (except for holidays) or on the Cheshire Public School’s website on the Central Office, Management Services page under “Bids and Requests for Bids (RFPs)”, at -2- www.cheshire.k12.ct.us/managementserv. 5. BID SUBMISSION INSTRUCTIONS Bids must be received in the Office of Management Services, Cheshire Public Schools, Room 12, 29 Main Street, Cheshire, CT 06410 prior to the date and time the bids are scheduled to be opened publicly. Postmarks prior to the opening date and time do NOT satisfy this condition. The Schools will not accept submissions by e-mail or fax. Bidders are solely responsible for ensuring timely delivery. The Schools will NOT accept late bids. One (1) original and four (4) copies of all bid documents must be submitted in sealed, opaque envelopes clearly labeled with the bidder’s name, the bidder’s address, the words "BID DOCUMENTS,” and the Bid Title, Bid Number and Bid Opening Date. The Schools may decline to accept bids submitted in unmarked envelopes that the Schools open in its normal course of business. The Schools may, but shall not be required to, return such bid documents and inform the bidder that the bid documents may be resubmitted in a sealed envelope properly marked as described above. Bid prices must be submitted on the Bid Form included in this Invitation to Bid. All blank spaces for bid prices must be completed in ink or be typewritten; bid prices must be stated in both words and figures. The person signing the Bid Form must initial any errors, alterations or corrections on that form. Ditto marks or words such as “SAME” shall not be used in the Bid Form. Bids may be withdrawn personally or in writing provided that the Schools receive the withdrawal prior to the time and date the bids are scheduled to be opened. Bids are considered valid, and may not be withdrawn, cancelled or modified, for sixty (60) days after the opening date, to give the Schools sufficient time to review the bids, investigate the bidders’ qualifications, secure any required municipal approvals, and execute a binding contract with the successful bidder. An authorized person representing the legal entity of the bidder must sign the Bid Form and all other forms included in this Invitation to Bid. 6. QUESTIONS AND AMENDMENTS Questions concerning the process, procedures or specifications applicable this Invitation to Bid Specifications are to be submitted in writing (including by e-mail or fax) and directed only to: Name: Department: E-mail: Fax: Vincent Masciana Cheshire Public Schools vmasciana@cheshire.k12.ct.us with copies to SSmith@silverpetrucelli.com and pwilliams@cheshire.k12.ct.us 203-250-2438 Bidders are prohibited from contacting any other Schools or Town employee, officer or official concerning this Invitation to Bid. A bidder’s failure to comply with this requirement may result in disqualification. The appropriate Schools representative listed above must receive any questions from bidders no later than seven (7) business days before the bid opening date. That representative will confirm receipt of a bidder’s questions by e-mail. The Schools will answer all written questions by issuing one or more addenda, which shall be a part of this Invitation to Bid and the resulting Contract, containing all questions received as provided for above and decisions regarding same. -3- At least four (4) calendar days prior to bid opening, the Schools will post any addenda on the School’s website on the Central Office, Management Services page under “Bids and Requests for Bids (RFPs)”, at www.cheshire.k12.ct.us/managementserv. Each bidder is responsible for checking the website to determine if the Schools have issued any addenda and, if so, to complete its bid in accordance with the Invitation to Bid as modified by the addenda. No oral statement of the Schools, including oral statements by the Schools representatives listed above, shall be effective to waive, change or otherwise modify any of the provisions of this Invitation to Bid, and no bidder shall rely on any alleged oral statement. 7. ADDITIONAL INFORMATION The Schools reserves the right, either before or after the opening of bids, to ask any bidder to clarify its bid or to submit additional information that the Schools in its sole discretion deems desirable. 8. COSTS FOR PREPARING BID Each bidder’s costs incurred in developing its bid are its sole responsibility, and the Schools shall have no liability for such costs. 9. OWNERSHIP OF BIDS All bids submitted become the School’s property and will not be returned to bidders. 10. FREEDOM OF INFORMATION ACT All information submitted in a bid or in response to a request for additional information is subject to disclosure under the Connecticut Freedom of Information Act as amended and judicially interpreted. A bidder’s responses may contain financial, trade secret or other data that it claims should not be public (the “Confidential Information”). A bidder must identify specifically the pages and portions of its bid or additional information that contain the claimed Confidential Information by visibly marking all such pages and portions. Provided that the bidder cooperates with the Schools as described in this section, the Schools shall, to the extent permitted by law, protect from unauthorized disclosure such Confidential Information. If the Schools receive a request for a bidder’s Confidential Information, it will promptly notify the bidder in writing of such request and provide the bidder with a copy of any written disclosure request. The bidder may provide written consent to the disclosure, or may object to the disclosure by notifying the Schools in writing to withhold disclosure of the information, identifying in the notice the basis for its objection, including the statutory exemption(s) from disclosure. The bidder shall be responsible for defending any complaint brought in connection with the nondisclosure, including but not only appearing before the Freedom of Information Commission, and providing witnesses and documents as appropriate. 11. REQUIRED DISCLOSURES In its Bid Form each bidder must disclose, if applicable: • • Its inability or unwillingness to meet any requirement of this Invitation to Bid, including but not only any of the Contract Terms contained in Section 27, below; If it is listed on the State of Connecticut’s Debarment List; -4- • • • • If it is ineligible, pursuant to Conn. Gen. Stat. § 31-57b, to be awarded the Contract because of occupational safety and health law violations; All resolved and pending arbitrations and litigation matters in which the bidder or any of its principals (regardless of place of employment) has been involved within the last ten (10) years; All criminal proceedings in which the bidder or any of its principals (regardless of place of employment) has ever been the subject; and Each instance in which it or any of its principals (regardless of place of employment) has ever been found to have violated any state or local ethics law, regulation, ordinance, code, policy or standard, or to have committed any other offense arising out of the submission of bids or bids or the performance of work on public works projects or contracts. A bidder’s acceptability based on these disclosures lies solely in the School’s discretion. 12. REFERENCES Each bidder must complete and submit the Bidder’s Statement of References form included in this Invitation to Bid. 13. LEGAL STATUS If a bidder is a corporation, limited liability company, or other business entity that is required to register with the Connecticut Secretary of the State’s Office, it must have a current registration on file with that office. The Schools may, in its sole discretion, request acceptable evidence of any bidder’s legal status. 14. BID SECURITY Each bid must be accompanied by a certified check of the bidder or a bid bond with a surety acceptable to the Schools in an amount equal to at least TEN PERCENT (10%) of the bid amount. The bid bond shall be written by a company or companies licensed to issue bonds in the State of Connecticut, which company or companies shall have at least an “A-” VIII policyholders rating as reported in the latest edition of Best Publication’s Key Rating Guide. The successful bidder, upon its refusal or failure to execute and deliver the Contract, certificate(s) of insurance, W-9 form, performance security or other documents required by this Invitation to Bid within ten (10) business days of written notification of preliminary award, unless the Schools otherwise agrees in writing, shall forfeit to the Schools, as liquidated damages for such failure or refusal, the security submitted with its bid. Upon the successful bidder’s execution of the Contract in the form enclosed with this Invitation to Bid, the Schools shall return the bid security to the successful bidder and to all other bidders. 15. PRESUMPTION OF BIDDER’S FULL KNOWLEDGE Each bidder is responsible for having read and understood each document in this Invitation to Bid and any addenda issued by the Schools. A bidder’s failure to have reviewed all information that is part of or applicable to this Invitation to Bid, including but not only any addenda posted on the School’s website, shall in no way relieve it from any aspect of its bid or the obligations related thereto. Each bidder is deemed to be familiar with and is required to comply with all federal, state and local laws, regulations, ordinances, codes and orders that in any manner relate to this Invitation to Bid or the -5- performance of the work described herein. By submitting a bid, each bidder represents that it has thoroughly examined and become familiar with the scope of work outlined in this Invitation to Bid, and it is capable of performing the work to achieve the School’s objectives. If applicable, each bidder shall visit the site, examine the areas and thoroughly familiarize itself with all conditions of the property before preparing its bid. 16. SUBSTITUTION FOR NAME BRANDS The bidder must attach detailed information concerning deviations from any name brands specified in the RFP and explain in detail how the substitution compares with the name brand’s specifications. The Town in its sole discretion shall decide whether the substitution is acceptable. 17. TAX EXEMPTIONS The Schools are exempt from state sales and use tax per Conn. Gen. Stat. § 12-412. Bidders shall avail themselves of this exemption. 18. INSURANCE The successful bidder shall, at its own expense and cost, obtain and keep in force at least the insurance listed in the Insurance Requirements that are a part of this Invitation to Bid. The Schools reserves the right to request from the successful bidder a complete, certified copy of any required insurance policy. 19. PERFORMANCE SECURITY The successful proposer shall furnish a performance bond covering the faithful performance of the Contract (the “Performance Security”). The Performance Security shall be in an amount equal to the contract price and in a form reasonably acceptable to the Town. The performance bond shall be issued by a company licensed by the State of Connecticut that has at least an “A-” VIII policyholders rating according to Best Publication’s latest edition Key Rating Guide.” The cost of the Performance Security shall be included in the proposal price. In addition to the Performance Security, the successful proposer shall furnish a bond covering the successful proposer’s payment to its subcontractors and suppliers of all obligations arising under the Contract (the “Payment Bond”). The Payment Bond shall be (a) in the full amount of the Contract price; (b) in a form reasonably acceptable to the Town; and (c) issued by a company licensed by the State of Connecticut that has at least an “A-” VIII policyholders rating according to Best Publication’s latest edition Key Rating Guide. The cost of the Payment Bond shall be included in the proposal price. 20. DELIVERY ARRANGEMENTS Not Applicable. 21. AWARD CRITERIA; SELECTION; CONTRACT EXECUTION All bids will be publicly opened and read aloud as received on the date, at the time, and at the place identified in this Invitation to Bid. Bidders may be present at the opening. The Schools reserve the right to correct, after bidder verification, any mistake in a bid that is a clerical error, such as a price extension, decimal point error or FOB terms. If an error exists in an extension of -6- prices, the unit price shall prevail. In the event of a discrepancy between the price quoted in words and in figures, the words shall control. The Schools reserve the rights to accept all or any part of a bid, reject all bids, and waive any informalities or non-material deficiencies in a bid. The Schools also reserve the right, if applicable, to award the purchase of individual items under this Invitation to Bid to any combination of separate bids or bidders. The Schools will accept the bid that, all things considered, the Schools determine is in its best interests. Although price will be an important factor in most Invitation to Bids, it will not be the only basis for award. Due consideration may also be given to the overall solution proposed, technical specifications and merits of the proposed solution, a bidder’s experience, references, service, ability to respond promptly to requests, past performance, and other criteria relevant to the School’s interests, including compliance with the procedural requirements stated in this Invitation to Bid. The Schools will not award the bid to any business or person who is in arrears or in default to the Schools with regard to any tax, debt, contract, security or any other obligation. If the lowest bidder meets all specifications, is responsive, and, if applicable, qualified, but the bid is not acceptable to the Schools Manager or, if applicable, the Board of Education or the Town of Cheshire, the matter must be referred to the Schools Counsel for its decision on whether to reject all bids, to accept a higher bid, or to take such other action as may be in the School’s best interests. The Schools will select the bid that it deems to be in the School’s best interest and issue a Preliminary Notice of Award to the successful bidder. The award may be subject to further discussions with the bidder. The making of a preliminary award to a bidder does not provide the bidder with any rights and does not impose upon the Schools any obligations. The Schools are free to withdraw a preliminary award at any time and for any reason. A bidder has rights, and the Schools have obligations, only if and when a Contract is executed by the Schools and the bidder. If the bidder does not execute the Contract within ten (10) business days of the date of the Preliminary Notice of Award, unless extended by the Schools, the Schools may call any bid security provided by the bidder and may enter into discussions with another bidder. The Preliminary Notice of Award and Contract Execution dates in Section 3’s Key Dates are anticipated, not certain, dates. 22. CONSTRUCTION PERIOD Not Applicable. 23. AFFIRMATIVE ACTION, AND EQUAL OPPORTUNITY Each bidder must submit a completed Bidder’s Certification Concerning Equal Employment Opportunities and Affirmative Action Policy form included with this Invitation to Bid. Bidders with fewer than ten (10) employees should indicate that fact on the form and return the form with their bids. 24. NONRESIDENT REAL PROPERTY CONTRACTORS Not Applicable. -7- 25. COMPLIANCE WITH IMMIGRATION LAWS By submitting a bid, each bidder confirms that it has complied, and during the term of the Contract will comply, with the Immigration Reform and Control Act (“IRCA”) and that each person it provides under the Contract will at all times be authorized for employment in the United States of America. Each bidder confirms that it has a properly completed Employment Eligibility Verification, Form I-9, for each person who will be assigned under the Contract and that it will require each subcontractor, if any, to confirm that it has a properly completed Form I-9 for each person who will be assigned under the Contract. The successful bidder shall defend, indemnify, and hold harmless the Schools, its employees, officers, officials, agents, volunteers and independent contractors, including any of the foregoing sued as individuals (collectively, the “Schools Indemnified Parties”), against any and all proceedings, suits, actions, claims, damages, injuries, awards, judgments, losses or expenses, including fines, penalties, punitive damages, attorney’s fees and costs, brought or assessed against, or incurred by, the Schools Indemnified Parties related to or arising from the obligations under IRCA imposed upon the successful bidder or its subcontractor. The successful bidder shall also be required to pay any and all attorney’s fees and costs incurred by the Schools Indemnified Parties in enforcing any of the successful bidder’s obligations under this provision, whether or not a lawsuit or other proceeding is commenced, which obligations shall survive the termination or expiration of the Contract. 26. NON COLLUSION AFFIDAVIT Each bidder shall submit a completed Bidder’s Non Collusion Affidavit that is part of this Invitation to Bid. 27. CONTRACT TERMS The following provisions will be mandatory terms of the School’s Contract with the successful bidder. If a bidder is unwilling or unable to meet any of these Contract Terms, the bidder must disclose that inability or unwillingness in its Bid Form (see Section 11 of these Standard Instructions to Bidders): a. DEFENSE, HOLD HARMLESS AND INDEMNIFICATION The successful bidder agrees, to the fullest extent permitted by law, to defend, indemnify, and hold harmless the Schools, its employees, officers, officials, agents, volunteers and independent contractors, including any of the foregoing sued as individuals (collectively, the “Schools Indemnified Parties”), from and against all proceedings, suits, actions, claims, damages, injuries, awards, judgments, losses or expenses, including attorney’s fees, arising out of or relating, directly or indirectly, to the successful bidder’s malfeasance, misconduct, negligence or failure to meet its obligations under the Invitation to Bid or the Contract. The successful bidder’s obligations under this section shall not be limited in any way by any limitation on the amount or type of the successful bidder’s insurance. Nothing in this section shall obligate the successful bidder to indemnify the Schools Indemnified Parties against liability for damage arising out of bodily injury to persons or damage to property caused by or resulting from the negligence of the Schools Indemnified Parties. In any and all claims against the Schools Indemnified Parties made or brought by any employee of the successful bidder, or anyone directly or indirectly employed or contracted with by the successful bidder, or anyone for whose acts or omissions the successful bidder is or may be -8- liable, the successful bidder’s obligations under this section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by the successful bidder under workers’ compensation acts, disability benefit acts, or other employee benefits acts. The successful bidder shall also be required to pay any and all attorney’s fees incurred by the Schools Indemnified Parties in enforcing any of the successful bidder’s obligations under this section, which obligations shall survive the termination or expiration of this Invitation to Bid and the Contract. As a municipal agency of the State of Connecticut, the Schools will NOT defend, indemnify, or hold harmless the successful bidder. b. ADVERTISING The successful bidder shall not name the Schools in its advertising, news releases, or promotional efforts without the School’s prior written approval. If it chooses, the successful bidder may list the Schools in a Statement of References or similar document required as part of its response to a public procurement. The School’s permission to the successful bidder to do so is not a statement about the quality of the successful bidder’s work or the School’s endorsement of the successful bidder. c. W-9 FORM The successful bidder must provide the Schools with a completed W-9 form before Contract execution. d. PAYMENTS Bidders are encouraged to offer discounts for early payment. All other payments are to be made thirty (30) days after the appropriate Schools employee receives and approves the invoice, unless otherwise specified in the Specifications. Conn. Gen. Stat. § 49-41a(a) requires that, for construction contracts exceeding One Hundred Thousand Dollars ($100,000), the contractor (1) promptly pay its subcontractors or suppliers within thirty (30) days of receipt of payment from the Owner, and (2) include in its subcontracts a requirement that the subcontractor promptly pay its sub-subcontractors and suppliers within thirty (30) days of receipt of payment from the general contractor. Further, Conn. Gen. Stat. § 49-41a(b) requires that, for such contracts, each payment requisition be accompanied by “a statement showing the status of all pending construction change orders, other pending change directives and approved changes to the original contract or subcontract.” The statement “shall identify the pending construction change orders and other pending change directives, and shall include the date such change orders and directives were initiated, the costs associated with their performance and a description of any work completed.” “In each of its contracts with subcontractors or materials suppliers, the successful bidder shall agree to pay any amounts due for labor performed or materials furnished not later than thirty (30) days after the date the successful bidder receives payment from the Schools that encompasses the labor performed or materials furnished by such subcontractor or material supplier. The successful bidder shall also require in each of its contracts with subcontractors -9- that such subcontractor shall, within thirty (30) days of receipt of payment from the successful bidder, pay any amounts due any sub-subcontractor or material supplier, whether for labor performed or materials furnished. Each payment application or invoice shall be accompanied by a statement showing the status of all pending change orders, pending change directives and approved changes to the Contract. Such statement shall identify the pending change orders and pending change directives, and shall include the date such change orders and change directives were initiated, additional cost and/or time associated with their performance and a description of any work completed. The successful bidder shall require each of its subcontractors and suppliers to include a similar statement with each of their payment applications or invoices”. e. SCHOOLS INSPECTION OF WORK The Schools may inspect the successful bidder’s work at all reasonable times. This right of inspection is solely for the School’s benefit and does not transfer to the Schools the responsibility for discovering patent or latent defects. The successful bidder has the sole and exclusive responsibility for performing in accordance with the Contract. f. REJECTED WORK OR MATERIALS The successful bidder, at its sole cost and expense, shall remove from the School’s property rejected items, commodities and/or work within 48 hours of the School’s notice of rejection. Immediate removal may be required when safety or health issues are present. g. MAINTENANCE AND AVAILABILITY OF RECORDS The successful bidder shall maintain all records related to the work described in the Invitation to Bid for a period of five (5) years after final payment under the Contract or until all pending Schools, state and federal audits are completed, whichever is later. Such records shall be available for examination and audit by Schools, state and federal representatives during that time. h. SUBCONTRACTING Prior to entering into any subcontract agreement(s) for the work described in the Contract, the successful bidder shall provide the Schools with written notice of the identity (full legal name, street address, mailing address (if different from street address), and telephone number) of each proposed subcontractor. The Schools shall have the right to object to any proposed subcontractor by providing the successful bidder with written notice thereof within seven (7) business days of receipt of all required information about the proposed subcontractor. If the Schools objects to a proposed subcontractor, the successful bidder shall not use that subcontractor for any portion of the work described in the Contract. All permitted subcontracting shall be subject to the same terms and conditions as are applicable to the successful bidder. The successful bidder shall remain fully and solely liable and responsible to the Schools for performance of the work described in the Contract. The successful bidder also agrees to promptly pay each of its subcontractors within thirty (30) days of receipt of payment from the Schools or otherwise in accordance with law. The successful bidder shall assure compliance with all requirements of the Contract. The successful bidder - 10 - shall also be fully and solely responsible to the Schools for the acts and omissions of its subcontractors and of persons employed, whether directly or indirectly, by its subcontractor(s). i. PREVAILING WAGES State law may require that wages paid on an hourly basis to any person performing the work of any mechanic, laborer or worker under the Contract and the amount of payment or contribution paid or payable on behalf of each such person to any employee welfare fund, as defined in Conn. Gen. Stat. § 31-53, as amended, shall be at a rate equal to the rate customary or prevailing for the same work in the same trade or occupation in the Town. A successful proposer who is not obligated by agreement to make payment or contribution on behalf of such persons to any such employee welfare fund shall pay to each mechanic, laborer or worker as part of such person's wages the amount of payment or contribution for such person's classification on each pay day. Upon Contract award, the successful proposer must certify under oath to the State Labor Commissioner the pay scale to be used by the successful proposer and its subcontractors. j. PREFERENCES The successful bidder shall comply with the requirements of Conn. Gen. Stat. § 31-52(b), as amended. Specifically, the successful bidder agrees that in the employment of labor to perform the work under the Contract, preference shall be given to citizens of the United States who are, and have been continuously for at least three (3) months prior to the date of the Contract, residents of the labor market area (as established by the State of Connecticut Labor Commissioner) in which such work is to be done, and if no such qualified person is available, then to citizens who have continuously resided in New Haven County for at least three (3) months prior to the date hereof, and then to citizens of the State who have continuously resided in the State at least three (3) months prior to the date of the Contract. k. WORKERS COMPENSATION Prior to Contract execution, the Schools will require the tentative successful bidder to provide a current statement from the State Treasurer that, to the best of her knowledge and belief, as of the date of the statement, the tentative successful bidder was not liable to the State for any workers’ compensation payments made pursuant to Conn. Gen. Stat. § 31-355. l. SAFETY Not Applicable. m. COMPLIANCE WITH LAWS The successful bidder shall comply with all applicable laws, regulations, ordinances, codes and orders of the United States, the State of Connecticut and the Schools related to its bid and the performance of the work described in the Contract. n. LICENSES AND PERMITS The successful bidder certifies that, throughout the Contract term, it shall have and provide proof of all approvals, permits and licenses required by the Schools and/or any state or federal - 11 - authority. The successful bidder shall immediately and in writing notify the Schools of the loss or suspension of any such approval, permit or license. o. AMENDMENTS The Contract may not be altered or amended except by the written agreement of both parties. p. ENTIRE AGREEMENT It is expressly understood and agreed that the Contract contains the entire agreement between the parties, and that the parties are not, and shall not be, bound by any stipulations, representations, agreements or promises, oral or otherwise, not printed or inserted in the Contract or its attached exhibits. q. VALIDITY The invalidity of one or more of the phrases, sentences or clauses contained in the Contract shall not affect the remaining portions so long as the material purposes of the Contract can be determined and effectuated. r. CONNECTICUT LAW AND COURTS The Contract shall be governed by and construed in accordance with the internal laws (as opposed to the conflicts of law provisions) of the State of Connecticut, and the parties irrevocably submit in any suit, action or proceeding arising out of the Contract to the jurisdiction of the United States District Court for the District of Connecticut or of any court of the State of Connecticut, as applicable. s. NON-EMPLOYMENT RELATIONSHIP The Schools and the successful bidder are independent parties. Nothing contained in the Contract shall create, or be construed or deemed as creating, the relationships of principal and agent, partnership, joint venture, employer and employee, and/or any relationship other than that of independent parties contracting with each other solely for the purpose of carrying out the terms and conditions of the Contract. The successful bidder understands and agrees that it is not entitled to employee benefits, including but not limited to workers compensation and employment insurance coverage, and disability. The successful bidder shall be solely responsible for any applicable taxes. END OF STANDARD INSTRUCTIONS TO BIDDERS - 12 - CHESHIRE PUBLIC SCHOOLS, CONNECTICUT INVITATION TO BID ON WEST GYM FLOOR REPLACMENT AT CHESHIRE HIGH SCHOOL BID #1314-20 AB INSURANCE REQUIREMENTS The successful bidder agrees to maintain in force at all times during the Contract the following coverages placed with company(ies) licensed by the State of Connecticut which have at least an “A-” VIII policyholders rating according to Best Publication’s latest edition Key Rating Guide. (Minimum Limits) 1,000,000 2,000,000 2,000,000 General Liability Each Occurrence General Aggregate Products/Completed Operations Aggregate Auto Liability Combined Single Limit Each Accident $1,000,000 Each Occurrence Aggregate $1,000,000 $1,000,000 Umbrella (Excess Liability) If any policy is written on a “Claims Made” basis, the policy must be continually renewed for a minimum of two (2) years from the completion date of the Contract. If the policy is replaced and/or the retroactive date is changed, then the expiring policy must be endorsed to extend the reporting period for claims for the policy in effect during the Contract for two (2) years from the completion date. Workers’ Compensation and Employer’s Liability WC Statutory Limits EL Each Accident EL Disease Each Employee EL Disease Policy Limit $100,000 $100,000 $500,000 Original, completed Certificates of Insurance must be presented to the Schools prior to Contract execution. The successful bidder agrees to provide replacement/renewal certificates at least sixty (60) days prior to the expiration of the policy. Should any of the above described policies be cancelled before the expiration date, written notice must be given to the Schools thirty (30) days prior to cancellation. END OF INSURANCE REQUIREMENTS - 13 - CHESHIRE PUBLIC SCHOOLS, CONNECTICUT INVITATION TO BID ON WEST GYM FLOOR REPLACMENT AT CHESHIRE HIGH SCHOOL BID #1314-20 AB BID FORM BIDDER’S FULL LEGAL NAME: _______________________________________________ Pursuant to and in full compliance with the Invitation to Bid, the undersigned bidder, having visited the site or property if applicable, and having thoroughly examined each and every document comprising the Invitation to Bid, including any addenda, hereby offers and agrees as follows: To provide the products and/or services specified in, and upon the terms and conditions of, the Invitation to Bid for the total sum of /100 Dollars (write out in words) ($___________________). BID ALTERNATES The undersigned proposes to furnish all Labor, Materials, Equipment and Services necessary to construct the items listed in the Alternates described in Section 01030 for the stipulated sum of: ADD ALTERNATE NO. 1: Asbestos Abatement: Add to the Entire Project Base Bid a Total of: Dollars ($ .00) written figure The project schedule will be increased by _____ calendar days to complete the work indicated under Alternate 1. Addenda: The undersigned acknowledges receipt of the following addenda to the Contract Documents, listed by number and date: Number Number Number Number , Dated: , Dated: , Dated: , Dated: Exceptions: - 14 - ACKNOWLEDGEMENT In submitting this Bid Form, the undersigned bidder acknowledges that the price(s) include all labor, materials, transportation, hauling, overhead, fees and insurances, bonds or letters of credit, profit, security, permits and licenses, and all other costs to cover the completed work called for in the Invitation to Bid. Except as otherwise expressly stated in the Invitation to Bid, no additional payment of any kind will be made for work accomplished under the price(s) as proposed. REQUIRED DISCLOSURES 1. Exceptions to the Invitation to Bid ______ This bid does not take exception to any requirement of the Invitation to Bid, including but not only any of the Contract Terms set forth in Section 26 of the Standard Instructions to Bidders. OR ______ This bid takes exception(s) to certain of the Invitation to Bid requirements, including but not only the following Contract Terms set forth in Section 27 of the Standard Instructions to Bidders. Attached is a sheet fully describing each such exception. 2. State Debarment List Is the bidder on the State of Connecticut’s Debarment List? ______ ______ Yes No 3. Occupational Safety and Health Law Violations Has the bidder or any firm, corporation, partnership or association in which it has an interest (1) been cited for three (3) or more willful or serious violations of any occupational safety and health act or of any standard, order or regulation promulgated pursuant to such act, during the three-year period preceding the bid (provided such violations were cited in accordance with the provisions of any state occupational safety and health act or the Occupational Safety and Health Act of 1970, and not abated within the time fixed by the citation and such citation has not been set aside following appeal to the appropriate agency or court having jurisdiction) or (2) received one (1) or more criminal convictions related to the injury or death of any employee in the three-year period preceding the bid? ______ ______ Yes No If “yes,” attach a sheet fully describing each such matter. 4. Arbitration/Litigation Has either the bidder or any of its principals (regardless of place of employment) been involved for the most recent ten (10) years in any resolved or pending arbitration or litigation? ______ Yes - 15 - ______ No If “yes,” attach a sheet fully describing each such matter. 5. Criminal Proceedings Has the bidder or any of its principals (regardless of place of employment) ever been the subject of any criminal proceedings? ______ ______ Yes No If “yes,” attach a sheet fully describing each such matter. 6. Ethics and Offenses in Public Projects or Contracts Has either the bidder or any of its principals (regardless of place of employment) ever been found to have violated any state or local ethics law, regulation, ordinance, code, policy or standard, or to have committed any other offense arising out of the submission of a bid or bids or the performance of work on public works projects or contracts? ______ ______ Yes No If “yes,” attach a sheet fully describing each such matter. BID SECURITY I/we have included herein the required certified check or bid bond in the amount of ten percent (10%) of the bid amount. NOTE: THIS DOCUMENT, IN ORDER TO BE CONSIDERED A VALID BID, MUST BE SIGNED BY A PRINCIPAL OFFICER OR OWNER OF THE BUSINESS ENTITY THAT IS SUBMITTING THE BID. SUCH SIGNATURE CONSTITUTES THE BIDDER’S REPRESENTATIONS THAT IT HAS READ, UNDERSTOOD AND FULLY ACCEPTED EACH AND EVERY PROVISION OF EACH DOCUMENT COMPROMISING THE INVITATION TO BID, UNLESS AN EXCEPTION IS DESCRIBED ABOVE. BY TITLE: (PRINT NAME) DATE: (SIGNATURE) END OF BID FORM - 16 - CHESHIRE PUBLIC SCHOOLS, CONNECTICUT INVITATION TO BID ON WEST GYM FLOOR REPLACMENT AT CHESHIRE HIGH SCHOOL BID #1314-20 AB BIDDER’S LEGAL STATUS DISCLOSURE Please fully complete the applicable section below, attaching a separate sheet if you need additional space. For purposes of this disclosure, “permanent place of business” means an office continuously maintained, occupied and used by the bidder’s regular employees regularly in attendance to carry on the bidder’s business in the bidder’s own name. An office maintained, occupied and used by a bidder only for the duration of a contract will not be considered a permanent place of business. An office maintained, occupied and used by a person affiliated with a bidder will not be considered a permanent place of business of the bidder. IF A SOLELY OWNED BUSINESS: Bidder’s Full Legal Name Street Address Mailing Address (if different from Street Address) Owner’s Full Legal Name Number of years engaged in business under sole proprietor or trade name Does the bidder have a “permanent place of business” in Connecticut, as defined above? ________ Yes ________ No If yes, please state the full street address (not a post office box) of that “permanent place of business.” IF A CORPORATION: Bidder’s Full Legal Name Street Address Mailing Address (if different from Street Address) Owner’s Full Legal Name Number of years engaged in business Names of Current Officers President Secretary Chief Financial Officer Does the bidder have a “permanent place of business” in Connecticut, as defined above? ________ Yes ________ No - 17 - If yes, please state the full street address (not a post office box) of that “permanent place of business.” IF A LIMITED LIABILITY COMPANY: Bidder’s Full Legal Name Street Address Mailing Address (if different from Street Address) Owner’s Full Legal Name Number of years engaged in business Names of Current Manager(s) and Member(s) Name & Title (if any) Residential Address (street only) Name & Title (if any) Residential Address (street only) Name & Title (if any) Residential Address (street only) Name & Title (if any) Residential Address (street only) Name & Title (if any) Residential Address (street only) Does the bidder have a “permanent place of business” in Connecticut, as defined above? ________ Yes ________ No If yes, please state the full street address (not a post office box) of that “permanent place of business.” IF A PARTNERSHIP: Bidder’s Full Legal Name Street Address Mailing Address (if different from Street Address) Owner’s Full Legal Name Number of years engaged in business Names of Current Partners Name & Title (if any) Residential Address (street only) Name & Title (if any) Residential Address (street only) - 18 - Name & Title (if any) Residential Address (street only) Name & Title (if any) Residential Address (street only) Name & Title (if any) Residential Address (street only) Does the bidder have a “permanent place of business” in Connecticut, as defined above? ________ Yes ________ No If yes, please state the full street address (not a post office box) of that “permanent place of business.” ************************************************************************************* Bidder’s Full Legal Name (print) Name and Title of Bidder’s Authorized Representative (signature) Bidder’s Representative, Duly Authorized Date END OF LEGAL STATUS DISCLOSURE FORM - 19 - CHESHIRE PUBLIC SCHOOLS, CONNECTICUT INVITATION TO BID ON WEST GYM FLOOR REPLACMENT AT CHESHIRE HIGH SCHOOL BID #1314-20 AB BIDDER’S CERTIFICATION Concerning Equal Employment Opportunities And Affirmative Action Policy I/we, the bidder, certify that: 1) I/we are in compliance with the equal opportunity clause as set forth in Connecticut state law (Executive Order No. Three, http://www.cslib.org/exeorder3.htm). 2) I/we do not maintain segregated facilities. 3) I/we have filed all required employer's information reports. 4) I/we have developed and maintain written affirmative action programs. 5) I/we list job openings with federal and state employment services. 6) I/we attempt to employ and advance in employment qualified handicapped individuals. 7) I/we are in compliance with the Americans with Disabilities Act. 8) I/we (check one): ______ have an Affirmative Action Program, or ______ employ 10 people or fewer. Legal Name of Bidder (signature) Bidder’s Representative, Duly Authorized Name of Bidder’s Authorized Representative Title of Bidder’s Authorized Representative Date END OF BIDDER’S CERTIFICATION FORM - 20 - CHESHIRE PUBLIC SCHOOLS, CONNECTICUT INVITATION TO BID ON WEST GYM FLOOR REPLACMENT AT CHESHIRE HIGH SCHOOL BID #1314-20 AB BIDDER’S NON COLLUSION AFFIDAVIT The undersigned bidder, having fully informed himself/herself/itself regarding the accuracy of the statements made herein, certifies that: (1) (2) (3) (4) the bid is genuine; it is not a collusive or sham bid; the bidder developed the bid independently and submitted it without collusion with, and without any agreement, understanding, communication or planned common course of action with, any other person or entity designed to limit independent competition; the bidder, its employees and agents have not communicated the contents of the bid to any person not an employee or agent of the bidder and will not communicate the bid to any such person prior to the official opening of the bid; and no elected or appointed official or other officer or employee of the Cheshire Public Schools is directly or indirectly interested in the bidder’s bid, or in the supplies, materials, equipment, work or labor to which it relates, or in any of the profits thereof. The undersigned bidder further certifies that this affidavit is executed for the purpose of inducing the Cheshire Public Schools to consider its bid and make an award in accordance therewith. Legal Name of Bidder (signature) Bidder’s Representative, Duly Authorized Name of Bidder’s Authorized Representative Title of Bidder’s Authorized Representative Date Subscribed and sworn to before me this _______ day of _____________________, 20___. Notary Public My Commission Expires: END OF BIDDER’S NON COLLUSION AFFIDAVIT - 21 - CHESHIRE PUBLIC SCHOOLS, CONNECTICUT INVITATION TO BID ON WEST GYM FLOOR REPLACMENT AT CHESHIRE HIGH SCHOOL BID #1314-20 AB BIDDER’S STATEMENT OF REFERENCES Provide at least three (3) references: 1. BUSINESS NAME ADDRESS CITY, STATE TELEPHONE INDIVIDUAL CONTACT NAME AND POSITION 2. BUSINESS NAME ADDRESS CITY, STATE TELEPHONE INDIVIDUAL CONTACT NAME AND POSITION 3. BUSINESS NAME ADDRESS CITY, STATE TELEPHONE INDIVIDUAL CONTACT NAME AND POSITION END OF STATEMENT OF REFERENCES - 22 - CHESHIRE PUBLIC SCHOOLS, CONNECTICUT INVITATION TO BID ON WEST GYM FLOOR REPLACMENT AT CHESHIRE HIGH SCHOOL BID #1314-20 AB FORM OF CONTRACT This Contract is made as of the _____ day of _________, 20___ (the “Effective Date”), by and between the Cheshire Public Schools, 29 Main Street, Cheshire, Connecticut, a municipal corporation organized and existing under the laws of the State of Connecticut (the “Schools”), and [name and address of successful bidder] (the “Contracting Party”). RECITALS: WHEREAS, the Schools has issued an INVITATION TO BID ON Construction of a Storage Building (the “Invitation to Bid”), a copy of which, along with any addenda, is attached as Exhibit A; WHEREAS, the Contracting Party submitted a bid to the Schools dated _________________ (the “Invitation to Bid”), a copy of which is attached as Exhibit B; WHEREAS, the Schools has selected the Contracting Party to perform the Work (as defined in Section 1 below); and WHEREAS, the Schools and the Contracting Party desire to enter into a formal contract for the performance of the Work. NOW THEREFORE, in consideration of the recitals set forth above and the parties’ mutual promises and obligations contained below, the parties agree as follows: 1. Work: The Contracting Party agrees to perform the Work described more fully in the attached Exhibits A and B (collectively, the “Work”). The Contracting Party also agrees to comply with all of the terms and conditions set forth herein and in the Invitation to Bid including but not only all of the terms set forth in Section 26 (the “Contract Terms”) of the Standard Instructions to Bidders. 2. Term: 3. Contract Includes Exhibits; Order of Construction: The Contract includes the Invitation to Bid (Exhibit A) and the Bid (Exhibit B), which are made a part hereof. In the event of a conflict or inconsistency between or among this document, the Invitation to Bid and the Bid, this document shall have the highest priority, the Invitation to Bid the second priority, and the Bid the third priority. 4. Price and Payment: 5. Right to Terminate – If the Contracting Party’s fails to comply with any of the terms, provisions or conditions of the Contract, including the exhibits, the Schools shall have the right, in addition to all other available remedies, to declare the Contract in default and, therefore, to terminate it and to resubmit the subject matter of the Contract to further public procurement. In that event, the Contracting Party shall pay the Schools, as liquidated damages, the amount of any excess of the price of the new contract over the Contract price provided for herein, plus any legal or other - 23 - costs or expenses incurred by the Schools in terminating this Contract and securing a new contracting party. 6. No Waiver or Estoppel – Either party’s failure to insist upon the strict performance by the other of any of the terms, provisions and conditions of the Contract shall not be a waiver or create an estoppel. Notwithstanding any such failure, each party shall have the right thereafter to insist upon the other party’s strict performance, and neither party shall be relieved of such obligation because of the other party’s failure to comply with or otherwise to enforce or to seek to enforce any of the terms, provisions and conditions hereof. 7. Notice – Any notices provided for hereunder shall be given to the parties in writing (which may be hardcopy, facsimile, or e-mail) at their respective addresses set forth below: If to the Schools: Vincent J. Masciana Director of Management Services 29 Main Street, Cheshire, CT 06410 fax 203.250.2438 e-mail: vmasciana@cheshire.k12.ct.us 8. Execution - This Contract may be executed in one or more counterparts, each of which shall be considered an original instrument, but all of which shall be considered one and the same agreement, and shall become binding when one or more counterparts have been signed by each of the parties hereto and delivered (including delivery by facsimile) to each of the parties. IN WITNESS THEREOF, the parties have executed this contract as of the last date signed below. CHESHIRE PUBLIC SCHOOLS By Greg J. Florio Superintendent of Schools Date: [CONTRACTING PARTY LEGAL NAME] By Its _____________, Duly Authorized Date: - 24 - ® TM AIA Document A201 – 2007 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) «» « » THE OWNER: (Name, legal status and address) « »« » « » THE ARCHITECT: (Name, legal status and address) « »« » « » TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT 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 15 CLAIMS AND DISPUTES ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 1 INDEX (Topics and numbers in bold are section headings.) 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 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.4.2, 13.7, 14.1, 15.2 Addenda 1.1.1, 3.11 Additional Costs, Claims for 3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3, 15.1.4 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.5 Additional Insured 11.1.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.5 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8, 7.3.8 All-risk Insurance 11.3.1, 11.3.1.1 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7, 9.10, 11.1.3 Approvals 2.1.1, 2.2.2, 2.4, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10, 4.2.7, 9.3.2, 13.5.1 Arbitration 8.3.1, 11.3.10, 13.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.4, 3.12.7, 4.1, 4.2, 5.2, 6.3, 7.1.2, 7.3.7, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 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, 5.2.1, 7.4, 9.4.2, 9.5.3, 9.6.4, 15.1.3, 15.2 Architect’s Additional Services and Expenses 2.4, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 Architect’s Administration of the Contract 3.1.3, 4.2, 3.7.4, 15.2, 9.4.1, 9.5 Architect’s Approvals 2.4, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect’s Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect’s Copyright 1.1.7, 1.5 Architect’s Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.5.2, 15.2, 15.3 Architect’s Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5 Architect’s Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.5.2 Architect’s Interpretations 4.2.11, 4.2.12 Architect’s Project Representative 4.2.10 Architect’s Relationship with Contractor 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 4.2, 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, 11.3.7, 12, 13.4.2, 13.5, 15.2 Architect’s Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3.7 Architect’s Representations 9.4.2, 9.5.1, 9.10.1 Architect’s Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 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, 5.2.1, 11.4.1 Binding Dispute Resolution 9.7, 11.3.9, 11.3.10, 13.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.4.1 Boiler and Machinery Insurance 11.3.2 Bonds, Lien 7.3.7.4, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4 AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 2 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.3 Certificates of Inspection, Testing or Approval 13.5.4 Certificates of Insurance 9.10.2, 11.1.3 Change Orders 1.1.1, 2.4, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.6, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2, 15.1.3 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.1, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1, 11.3.9 Claims, Definition of 15.1.1 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.7.4, 6.1.1, 7.3.9, 10.3.2, 15.1.4 Claims for Additional Time 3.2.4, 3.7.4, 6.1.1, 8.3.2, 10.3.2, 15.1.5 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Claims Subject to Arbitration 15.3.1, 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.3.1, 11.3.6, 11.4.1, 15.1.4 Commencement of the Work, Definition of 8.1.2 Communications Facilitating Contract Administration 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 13.7, 14.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 13.7 Compliance with Laws 1.6, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2 Consolidation or Joinder 15.4.4 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, 3.4.2, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor’s 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.3 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 11.3.9, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.2.5, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 3.7.4, 3.8, 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, 11.3.1, 14.2.4, 14.3.2, 15.1.4, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 3.7.4, 3.7.5, 3.10.2, 5.2.3, 7.2.1.3, 7.3.1, 7.3.5, 7.4, 8.1.1, 8.2.1, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2, 15.1.5.1, 15.2.5 Contract Time, Definition of 8.1.1 AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 3 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor’s Construction Schedules 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 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, 11.1.1, 11.3.7, 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, 11.3.7, 12.1.2, 12.2.4 Contractor’s Relationship with Subcontractors 1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2, 11.3.1.2, 11.3.7, 11.3.8 Contractor’s Relationship with the Architect 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.3, 4.2, 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, 11.3.7, 12, 13.5, 15.1.2, 15.2.1 Contractor’s Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor’s Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor’s Review of Contract Documents 3.2 Contractor’s Right to Stop the Work 9.7 Contractor’s Right to Terminate the Contract 14.1, 15.1.6 Contractor’s Submittals 3.10, 3.11, 3.12.4, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.4.2 Contractor’s Superintendent 3.9, 10.2.6 Contractor’s Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3 Contractual Liability Insurance 11.1.1.8, 11.2 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.2.5, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.7 Costs 2.4, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.7, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 11.3.1, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 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 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 15.2, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 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, 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 Definitions 1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 15.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2, 11.1.2 Emergencies 10.4, 14.1.1.2, 15.1.4 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, 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 4 Equipment, Labor, Materials or 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.5, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner’s 2.2.1, 13.2.2, 14.1.1.4 Fire and Extended Coverage Insurance 11.3.1.1 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, 11.3.7 Information and Services Required of the Owner 2.1.2, 2.2, 3.2.2, 3.12.4, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.2, 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.2, 14.2.4, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.5 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.5.2 Instruments of Service, Definition of 1.1.7 Insurance 3.18.1, 6.1.1, 7.3.7, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 11 Insurance, Boiler and Machinery 11.3.2 Insurance, Contractor’s Liability 11.1 Insurance, Effective Date of 8.2.2, 11.1.2 Insurance, Loss of Use 11.3.3 Insurance, Owner’s Liability 11.2 Insurance, Property 10.2.5, 11.3 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13, 7.4 Interest 13.6 Interpretation 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1 Interpretations, Written 4.2.11, 4.2.12, 15.1.4 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 13.7, 15.4.1.1 Limitations of Liability 2.3, 3.2.2, 3.5, 3.12.10, 3.17, 3.18.1, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 10.2.5, 10.3.3, 11.1.2, 11.2, 11.3.7, 12.2.5, 13.4.2 Limitations of Time 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.3.1.5, 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15 Loss of Use Insurance 11.3.3 AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 5 Material Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 1.5.1, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic’s Lien 2.1.2, 15.2.8 Mediation 8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1 Minor Changes in the Work 1.1.1, 3.12.8, 4.2.8, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2, 11.3.1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.3, 2.4, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Notice 2.2.1, 2.3, 2.4, 3.2.4, 3.3.1, 3.7.2, 3.12.9, 5.2.1, 9.7, 9.10, 10.2.2, 11.1.3, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 14.1, 14.2, 15.2.8, 15.4.1 Notice, Written 2.3, 2.4, 3.3.1, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1, 13.3, 14, 15.2.8, 15.4.1 Notice of Claims 3.7.4, 10.2.8, 15.1.2, 15.4 Notice of Testing and Inspections 13.5.1, 13.5.2 Observations, Contractor’s 3.2, 3.7.4 Occupancy 2.2.2, 9.6.6, 9.8, 11.3.1.5 Orders, Written 1.1.1, 2.3, 3.9.2, 7, 8.2.2, 11.3.9, 12.1, 12.2.2.1, 13.5.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Information and Services Required of the 2.1.2, 2.2, 3.2.2, 3.12.10, 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, 11.3, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Owner’s Authority 1.5, 2.1.1, 2.3, 2.4, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.1.3, 4.2.4, 4.2.9, 5.2.1, 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, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner’s Financial Capability 2.2.1, 13.2.2, 14.1.1.4 Owner’s Liability Insurance 11.2 Owner’s Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner’s Right to Carry Out the Work 2.4, 14.2.2 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, 1.1.6, 1.1.7, 1.5, 2.2.5, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9, 11.3.1.5 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 12.3, 13.7, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.7.4, 9.6.7, 9.10.3, 11.4 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 PAYMENTS AND COMPLETION 9 AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 6 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.7.4, 9.6.7, 9.10.3, 11.4 Permits, Fees, Notices and Compliance with Laws 2.2.2, 3.7, 3.13, 7.3.7.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.3 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.3 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 15.2.8, 15.4 Rejection of Work 3.5, 4.2.6, 12.2.1 Releases and Waivers of Liens 9.10.2 Representations 3.2.1, 3.5, 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, 4.2.2, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 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, 9.2, 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, 3.7.4, 3.15.2, 4.2.6, 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, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 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 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 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 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.4.2, 9.10.1, 13.5 Site Visits, Architect’s 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing 4.2.6, 12.2.1, 13.5 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.11, 3.12.10, 3.17, 4.2.14 Statute of Limitations 13.7, 15.4.1.1 Stopping the Work 2.3, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 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 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 7 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3.7 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 13.7 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 4.1.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub-subcontractor, Definition of 5.1.2 Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.7, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.3 Surety 5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7 Surety, Consent of 9.10.2, 9.10.3 Surveys 2.2.3 Suspension by the Owner for Convenience 14.3 Suspension of the Work 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.7.4 Termination by the Contractor 14.1, 15.1.6 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.6 Termination by the Owner for Convenience 14.4 Termination of the Architect 4.1.3 Termination of the Contractor 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 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, 10.3.2, 11.4.1, 12.2.1, 13.5 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5 Time Limits 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 12.2, 13.5, 13.7, 14, 15.1.2, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 13.7, 15.1.2 Title to Work 9.3.2, 9.3.3 Transmission of Data in Digital Form 1.6 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 7.3.4 Use of Documents 1.1.1, 1.5, 2.2.5, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.4.2 Waiver of Claims by the Contractor 9.10.5, 13.4.2, 15.1.6 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6 Waiver of Consequential Damages 14.2.4, 15.1.6 Waiver of Liens 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3.7 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7 Weather Delays 15.1.5.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 8 Written Notice 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 14, 15.4.1 Written Orders 1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, 13.5.2, 14.3.1, 15.1.2 AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 9 ARTICLE 1 GENERAL PROVISIONS § 1.1 BASIC DEFINITIONS § 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or proposal, or portions of Addenda relating to bidding requirements. § 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 modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect’s consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, (3) between the Owner and the Architect or the Architect’s consultants or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect’s duties. § 1.1.3 THE WORK The term “Work” means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by separate contractors. § 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. § 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 INSTRUMENTS OF SERVICE Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect’s consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 INITIAL DECISION MAKER The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2. § 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 10 § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 CAPITALIZATION Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. § 1.4 INTERPRETATION In the interest of brevity the Contract Documents frequently omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 1.5.1 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect’s or Architect’s consultants’ reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect’s consultants. § 1.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. ARTICLE 2 OWNER § 2.1 GENERAL § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner’s approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term “Owner” means the Owner or the Owner’s authorized representative. § 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic’s lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner’s interest therein. § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 11 the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the Contractor’s written request for such information or services. § 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.3 OWNER’S RIGHT TO STOP THE WORK If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.4 OWNER’S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate 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. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR § 3.1 GENERAL § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term “Contractor” means the Contractor or the Contractor’s authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect’s administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 12 § 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, 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 coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, 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, 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 to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.4 LABOR AND MATERIALS § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 13 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. § 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.6 TAXES The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.7 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend 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 promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Architect’s determination or recommendation, that party may proceed as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 14 the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. § 3.8 ALLOWANCES § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 SUPERINTENDENT § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the name and qualifications of a proposed superintendent. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to the proposed superintendent or (2) that the Architect requires additional time to review. Failure of the Architect to reply within the 14 day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner’s consent, which shall not unreasonably be withheld or delayed. § 3.10 CONTRACTOR’S CONSTRUCTION SCHEDULES § 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner’s and Architect’s information a Contractor’s construction schedule for the Work. The schedule shall not exceed time limits current under the Contract 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 a submittal schedule, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect’s approval. The Architect’s approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor’s construction schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 15 § 3.11 DOCUMENTS AND SAMPLES AT THE SITE The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES § 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect’s approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect’s approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice, the Architect’s approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 16 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 and approvals performed or provided 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 Section 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 and design criteria specified in the Contract Documents. § 3.13 USE OF SITE The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.14 CUTTING AND PATCHING § 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. 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 keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor’s tools, construction equipment, machinery and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and Owner shall be entitled to reimbursement from the Contractor. § 3.16 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. § 3.17 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for 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 reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 17 § 3.18 INDEMNIFICATION § 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 4 ARCHITECT § 4.1 GENERAL § 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. § 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a successor architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 4.2 ADMINISTRATION OF THE CONTRACT § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner’s representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1. § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 18 § 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, 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. § 4.2.5 Based on the Architect’s evaluations of the Contractor’s Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect’s action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect’s professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect’s review of the Contractor’s submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Architect’s review shall not constitute approval of safety precautions or, 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. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect’s responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as 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 agreed upon or otherwise with reasonable promptness. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Architect’s decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 19 § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5 SUBCONTRACTORS § 5.1 DEFINITIONS § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term “Subcontractor” is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term “Subcontractor” does not include a separate contractor or subcontractors of a separate contractor. § 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term “Sub-subcontractor” is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Subsubcontractor. § 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK § 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 the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply within the 14-day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 SUBCONTRACTUAL RELATIONS By appropriate agreement, written where legally required for validity, 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 Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 20 be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. § 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and obligations under the subcontract. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor’s compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor’s obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 OWNER’S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 6.1.1 The 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 under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term “Contractor” in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner’s own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner’s own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. § 6.2 MUTUAL RESPONSIBILITY § 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor’s construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor’s Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect 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 AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 21 the Owner’s or separate contractor’s completed or partially completed construction is fit and proper to receive the Contractor’s Work, except as to defects not then reasonably discoverable. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor’s delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor’s delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. § 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 OWNER’S RIGHT TO CLEAN UP If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 GENERAL § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. § 7.2 CHANGE ORDERS § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. § 7.3 CONSTRUCTION CHANGE DIRECTIVES § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be 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 AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 22 .4 As provided in Section 7.3.7. § 7.3.4 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. § 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers’ compensation insurance; .2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 Additional costs of supervision and field office personnel directly attributable to the change. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect’s professional judgment, to be reasonably justified. The Architect’s interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 MINOR CHANGES IN THE WORK The Architect has authority 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 of the Contract Documents. Such changes will be effected by written order signed by the Architect and shall be binding on the Owner and Contractor. AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 23 ARTICLE 8 TIME § 8.1 DEFINITIONS § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term “day” as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 PROGRESS AND COMPLETION § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 DELAYS AND EXTENSIONS OF TIME § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or 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; or by delay authorized by the Owner pending mediation and arbitration; or by other causes that the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 CONTRACT SUM The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.2 SCHEDULE OF VALUES Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the Architect, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment. § 9.3 APPLICATIONS FOR PAYMENT § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. Such application shall be notarized, if required, and supported by such data substantiating the Contractor’s right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents. AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 24 § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. § 9.4 CERTIFICATES FOR PAYMENT § 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 Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect’s evaluation of the Work and the data comprising the Application for Payment, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. 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 (1) made exhaustive or continuous onsite inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 DECISIONS TO WITHHOLD CERTIFICATION § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect’s opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 25 .3 .4 .5 .6 .7 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; damage to the Owner or a separate contractor; reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.3 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Architect will reflect such payment on the next Certificate for Payment. § 9.6 PROGRESS PAYMENTS § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. § 9.6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. 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 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 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 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 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days’ written notice to the Owner and Architect, AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 26 stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided for in the Contract Documents. § 9.8 SUBSTANTIAL COMPLETION § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor’s list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect’s inspection discloses any item, whether or not included on the Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, 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 such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 FINAL COMPLETION AND FINAL PAYMENT § 9.10.1 Upon receipt of the Contractor’s 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 AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 27 Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect’s knowledge, information and belief, and on the basis of the Architect’s on-site visits and inspections, the Work has been completed in accordance with 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 a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor’s being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect 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 that the Contractor knows of no substantial reason that the insurance will not be renewable to 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 furnish 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. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. § 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 § 10.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 SAFETY OF PERSONS AND PROPERTY § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor’s Subcontractors or Subsubcontractors; 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. AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 28 § 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. § 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying 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. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 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, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 HAZARDOUS MATERIALS § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. § 10.3.2 Upon receipt of the Contractor’s written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor’s reasonable additional costs of shut-down, delay and start-up. AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 29 § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect’s consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor’s fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. § 10.4 EMERGENCIES In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 CONTRACTOR’S LIABILITY INSURANCE § 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor’s operations and completed operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 Claims under workers’ compensation, disability benefit and other similar employee benefit acts that are applicable to the Work to be performed; .2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor’s employees; .3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor’s employees; .4 Claims for damages insured by usual personal injury liability coverage; .5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 Claims for bodily injury or property damage arising out of completed operations; and .8 Claims involving contractual liability insurance applicable to the Contractor’s obligations under Section 3.18. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to the Contractor’s completed operations coverage, until the expiration of the period for correction AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 30 of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. § 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness. § 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1) the Owner, the Architect and the Architect’s consultants as additional insureds for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s completed operations. § 11.2 OWNER’S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance. § 11.3 PROPERTY INSURANCE § 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder’s risk “all-risk” or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Subsubcontractors in the Project. § 11.3.1.1 Property insurance shall be on an “all-risk” or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect’s and Contractor’s services and expenses required as a result of such insured loss. § 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance that will protect the interests of the Contractor, Subcontractors and Sub-subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto. § 11.3.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. § 11.3.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit. § 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 31 otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. § 11.3.2 BOILER AND MACHINERY INSURANCE The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11.3.3 LOSS OF USE INSURANCE The Owner, at the Owner’s option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner’s property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner’s property, including consequential losses due to fire or other hazards however caused. § 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. § 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section 11.3.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. § 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days’ prior written notice has been given to the Contractor. § 11.3.7 WAIVERS OF SUBROGATION The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, subsubcontractors, agents and employees, each of the other, and (2) the Architect, Architect’s consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub-subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect’s consultants, separate contractors described in Article 6, if any, and the subcontractors, subsubcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 11.3.8 A loss insured under the Owner’s property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. § 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner’s duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 32 Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. § 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner’s exercise of this power; if such objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or, in the case of a dispute over distribution of insurance proceeds, in accordance with the directions of the arbitrators. § 11.4 PERFORMANCE BOND AND PAYMENT BOND § 11.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. § 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 UNCOVERING OF WORK § 12.1.1 If a portion of the Work is covered contrary to the Architect’s request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner’s expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of 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 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect’s services and expenses made necessary thereby, shall be at the Contractor’s expense. § 12.2.2 AFTER SUBSTANTIAL COMPLETION § 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4. AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 33 § 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor’s correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work. § 12.3 ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4. § 13.2 SUCCESSORS AND ASSIGNS § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. § 13.3 WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual, to 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 or by courier service providing proof of delivery to, the last business address known to the party giving notice. § 13.4 RIGHTS AND REMEDIES § 13.4.1 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. § 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 34 § 13.5 TESTS AND INSPECTIONS § 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 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 Section 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.5.3, shall be at the Owner’s expense. § 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect’s services and expenses shall be at the Contractor’s expense. § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. § 13.5.5 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 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 or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. § 13.7 TIME LIMITS ON CLAIMS The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 TERMINATION BY THE CONTRACTOR § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; An act of government, such as a declaration of national emergency that requires all Work to be .2 stopped; AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 35 .3 .4 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or The Owner has failed to furnish to the Contractor promptly, upon the Contractor’s request, reasonable evidence as required by Section 2.2.1. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’ written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days’ written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 TERMINATION BY THE OWNER FOR CAUSE § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if any, seven days’ written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. § 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 36 § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause. § 14.4.2 Upon receipt of 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. § 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. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 CLAIMS § 15.1.1 DEFINITION A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term “Claim” also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. § 15.1.2 NOTICE OF CLAIMS Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3 CONTINUING CONTRACT PERFORMANCE Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker. § 15.1.4 CLAIMS FOR ADDITIONAL COST If the Contractor wishes to make a Claim for an increase in the Contract Sum, 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 Section 10.4. § 15.1.5 CLAIMS FOR ADDITIONAL TIME § 15.1.5.1 If the Contractor wishes to make a 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. § 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 37 § 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 INITIAL DECISION § 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker’s sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner’s expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may, within 30 days from the date of an initial decision, demand in writing that the other party file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 38 § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 MEDIATION § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 15.3.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.4 ARBITRATION § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 15.4.4 CONSOLIDATION OR JOINDER § 15.4.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 39 additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Contractor under this Agreement. AIA Document A201™ – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:27:20 on 11/18/2013 under Order No.5741005110_1 which expires on 11/21/2014, and is not for resale. User Notes: (1197102458) 40 SUPPLEMENTARY GENERAL CONDITIONS GENERAL CONDITIONS The Work of this Contract shall be subject to the American Institute of Architects Document A201, "General Conditions of the Contract for Construction", herein referred to as the General Conditions. SUPPLEMENTARY CONDITIONS The supplementary Conditions contain changes and additions to the General Conditions. Where any part of the General Conditions is modified or voided by the Supplementary Conditions, the remaining unaltered provisions shall remain in effect. ARTICLE 1 Make the following changes: 1.1.3 Add the following: Asbestos material encountered in the existing structure of the Project, and its treatment or removal is a part of the Work. The disposition of such material will be the responsibility of the Contractor. The Contractor shall be required to take appropriate precautions for Workers performing tasks in asbestos environments, ie. Basements, pipe tunnels, etc. 1.2.3 Add the following: When applied to materials and equipment required for the Work, the words "furnish", "install" and "provide" shall mean the following: .1 .2 .3 .4 .5 .6 The word "provide" shall mean to furnish, pay for, deliver, install, adjust, clean and otherwise make materials and equipment fit and ready for their intended use. The word "furnish" shall mean to secure, pay for, deliver to site, unload and uncrate materials and equipment. The word "install" shall mean to place in position, incorporate in the work, adjust, clean, make fit and ready for use and perform all services except those included under the term "furnish". The phrase "furnish and install" shall be equivalent to the word "provide". Each shall be interpreted to mean "the Contractor shall furnish all labor, material and equipment and install....". “As required" shall mean as required to produce a fully completed project or result to the satisfaction of the Architect. In the event of conflicts or discrepancies among the Contract Documents, interpretations will be based on the following order of priorities: .1 .2 .3 .4 .5 .6 .7 Modifications. The Agreement. Addenda, with those of later date having precedence over those of earlier date. The Supplementary General Conditions of the Contract for Construction. The General Conditions of the Contract for Construction. Drawings Specifications In addition to the foregoing order of priorities, the Contractor expressly understands and agrees that stated dimensions shall take precedence over the Drawings, large-scale detail drawings shall take precedence over small-scale detail Cheshire High School Gym Floor Replacement SGC-1 SUPPLEMENTARY GENERAL CONDITIONS .7 .8 .9 drawings, and schedules shall take precedence over other data on the Drawings. In case of a difference between Drawings or Specifications or within either document itself in describing the Work, the better quality, greater quantity or more costly work will be assumed to be and shall be included in the Contract price. The Contractor shall not proceed with such work until the Architect has been contacted for clarification and proper direction. Instructions or specifications of a particular manufacturer as referred to herein shall be binding as a part of this Specification. Obtain such written instructions and maintain on the job with the Specification. Schedules of materials in various sections of the Specifications are furnished to assist the Contractor. Contractor shall verify the schedules with the Drawings and shall provide any additional materials indicated on the Drawings but not included in the schedules. The greater quantity or highest quality will govern. Add the following: 1.2.4 All work shown or referred to in the Contract Documents shall be included in the Contract excepting those items which are specifically noted as being "provided under another contract" or "provided by the Owner"; or "not in contract (NIC)". 1.2.5 Parties to the Contract shall not take advantage of obvious error or apparent discrepancy in Contract Documents. Notice of discovered error or discrepancy shall immediately be given in writing to the Architect to make such corrections and interpretations as he may deem necessary for completion of the work in a satisfactory and acceptable manner. 1.6.2 Contractor shall be furnished up to three (3) sets of Contract Drawings and Specifications, and two (2) copies of each drawing which is issued after the date of the Contract. The Contractor shall pay costs of reproduction for any additional copies of Drawings or Specifications he requires. ARTICLE 2 Make the following changes: 2.4 Replace the first sentence with the following: If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) day period after receipt of written notice from the Owner to begin and prosecute correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. ARTICLE 3 Make the following changes: Add the following: 3.1.4 The Contractor shall not proceed with any Work not clearly and consistently defined in detail in the Contract Documents, but shall request additional drawings or instructions from the Architect. If the Contractor proceeds with such Work without obtaining further drawings or instructions, he shall correct Work incorrectly done at his own expense. 3.2.5 The Drawings are generally drawn to scale, however the figured dimensions or notes thereon shall govern. Before ordering any materials or doing any work, the Contractor Cheshire High School Gym Floor Replacement SGC-2 SUPPLEMENTARY GENERAL CONDITIONS and each Subcontractor shall verify all relevant measurements at the building. No extra charge or compensation will be allowed on account of differences between actual measurements and the dimensions indicated on the Drawings. Any differences which may be found shall be reported in writing to the Architect and the Owner’s representative for consideration before proceeding with the Work. If a difference is found with respect to the Drawings the Contractor shall seek instruction from the Owner before proceeding with the applicable work. If the Contractor proceeds with such work without obtaining such instruction, the Contractor shall correct any work incorrectly performed at its own expense. 3.3.4 The Contractor shall employ a competent superintendent on the Project, who shall be subject to the approval of the Owner, such approval not to be unreasonably withheld. Said superintendent shall supervise the Work during the construction and shall not be removed or replaced by the Contractor without the Owner’s prior written approval, such approval not to be unreasonably withheld. 3.3.5 The Contractor shall arrange for and attend job meetings with the Architect and such other persons as the Architect may from time to time wish to have present. The Contractor shall be represented by a principal, project manager, general superintendent or other authorized main office representative, as well as by the Contractor’s own superintendent. An authorized representative of any Subcontractor or Sub-subcontractor shall attend such meetings if the representative’s presence is requested by the Architect. Such representatives shall be empowered to make binding commitments on all matters to be discussed at such meetings, including costs, payments, change orders, time schedules and manpower. Any notices required under the Contract may be served on such representatives. 3.4.3 Amend to include the following: All workers shall be properly attired at all times on the job site including shirt, shorts or pants in good condition and without any political or offcolor messages consistent with school policies. Add the following: 3.4.4 Should the Contractor wish to substitute another product or method for products or methods specified or shown in the Contract Documents, whether specified or shown in Contract Documents, whether or not such phrases as "equal to" or "based on" are used, he shall apply in writing in approval. He shall enclose such data as Architect requires to evaluate products. The Architect's decision shall be final. Contractor is responsible for space requirements of substitutions, he shall execute necessary changes in adjacent and relocated situations, he shall execute necessary changed in adjacent and relocated work which are due to such substitutions, without additional cost and he shall be responsible for delays required for evaluation of proposed substitutions. 3.5.1.1 Project Warranty: Unless otherwise specified, Contractor shall warrant (guaranty) all work against defects resulting from the use of material, workmanship or equipment which is inferior, defective or not in accordance with the terms of the Contract. This warranty, unless stated otherwise in a given section of the Specifications, shall be for a period of one year from the date of issuance of the Certificate of Substantial Completion for the Project. Cheshire High School Gym Floor Replacement SGC-3 SUPPLEMENTARY GENERAL CONDITIONS .2 .3 .4 Specified Product Warranty: Issued by a manufacturer or fabricator for compliance with requirements of the Contract Documents. Refer to sections of Specifications for requirements of specified warranties. Coincidental Product Warranty: Available on a product incorporated into the work, by virtue of manufacturer's publication of warranty without regard for application requirement, a non-specified warranty. Contractor shall identify such warranties as they apply. Warranty Obligations .1 .2 .3 .4 .5 .6 .7 .5 .6 3.6 Contractor shall restore or remove-and-replace warranted work to its originally specified condition, at such time during warranty as it does not comply with or fulfill terns of warranty. Contractors shall restore or remove-and-replace other work which has been damaged by failure or warranted work, or which must be removed and replaced to gain access to warranted work. Cost of restoration or removal-and-replacement is Contractor's obligation, without regard to whether Owner has already benefited from use of failing work. Except as otherwise indicated or required by governing regulations, warranties do not cover consequential damage to property other than the Work of the Contract. Upon restoration or removal-and-replacement of warranted work which has failed, Contractor shall reinstate the warranty by issuing newly executed form, for at least the remaining period of time of the original warranty, but for not less than half of the original warranty period. Warranties and warranty periods shall not diminish implied warranties, and shall not deprive Owner of actions, rights and remedies otherwise available if the Contractor fails to fulfill the requirements of the Contract Documents. Owner reserves the right to reject coincidental product warranties which conflict with or are less than the requirements of the Contract Documents. Contractor shall furnish fully executed warranties to Owner in accordance with the General Conditions and Section 01740. Contractor agrees to deliver and assign to the Owner as a condition precedent to Substantial Completion of the Work any and all manufacturer’s warranties relating to materials, equipment, and labor used in the Work and further agrees to perform the Work in such manner so as to preserve any and all such manufacturer’s warranties. Amend to include the following: No amount shall be included in the bid for State Sales Tax or for Federal Excise Tax on materials or supplies purchased for this project. The Owner will supply tax exempt number. 3.7.1 Amend to include the following: The Contractor shall pay costs charged by utility companies for service connections, inspections and tests, and related utility company fees normally assessed as part of the construction process. Cheshire High School Gym Floor Replacement SGC-4 SUPPLEMENTARY GENERAL CONDITIONS Add the following: 3.7.6 The Town will forgive or not charge any fees for permits issued by it or its agents except for fees required to be collected and remitted to the State or Federal Government. Contractor will include and pay all utility permits and charges as well as any permit fees charged by any other governmental agency. 3.10.1 Replace in the first sentence “information” to read “approval”. 3.11 Amend to include the following: Contractor shall mark up the record drawings with “record information” in a legible manner to show: (i) deviations from the Drawings made during construction; (ii) details in the Work not previously shown; (iii) changes to existing conditions or existing conditions found to differ from those shown on any existing drawings; (iv) the actual installed position of equipment, piping, conduits, electric fixtures, circuiting ducts, dampers, access panels, control valves, drains, openings, and stub-outs; and (v) such other information as either Owner or Architect may reasonably request. Contractor shall deliver all Record Drawings to Owner as a condition precedent to Substantial Completion of the Work. Add the following: 3.15.3 The Contractor shall provide all project cleaning and removal of materials, along with protection of the work and existing conditions. In the event of a dispute between the Owner and the Contractor concerning rubbish and orderliness on the site, the Owner may have the rubbish removed and charge the cost to the Contractor. Upon written notification from the Architect that the project requires cleaning, the Contractor shall within twenty-four (24) hours remove all rubbish and hazards from the project and shall arrange his material and equipment in an orderly manner on the site. If this cleaning is not completed within twenty-four (24) hours, the Owner may engage labor to clean up the projects to his satisfaction and deduct the costs from any monies due the Contractor. 3.15.4 All removed materials and rubbish shall be sprinkled with water or other dusting agent to mitigate dust. Provide drop cloths or other type of coverings to prevent infiltration of dust to other parts of the existing building. 3.18.3 The Contractor shall indemnify and hold harmless the Owner from and against any costs and expenses (including reasonable attorneys' fees) incurred by the Owner in enforcing any of the Contractor's defense, indemnity, and hold-harmless obligations under this Contract. ARTICLE 4 Add the following: 4.3 The provisions of Article 15 notwithstanding, the Contractor expressly agrees to joinder in arbitration proceedings between Owner/Architect upon specific written request of the Owner. This agreement shall be valid with the Architect's acceptance of an equal provision in their respective contracts. Cheshire High School Gym Floor Replacement SGC-5 SUPPLEMENTARY GENERAL CONDITIONS ARTICLE 5 Make the following changes: 5.4.2 Replace to read as follows: Subsequent to the Owner's acceptance of any such Subcontract Agreements, the Owner may reassign such Subcontract to a competing surety or Contractor. ARTICLE 7 Make the following changes: 7.1.3 Amend to include the following: Except as provided in paragraph 7.3, a change in the Contract Sum or the Contract Time shall be accomplished only by Change Order. Accordingly, no course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that the Owner has been unjustly enriched by any alteration of or addition to the Work shall be the basis of any claim to an increase in any amounts due under the Contract Documents or a change in any time period provided in the Contract Documents. Add the following: 7.1.4 Any request by the Contractor for an increase in the Contract Sum or Contract Time under this Article 7 must be submitted in writing to both the Owner and the Architect within twenty one (21) days of the discovery of the event giving rise to the request and shall be accompanied by documentation substantiating the requested increase in the Contract Sum or Contract Time. Any such request shall be itemized completely and in detail and shall include, at a minimum, material costs and quantities, labor wages, time, insurance, pensions and equipment rental other than small tools, the number of additional calendar days, if any, which are required to complete the Work. Where unit prices have been established, any such request shall also state the quantity of materials involved and the applicable unit price. 7.1.5 Contractor expressly understands and agrees that, in any arbitration or litigation arising out of this Contract, it hereby waives the right to recover damages for any items that were not made the subject of a written request for an increase in the Contract Sum or Contract Time pursuant to this Article 7. 7.2.2 The Contractor's proposal for changes in the Work shall be itemized completely and in detail and shall include material costs and quantities, labor wages, time, insurance, pensions and equipment rental other than small tools, and the number of additional calendar days, if any, which are required to complete the Work. Where unit prices have been established, the proposal shall state the quantity involved and the applicable unit price. 7.2.3 Agreement on any Change Order shall constitute a final settlement of all matters relating to the change in the Work that is the subject of the Change Order, including, but not limited to, all direct and indirect costs associated with such change and any and all adjustments to the Contract Sum and the Contract Time. Cheshire High School Gym Floor Replacement SGC-6 SUPPLEMENTARY GENERAL CONDITIONS 7.5 ALLOWANCE FOR OVERHEAD AND PROFIT 7.5.1 The allowance for overhead and profit is compensation for administration, superintendence, materials for temporary structures, additional premiums on bonds and the use of small tools. 7.5.2 For additions, deletions or other changes in the Work ordered under method 7.3.3.3, the Contractor may apply an allowance of up to fifteen percent (15%) for profit and overhead to the net cost of the work actually performed by him. 7.5.3 Work to be performed by a subcontractor may include an allowance for the subcontractor's overhead and profit not to exceed fifteen percent (15%) of the net cost. The Contractor is permitted up to a ten percent (10%) allowance to be applied against the net cost to a subcontractor. In no case shall the total allowance exceed twenty-five percent (25%) of the net cost of work performed by the subcontractor. 7.5.4 The Contractor's allowance of up to ten percent (10%) on changes involving more than one (1) subcontractor shall be applied only to the combined net of cost additions and deductions of all subcontractors. 7.5.5 There shall be no allowance for overhead and profit for the Contractor or any subcontractor on changes resulting in a net deduction. 7.5.6 The provisions of this Article shall apply only to subcontractors as defined in Article 5. Allowance for overhead and profit will be accepted only for those who are direct subcontractors. ARTICLE 8 Make the following changes: 8.3.3 Revise to read as follows: Notwithstanding anything to the contrary in the Contract Documents, an extension of the Contract Time shall be the sole remedy of the Contractor and Contractor shall not be entitled to recover any damages for any (1) delay in the commencement, prosecution or completion of the work, (2) hindrance or obstruction in the performance of the work, (3) loss of productivity, or (4) other similar claims of delay, provided however, that the foregoing limitation shall not apply if the delay is caused by the active interference or bad faith of the Owner. Add the following: 8.3.4 By way of illustration and not limitation, in addition to the foregoing and to all other express provisions in the Contract Documents, the following are types of delay which could occur and are contemplated by the parties. .1 .2 .3 .4 .5 delay caused by change orders; delays caused by the bankruptcy or insolvency of one or more Subcontractors, material suppliers or other contractors; delays caused by changes necessitated by changes in laws or regulations; unavailability or shortage of building materials; job site theft; Cheshire High School Gym Floor Replacement SGC-7 SUPPLEMENTARY GENERAL CONDITIONS .6 .7 .8 .9 .10 .11 weather conditions; failure of one or more Subcontractors, material suppliers or other contractors to perform; vandalism or natural disaster requiring reconstruction; dispute resolution delays; design delays; delays related to hazardous substances. 8.3.5 No extension of time will be allowed for adverse weather conditions unless the number of days of inclement weather is substantially greater or conditions substantially more severe than the average for the calendar period as recorded by a recognized weather observation agency. ARTICLE 9 Make the following changes: 9.3.1 Revise “ten days” to read “five (5) days”. Add the following: 9.3.1.3 During progress of the Work, the Owner will pay Contractor ninety-five percent (95%) of the total amount of each monthly payment due. The remaining five percent (5%) will be retained by the Owner until the Project is substantially completed. There will be no further reduction considered until final acceptance of the Project in accordance with the Contract Documents. 9.3.2 Amend to include the following: If the Contractor does not submit evidence of payment to vendor for material and equipment stored, the Architect will recommend deduction of the amount previously allowed for the items stored from the current or subsequent Application for Payment. Add the following: 9.3.2.1 Contractor may include in Application for Payment the delivered cost of equipment and non-perishable materials delivered and stored at the site but not incorporated in the work, work under the following conditions: .1 .2 .3 Items to be protected from fire, theft, vandalism, weather and other damage. Storage procedures and areas to be approved. Items to be available at all times for inspection by the Owner and Architect. 9.3.4 Contractor shall furnish with Application for Payment an invoice establishing value of material and equipment stored at the site along with a statement of amount to be paid the vendor. .1 .2 Such stored items are subject to inspection by Architect before payment is recommended. Contractor shall furnish Owner with Certificate of Insurance in accordance with Contract Documents for the full value of the items stored at the site. Cheshire High School Gym Floor Replacement SGC-8 SUPPLEMENTARY GENERAL CONDITIONS 9.6.2.1 Contractor shall furnish Architect with satisfactory evidence of payment to vendors supplying material and equipment for approved storage. Satisfactory evidence of payment shall be one (1) of the following: .1 .2 .3 Contractor's canceled check in correct amount with identification of invoices paid. A letter or telegram from vendor with authorized signature stating amounts and invoices paid. A receipted invoice. 9.6.7.1 Payment for material and equipment delivered and stored shall not relieve Contractor of responsibility for furnishing equipment and material required for the work in the same manner as if such payment were not made. 9.8.1 Amend to include the following: and any work remaining can be completed within thirty (30) days and will not materially interfere with use and occupancy. As a condition precedent to Substantial Completion, the Contractor will assemble and deliver to the Owner (1) all maintenance and operating manuals; (2) marked sets of field record drawings and specifications reflecting as-built conditions; (3) reproducible Mylar drawings reflecting the location of any concealed utilities, mechanical or electrical systems and components; (4) any special guaranties or warranties required by the Contract Documents; (5) all guaranties and warranties from subcontractors, vendors, suppliers or manufacturers; (6) a list of the names, addresses and telephone numbers of all subcontractors and any other persons providing guarantees or warranties; (7) a permanent Certificate of Occupancy; (8) Operating permits for any mechanical equipment; and (9) any other permits, approvals, licenses, and other documents from any governmental authority having jurisdiction thereof necessary for the beneficial use and occupancy of the Project. 9.10.2 Amend to include the following after “(5)”: a statement in a form satisfactory to the Owner that in consideration of all prior payments and of final payment, the Contractor releases and forever discharges the Owner from all claims, demands, obligations and liabilities of every kind arising out of or relating to the Contract other than those claims specifically enumerated in the statement, and (6), Add the following: 9.10.4.4 faulty or defective work appearing after Substantial Completion; or .5 failure of Contractor to complete the Work within the Contract Time. 9.10.6 A prerequisite to final payment shall be that the Contractor furnish proof that he has completed all specification requirements covering the following item as applicable: Warranties. Cheshire High School Gym Floor Replacement SGC-9 SUPPLEMENTARY GENERAL CONDITIONS ARTICLE 10 Make the following changes: Add the following: 10.2.4.1 The Contractor shall not bring hazardous materials onto the site nor use in the Work without compliance with the following conditions. .2 The Contractor shall be solely responsible for the handling, storage, and use of explosive or other hazardous materials when their use is permitted. For such use, the Contractor shall obtain necessary permits form regulating agencies and submit copies of permits to the Architect for review before proceeding with use. .3 Contractor shall obtain insurance for use of hazardous material and furnish certificates of insurance in keeping with Conditions of the Contract. 10.2.8 Revise “21 days” to read “seven (7) days”. 10.3.3 Delete in its entirety. 10.3.4 Replace to read as follows: The Contractor will be solely responsible for compliance with laws and regulations governing the handling, storage, use or disposal of hazardous materials or wastes used, stored, generated, or disposed of in connection with construction of the Work, and shall obtain all permits and approvals, give all required notices, and observe all applicable procedures prescribed by the U.S. Environmental Protection Agency, the Connecticut Department of Environmental Protection, and other governmental authorities having jurisdiction with respect to such activities. At Owner’s request, Contractor shall furnish the Owner promptly with evidence satisfactory to Owner demonstrating the Contractor’s compliance with such procedures, the giving of such notices, and the issuance of such permits and approvals, and shall indemnify Owner and hold Owner harmless with respect to any loss, damage or liability resulting from Contractor’s failure to observe such procedures, give such notices, or obtain such permits and approvals. 10.3.6 Delete in its entirety. ARTICLE 11 Make the following changes: 11.1.1 Revise “authorized to do business in the jurisdiction in which the Project is located” to read “licensed to do business in Connecticut”. 11.3.1 Delete in its entirety. 11.3.2 Delete in its entirety. 11.3.3 Delete in its entirety. 11.3.4 Delete in its entirety. 11.3.5 Delete in its entirety. 11.3.6 Delete in its entirety. Cheshire High School Gym Floor Replacement SGC-10 SUPPLEMENTARY GENERAL CONDITIONS 11.3.8 Delete in its entirety. 11.3.9 Delete in its entirety. 11.3.10 Delete in its entirety. Add the following: 11.5 MISCELLANEOUS INSURANCE REQUIREMENTS 11.5.1 Insurance shall be carried with a company or companies licensed to do business in the State of Connecticut. 11.5.2 The Contractor shall not begin work until he has obtained all insurance as required, nor shall any subcontractor be permitted to commence work until he has obtained all insurance as required under the same provisions. Insurance shall be maintained throughout the life of the Contract. 11.5.2 It shall be the responsibility of the Contractor to obtain Certificates of Insurance from each subcontractor and to make certain that all coverage is maintained throughout the life of the Contract. 11.5.3 The Contractor, before commencing work, shall supply Owner with Certificates of Insurance evidencing compliance with the insurance requirements. Each certificate shall state that the insurance evidenced by such certificate will not be canceled or reduced without thirty (30) days prior written notice to the Contractor. 11.5.4 Each subcontractor, before commencing work, shall supply Owner with Certificates of Insurance evidencing compliance with the insurance requirements. Each certificate shall state that the insurance evidenced by such certificate will not be canceled or reduced without thirty (35) days prior written notice to the Contractor. 11.5.5 The Contractor shall maintain a file of Certificates of Insurance received from each subcontractor and provide Owner with copy of each certificate. 11.5.6 The Contractor shall furnish to the Owner copies of any endorsements subsequently issued amending coverage or limits. 11.5.7 With the exception of Workers’ Compensation Insurance, all insurance required under this Article 11 shall list the Owner as an additional insured, and shall be primary to any insurance carried by the Owner. 11.5.8 The Contractor shall require each Subcontractor to procure insurance reasonably satisfactory to the Owner and name the Owner as additional insured under the Subcontractor’s comprehensive general liability policy. 11.5.9 Insurance shall be provided as required in Bid Proposal Package. Cheshire High School Gym Floor Replacement SGC-11 SUPPLEMENTARY GENERAL CONDITIONS ARTICLE 12 Add the following: 12.2.1.2 Contractor’s obligation to correct Work that has been rejected by the Architect or that fails to conform with the requirements of the Contract Documents shall not be limited by the fact that the Owner has used or otherwise benefited from such work prior to its correction. .3 Upon completion of corrective work under this Article 12, Contractor shall take any and all steps required to reinstitute any applicable warranties for at least the remaining time period of the original warranty. ARTICLE 13 Make the following changes: 13.6 Delete in its entirety. ARTICLE 15 Make the following changes: 15.1.2 Amend to include the following: Failure to give such timely written notice will bar any claims by the Contractor. The Owner’s prior written consent to proceed with any Work for which the Contractor will claim it is entitled to additional compensation is a condition precedent to recovery for such work. Claims may also be reserved in writing within the time limits set forth in this Subparagraph 15.1.2. If a Claim is reserved, the Resolution of Claims and Disputes procedures described in Paragraph 15.2 shall not commence until a written notice from the claimant is received by the Architect. Any notice of Claim or reservation of Claim must clearly identify the alleged cause and the nature of the Claim and include date and information then available to the claimant that will facilitate prompt verification and evaluation of the Claim. 15.1.6 Delete in its entirety. Add the following: 15.3.1 .1 In addition to and prior to arbitration, the parties shall endeavor to settle disputes by mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. Demand for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. A demand for mediation shall be made within a reasonable time after the claim, dispute or other matter in w\question has arisen. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. .2 The provisions of Article 15 notwithstanding, the Contractor expressly agrees to joinder in mediation proceedings between Owner/Architect upon specific written request of the Owner. This agreement shall be valid with the Architect's acceptance of an equal provision in their respective contracts. 15.4 Replace to read as follows: Cheshire High School Gym Floor Replacement SGC-12 SUPPLEMENTARY GENERAL CONDITIONS 15.4.1 All references in the Contract Documents to arbitration are deleted. At the sole discretion of the Owner, any claim arising out of or related to the Contract, except those waived pursuant to Subparagraphs 4.3.10, 9.10.4 and 9.10.5, shall be decided either by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association or by litigation in the Courts of the State of Connecticut. As a condition precedent to arbitration or litigation, at the sole discretion of the Owner, the Contractor shall mediate any disputes with a mediator appointed by the American Arbitration Association or other mediator agreed to by the parties. 15.4.2 The Contractor agrees that any mediation, arbitration, judicial or other proceeding arising out of or relating to this Agreement or the Project may include, at the Owner’s option, by consolidation, joinder or in any other manner, additional persons or entities not a party to this Agreement. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. Add the following: ARTICLE 15 – ADDITIONAL PROVISIONS 15.1 FIELD OFFICE: The Contractor may provide and maintain a suitable field office at the site for his use, that of the Architect and others engaged on the project. Space will be available in the building for the Contractor's field office and storage of materials. If provided, the field office must be large enough for regular job meetings, plan review areas, submittal storage and other job file and administrative functions. 15.2 JOB TELEPHONE: The Contractor shall maintain at his expense a job telephone, not a "Pay Telephone". The job telephone shall be available to the Architect, the Owner's staff, Municipal Officials or Inspectors and all subcontractors. All calls shall be paid for by the Contractor. 15.3 TEMPORARY STORAGE SHEDS: The Contractor shall provide and maintain on the site, where directed by the Owner, watertight sheds for the storage of all materials which might be damaged by weather. These sheds shall be metal box storage units or have wood floors raised above the ground. 15.4 SANITARY FACILITIES: The Contractor shall provide his own sanitary facilities for the use of all persons employed on the project. The facility location shall be determined with the Owner and shall be kept in a sanitary condition by the Contractor at all times. 15.5 WATCHMAN: The employment of continuous watchman service to guard the property during any and all hours shall be at the discretion of the Contractor. However, the Contractor shall remove and restore all work or temporary structures damaged by fire, vandalism or similar acts at no extra cost to the Owner. 15.6 PROTECTION OF EXISTING UTILITIES AND SERVICES: The Contractor shall locate and mark the exact locations of the utilities or services and adequately protect them from damage during the work. In the event that any are accidentally disturbed, the Contractor shall repair or replace such damage immediately and restore service as promptly as possible. Cheshire High School Gym Floor Replacement SGC-13 SUPPLEMENTARY GENERAL CONDITIONS 15.7 POWER SERVICE: The Contractor shall be permitted to use the Owner's power service for work related to the project. The Contractor shall provide for the disconnection/removal of any temporary utility service. 15.8 OVERTIME: The Contractor must include within their base price all overtime, nights, holidays and weekends as required to meet the Project Completion date. END OF SECTION Cheshire High School Gym Floor Replacement SGC-14 VIA FROM CONTRACTOR: CHANGE ORDER SUMMARY Total changes approved in previous months by Owner Total approved this Month TOTALS NET CHANGES by Change Order ARCHITECT'S CERTIFICATE FOR PAYMENT ARCHITECT: By: Date: This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. AMOUNT CERTIFIED…………………………………………………… $0.00 (Attach explanation if amount certified differs from the amount applied. Initial all figures on this Application and on the Continuation Sheet that are changed to conform with the amount certified.) In accordance with the Contract Documents, based on on-site observations and the data comprising $0.00 this application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT $0.00 CERTIFIED. $0.00 ADDITIONS DEDUCTIONS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 6. TOTAL EARNED LESS RETAINAGE……………………………………………. (Line 4 Less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT……………………………….. (Line 6 from prior Certificate) 8. CURRENT PAYMENT DUE……………………………………………………… 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 less Line 6) $0.00 $0.00 My Commission expires: / Total Retainage (Lines 5a + 5b or Total in Column I of G703)…………………… / General Construction Distribution to: OWNER: ARCHITECT : CONTRACTOR: FIELD: : Application is made for payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Document G703, is attached. 1. ORIGINAL CONTRACT SUM……………………………………………………… 2. NET CHANGE BY CHANGE ORDERS……………………………………………… 3. CONTRACT SUM TO DATE (Line 1 ± 2) ……………………………………….. 4. TOTAL COMPLETED & STORED TO DATE (Column G on G703)………………. 5. RETAINAGE: a. 0 % of Completed Work $0.00 )= $0.00 (Column D + E on G703: b. 0 % of Stored Material (Column F on G703: $0.00 )= $0.00 PERIOD TO: CONTRACT FOR: CONTRACT DATE: PROJECT NOS: APPLICATION NO: The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current $0.00 payment shown herein is now due. $0.00 CONTRACTOR: $0.00 By: Date: $0.00 State of: County of: Subscribed and sworn to before day of me this Notary Public: CONTRACTOR'S APPLICATION FOR PAYMENT ARCHITECT: PROJECT: TO OWNER: Application and Certificate for Payment AIA® Document G702™ – 1992 1 GRAND TOTAL SCHEDULED VALUE DESCRIPTION OF WORK ITEM NO. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 C B A ARCHITECT'S PROJECT NO: PERIOD TO: APPLICATION DATE: APPLICATION NO: 0.00 0.00 0.00 0.00 0.00% G D E F WORK COMPLETED MATERIALS TOTAL % FROM PREVIOUS PRESENTLY COMPLETED AND THIS PERIOD APPLICATION STORED STORED TO DATE (G ÷ C) (D + E) (NOT IN D OR E) (D + E + F) 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00% 0 00 0.00 0 00 0.00 0 00 0.00 0 00 0.00 0 00% 0.00% 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00% AIA Document, G702TM–1992, Application and Certification for Payment, or G736TM–2009, Project Application and Project Certificate for Payment, Construction Manager as Adviser Edition, containing Contractor's signed certification is attached. In tabulations below, amounts are in US dollars. Use Column I on Contracts where variable retainage for line items may apply. Continuation Sheet AIA® Document G703™ – 1992 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 RETAINAGE (IF VARIABLE RATE) BALANCE TO FINISH (C - G) 0.00 0.00 0.00 0.00 0.00 0.00 0 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 I H 1 CONNECTICUT DEPARTMENT OF LABOR WAGE AND WORKPLACE STANDARDS DIVISION CONTRACTORS WAGE CERTIFICATION FORM Construction Manager at Risk/General Contractor/Prime Contractor of I, Officer, Owner, Authorized Rep. Company Name do hereby certify that the Company Name Street City and all of its subcontractors will pay all workers on the Project Name and Number Street and City the wages as listed in the schedule of prevailing rates required for such project (a copy of which is attached hereto). Signed Subscribed and sworn to before me this day of Notary Public Return to: Connecticut Department of Labor Wage & Workplace Standards Division 200 Folly Brook Blvd. Wethersfield, CT 06109 Rate Schedule Issued (Date): , . Project: Cheshire High School Gym Floor Replacement Minimum Rates and Classifications for Building Construction ID# : B 19070 Connecticut Department of Labor Wage and Workplace Standards Division By virtue of the authority vested in the Labor Commissioner under provisions of Section 31-53 of the General Statutes of Connecticut, as amended, the following are declared to be the prevailing rates and welfare payments and will apply only where the contract is advertised for bid within 20 days of the date on which the rates are established. Any contractor or subcontractor not obligated by agreement to pay to the welfare and pension fund shall pay this amount to each employee as part of his/her hourly wages. Project Number: State#: Project Town: Cheshire FAP#: Project: Cheshire High School Gym Floor Replacement CLASSIFICATION 1a) Asbestos Worker/Insulator (Includes application of insulating materials, protective coverings, coatings, & finishes to all types of mechanical systems; application of firestopping material for wall openings & penetrations in walls, floors, ceilings Hourly Rate Benefits 35.00 27.41 35.24 25.01 1b) Asbestos/Toxic Waste Removal Laborers: Asbestos removal and encapsulation (except its removal from mechanical systems which are not to be scrapped), toxic waste removers, blasters.**See Laborers Group 7** 2) Boilermaker As of: Wednesday, April 23, 2014 Project: Cheshire High School Gym Floor Replacement 3a) Bricklayer, Cement Mason, Concrete Finisher (including caulking), Stone Masons 32.50 27.46 + a 3b) Tile Setter 33.05 23.28 3c) Terrazzo Mechanics and Marble Setters 31.69 22.35 3d) Tile, Marble & Terrazzo Finishers 25.95 19.82 3e) Plasterer 32.50 27.46 ------LABORERS------ As of: Wednesday, April 23, 2014 Project: Cheshire High School Gym Floor Replacement 4) Group 1: Laborers (common or general), acetylene burners, carpenter tenders, concrete specialists, wrecking laborers, fire watchers. 27.05 17.80 4a) Group 2: Mortar mixers, plaster tender, power buggy operators, powdermen, fireproofer/mixer/nozzleman (Person running mixer and spraying fireproof only).. 27.30 17.80 4b) Group 3: Jackhammer Operators/Pavement Breaker, mason tender (brick) and mason tender (cement/concrete) 27.55 17.80 4c) **Group 4: Pipelayers (Installation of water, storm drainage or sewage lines outside of the building line with P6, P7 license) (the pipelayer rate shall apply only to one or two employees of the total crew who primary task is to actually perform the mating of pipe sections) P6 and P7 rate is $26.80 27.30 17.80 4d) Group 5: Air track operators, Sand blasters 27.80 17.80 4e) Group 6: Nuclear toxic waste removers, blasters 30.05 17.80 As of: Wednesday, April 23, 2014 Project: Cheshire High School Gym Floor Replacement 4f) Group 7: Asbestos/lead removal and encapsulation (except it's removal from mechanical systems which are not to be scrapped) 28.05 17.80 4g) Group 8: Bottom men on open air caisson, cylindrical work and boring crew 27.55 17.80 4h) Group 9: Top men on open air caisson, cylindrical work and boring crew 27.05 17.80 4i) Group 10: Traffic Control Signalman 16.00 17.80 5) Carpenter, Acoustical Ceiling Installation, Soft Floor/Carpet Laying, Metal Stud Installation, Form Work and Scaffold Building, Drywall Hanging, Modular-Furniture Systems Installers, Lathers, Piledrivers, Resilient Floor Layers. 30.45 21.65 5a) Millwrights 30.78 22.15 As of: Wednesday, April 23, 2014 Project: Cheshire High School Gym Floor Replacement 6) Electrical Worker (including low voltage wiring) (Trade License required: E1,2 L-5,6 C-5,6 T-1,2 L-1,2 V-1,2,7,8,9) 36.75 22.56+3% of gross wage 7a) Elevator Mechanic (Trade License required: R-1,2,5,6) 47.15 26.785+a+b Groundman 24.37 6.5%+10.04 Linemen/Cable Splicer 44.30 6.5%+17.70 8) Glazier (Trade License required: FG-1,2) 34.18 17.75 -----LINE CONSTRUCTION---- As of: Wednesday, April 23, 2014 Project: Cheshire High School Gym Floor Replacement 9) Ironworker, Ornamental, Reinforcing, Structural, and Precast Concrete Erection 33.50 28.98 Group 1: Crane handling or erecting structural steel or stone, hoisting engineer 2 drums or over, front end loader (7 cubic yards or over); work boat 26 ft. and over. (Trade License Required) 36.05 21.55 + a Group 2: Cranes (100 ton rate capacity and over); Backhoe/Excavator over 2 cubic yards; Piledriver ($3.00 premium when operator controls hammer). (Trade License Required) 35.73 21.55 + a Group 3: Excavator; Backhoe/Excavator under 2 cubic yards; Cranes (under 100 ton rated capacity), Grader/Blade; Master Mechanic; Hoisting Engineer (all types of equipment where a drum and cable are used to hoist or drag material regardless of motive power of operation), Rubber Tire Excavator (Drott-1085 or similar);Grader Operator; Bulldozer Fine Grade. (slopes, shaping, laser or GPS, etc.). (Trade License Required) 34.99 21.55 + a Group 4: Trenching Machines; Lighter Derrick; Concrete Finishing Machine; CMI Machine or Similar; Koehring Loader (Skooper). 34.60 21.55 + a ----OPERATORS---- As of: Wednesday, April 23, 2014 Project: Cheshire High School Gym Floor Replacement Group 5: Specialty Railroad Equipment; Asphalt Paver; Asphalt Reclaiming Machine; Line Grinder; Concrete Pumps; Drills with Self Contained Power Units; Boring Machine; Post Hole Digger; Auger; Pounder; Well Digger; Milling Machine (over 24" Mandrell) 34.01 21.55 + a Group 5 continued: Side Boom; Combination Hoe and Loader; Directional Driller; Pile Testing Machine. 34.01 21.55 + a Group 6: Front End Loader (3 up to 7 cubic yards); Bulldozer (rough grade dozer). 33.70 21.55 + a Group 7: Asphalt roller, concrete saws and cutters (ride on types), vermeer concrete cutter, Stump Grinder; Scraper; Snooper; Skidder; Milling Machine (24" and under Mandrell). 33.36 21.55 + a Group 8: Mechanic, grease truck operator, hydroblaster; barrier mover; power stone spreader; welding; work boat under 26 ft.; transfer machine. 32.96 21.55 + a Group 9: Front end loader (under 3 cubic yards), skid steer loader regardless of attachments, (Bobcat or Similar): forklift, power chipper; landscape equipment (including Hydroseeder). 32.53 21.55 + a As of: Wednesday, April 23, 2014 Project: Cheshire High School Gym Floor Replacement Group 10: Vibratory hammer; ice machine; diesel and air, hammer, etc. 30.49 21.55 + a Group 11: Conveyor, earth roller, power pavement breaker (whiphammer), robot demolition equipment. 30.49 21.55 + a Group 12: Wellpoint operator. 30.43 21.55 + a Group 13: Compressor battery operator. 29.85 21.55 + a Group 14: Elevator operator; tow motor operator (solid tire no rough terrain). 28.71 21.55 + a Group 15: Generator Operator; Compressor Operator; Pump Operator; Welding Machine Operator; Heater Operator. 28.30 21.55 + a As of: Wednesday, April 23, 2014 Project: Cheshire High School Gym Floor Replacement Group 16: Maintenance Engineer/Oiler. 27.65 21.55 + a Group 17: Portable asphalt plant operator; portable crusher plant operator; portable concrete plant operator. 31.96 21.55 + a Group 18: Power safety boat; vacuum truck; zim mixer; sweeper; (Minimum for any job requiring a CDL license). 29.54 21.55 + a 10a) Brush and Roller 30.62 17.75 10b) Taping Only/Drywall Finishing 31.37 17.75 ------PAINTERS (Including Drywall Finishing)------ As of: Wednesday, April 23, 2014 Project: Cheshire High School Gym Floor Replacement 10c) Paperhanger and Red Label 31.12 17.75 10e) Blast and Spray 33.62 17.75 11) Plumber (excluding HVAC pipe installation) (Trade License required: P-1,2,6,7,8,9 J-1,2,3,4 SP-1,2) 39.31 26.27 12) Well Digger, Pile Testing Machine 33.01 19.40 + a 13) Roofer (composition) 31.70 17.36 14) Roofer (slate & tile) 32.20 17.36 As of: Wednesday, April 23, 2014 Project: Cheshire High School Gym Floor Replacement 15) Sheetmetal Worker (Trade License required for HVAC and Ductwork: SM-1,SM-2,SM-3,SM-4,SM-5,SM-6) 33.84 31.18 16) Pipefitter (Including HVAC work) (Trade License required: S-1,2,3,4,5,6,7,8 B-1,2,3,4 D-1,2,3,4, G-1, G-2, G-8 & G-9) 39.31 26.27 17a) 2 Axle 27.88 18.27 + a 17b) 3 Axle, 2 Axle Ready Mix 27.98 18.27 + a 17c) 3 Axle Ready Mix 28.03 18.27 + a ------TRUCK DRIVERS------ As of: Wednesday, April 23, 2014 Project: Cheshire High School Gym Floor Replacement 17d) 4 Axle, Heavy Duty Trailer up to 40 tons 28.08 18.27 + a 17e) 4 Axle Ready Mix 28.13 18.27 + a 17f) Heavy Duty Trailer (40 Tons and Over) 28.33 18.27 + a 17g) Specialized Earth Moving Equipment (Other Than Conventional Type on-the-Road Trucks and Semi-Trailers, Including Euclids) 28.13 18.27 + a 18) Sprinkler Fitter (Trade License required: F-1,2,3,4) 39.76 19.87 + a 19) Theatrical Stage Journeyman 22.22 6.53 As of: Wednesday, April 23, 2014 Project: Cheshire High School Gym Floor Replacement Welders: Rate for craft to which welding is incidental. *Note: Hazardous waste removal work receives additional $1.25 per hour for truck drivers. **Note: Hazardous waste premium $3.00 per hour over classified rate Crane with 150 ft. boom (including jib) - $1.50 extra Crane with 200 ft. boom (including jib) - $2.50 extra Crane with 250 ft. boom (including jib) - $5.00 extra Crane with 300 ft. boom (including jib) - $7.00 extra Crane with 400 ft. boom (including jib) - $10.00 extra All classifications that indicate a percentage of the fringe benefits must be calculated at the percentage rate times the "base hourly rate". Apprentices duly registered under the Commissioner of Labor's regulations on "Work Training Standards for Apprenticeship and Training Programs" Section 31-51-d-1 to 12, are allowed to be paid the appropriate percentage of the prevailing journeymen hourly base and the full fringe benefit rate, providing the work site ratio shall not be less than one full-time journeyperson instructing and supervising the work of each apprentice in a specific trade. The Prevailing wage rates applicable to this project are subject to annual adjustments each July 1st for the duration of the project. Each contractor shall pay the annual adjusted prevailing wage rate that is in effect each July 1st, as posted by the Department of Labor. It is the contractor's responsibility to obtain the annual adjusted prevailing wage rate increases directly from the Department of Labor's website. The annual adjustments will be posted on the Department of Labor's Web page: www.ct.gov/dol. For those without internet access, please contact the division listed below. The Department of Labor will continue to issue the initial prevailing wage rate schedule to the Contracting Agency for the project. All subsequent annual adjustments will be posted on our Web Site for contractor access. Contracting Agencies are under no obligation pursuant to State labor law to pay any increase due to the annual adjustment provision. As of: Wednesday, April 23, 2014 Project: Cheshire High School Gym Floor Replacement Effective October 1, 2005 - Public Act 05-50: any person performing the work of any mechanic, laborer, or worker shall be paid prevailing wage All Person who perform work ON SITE must be paid prevailing wage for the appropriate mechanic, laborer, or worker classification. All certified payrolls must list the hours worked and wages paid to All Persons who perform work ON SITE regardless of their ownership i.e.: (Owners, Corporate Officers, LLC Members, Independent Contractors, et. al) Reporting and payment of wages is required regardless of any contractual relationship alleged to exist between the contractor and such person. ~~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 clause (29 CFR 5.5 (a) (1) (ii)). Please direct any questions which you may have pertaining to classification of work and payment of prevailing wages to the Wage and Workplace Standards Division, telephone (860)263-6790. As of: Wednesday, April 23, 2014 Rev. 07/13 Connecticut Department of Labor Wage and Workplace Standards Division FOOTNOTES Please Note: If the “Benefits” listed on the schedule for the following occupations includes a letter(s) (+ a or + a+b for instance), refer to the information below. Benefits to be paid at the appropriate prevailing wage rate for the listed occupation. If the “Benefits” section for the occupation lists only a dollar amount, disregard the information below. Bricklayers, Cement Masons, Cement Finishers, Concrete Finishers, Stone Masons (Building Construction) and (Residential- Hartford, Middlesex, New Haven, New London and Tolland Counties) a. Paid Holiday: Employees shall receive 4 hours for Christmas Eve holiday provided the employee works the regularly scheduled day before and after the holiday. Employers may schedule work on Christmas Eve and employees shall receive pay for actual hours worked in addition to holiday pay. Elevator Constructors: Mechanics a. Paid Holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, Christmas Day, plus the Friday after Thanksgiving. b. Vacation: Employer contributes 8% of basic hourly rate for 5 years or more of service or 6% of basic hourly rate for 6 months to 5 years of service as vacation pay credit. a. Glaziers Paid Holidays: Labor Day and Christmas Day. Power Equipment Operators (Heavy and Highway Construction & Building Construction) a. Paid Holidays: New Year’s Day, Good Friday, Memorial day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, provided the employee works 3 days during the week in which the holiday falls, if scheduled, and if scheduled, the working day before and the working day after the holiday. Holidays falling on Saturday may be observed on Saturday, or if the employer so elects, on the preceding Friday. a. a. Ironworkers Paid Holiday: Labor Day provided employee has been on the payroll for the 5 consecutive work days prior to Labor Day. Laborers (Tunnel Construction) Paid Holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. No employee shall be eligible for holiday pay when he fails, without cause, to work the regular work day preceding the holiday or the regular work day following the holiday. a. Roofers Paid Holidays: July 4th, Labor Day, and Christmas Day provided the employee is employed 15 days prior to the holiday. a. Sprinkler Fitters Paid Holidays: Memorial Day, July 4th, Labor Day, Thanksgiving Day and Christmas Day, provided the employee has been in the employment of a contractor 20 working days prior to any such paid holiday. Truck Drivers (Heavy and Highway Construction & Building Construction) a. Paid Holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas day, and Good Friday, provided the employee has at least 31 calendar days of service and works the last scheduled day before and the first scheduled day after the holiday, unless excused. STATUTE 31-55a - SPECIAL NOTICE – To All State and Political Subdivisions,Their Agents, and Contractors Connecticut General Statute 31-55a - Annual adjustments to wage rates by contractors doing state work. Each contractor that is awarded a contract on or after October 1, 2002, for (1) the construction of a state highway or bridge that falls under the provisions of section 31-54 of the general statutes, or (2) the construction, remodeling, refinishing, refurbishing, rehabilitation, alteration or repair of any public works project that falls under the provisions of section 31-53 of the general statutes shall contact the Labor Commissioner on or before July first of each year, for the duration of such contract, to ascertain the prevailing rate of wages on an hourly basis and the amount of payment or contributions paid or payable on behalf of each mechanic, laborer or worker employed upon the work contracted to be done, and shall make any necessary adjustments to such prevailing rate of wages and such payment or contributions paid or payable on behalf of each such employee, effective each July first. The prevailing wage rates applicable to any contract or subcontract awarded on or after October 1, 2002 are subject to annual adjustments each July 1st for the duration of any project which was originally advertised for bids on or after October 1, 2002. Each contractor affected by the above requirement shall pay the annual adjusted prevailing wage rate that is in effect each July 1st, as posted by the Department of Labor. It is the contractor’s responsibility to obtain the annual adjusted prevailing wage rate increases directly from the Department of Labor’s Web Site. The annual adjustments will be posted on the Department of Labor Web page: www.ctdol.state.ct.us. For those without internet access, please contact the division listed below. The Department of Labor will continue to issue the initial prevailing wage rate schedule to the Contracting Agency for the project. All subsequent annual adjustments will be posted on our Web Site for contractor access. Any questions should be directed to the Contract Compliance Unit, Wage and Workplace Standards Division, Connecticut Department of Labor, 200 Folly Brook Blvd., Wethersfield, CT 06109 at (860)263-6790. Information Bulletin Occupational Classifications The Connecticut Department of Labor has the responsibility to properly determine "job classification" on prevailing wage projects covered under C.G.S. Section 31-53. Note: This information is intended to provide a sample of some occupational classifications for guidance purposes only. It is not an all-inclusive list of each occupation's duties. This list is being provided only to highlight some areas where a contractor may be unclear regarding the proper classification. Below are additional clarifications of specific job duties performed for certain classifications: ASBESTOS WORKERS Applies all insulating materials, protective coverings, coatings and finishes to all types of mechanical systems. ASBESTOS INSULATOR Handle, install apply, fabricate, distribute, prepare, alter, repair, dismantle, heat and frost insulation, including penetration and fire stopping work on all penetration fire stop systems. BOILERMAKERS Erects hydro plants, incomplete vessels, steel stacks, storage tanks for water, fuel, etc. Builds incomplete boilers, repairs heat exchanges and steam generators. BRICKLAYERS, CEMENT MASONS, CEMENT FINISHERS, MARBLE MASONS, PLASTERERS, STONE MASONS, PLASTERERS. STONE MASONS, TERRAZZO WORKERS, TILE SETTERS Lays building materials such as brick, structural tile and concrete cinder, glass, gypsum, terra cotta block. Cuts, tools and sets marble, sets stone, finishes concrete, applies decorative steel, aluminum and plastic tile, applies cements, sand, pigment and marble chips to floors, stairways, etc. CARPENTERS, MILLWRIGHTS. PILEDRIVERMEN. LATHERS. RESILEINT FLOOR LAYERS, DOCK BUILDERS, DIKERS, DIVER TENDERS Constructs, erects, installs and repairs structures and fixtures of wood, plywood and wallboard. Installs, assembles, dismantles, moves industrial machinery. Drives piling into ground to provide foundations for structures such as buildings and bridges, retaining walls for earth embankments, such as cofferdams. Fastens wooden, metal or rockboard lath to walls, ceilings and partitions of buildings, acoustical tile layer, concrete form builder. Applies firestopping materials on fire resistive joint systems only. Installation of curtain/window walls only where attached to wood or metal studs. Installation of insulated material of all types whether blown, nailed or attached in other ways to walls, ceilings and floors of buildings. Assembly and installation of modular furniture/furniture systems. Freestanding furniture is not covered. This includes free standing: student chairs, study top desks, book box desks, computer furniture, dictionary stand, atlas stand, wood shelving, two-position information access station, file cabinets, storage cabinets, tables, etc. CLEANING LABORER The clean up of any construction debris and the general cleaning, including sweeping, wash down, mopping, wiping of the construction facility, washing, polishing, dusting, etc., prior to the issuance of a certificate of occupancy falls under the Labor classification. DELIVERY PERSONNEL If delivery of supplies/building materials is to one common point and stockpiled there, prevailing wages are not required. If the delivery personnel are involved in the distribution of the material to multiple locations within the construction site then they would have to be paid prevailing wages for the type of work performed: laborer, equipment operator, electrician, ironworker, plumber, etc. An example of this would be where delivery of drywall is made to a building and the delivery personnel distribute the drywall from one "stockpile" location to further sub‐locations on each floor. Distribution of material around a construction site is the job of a laborer/tradesman and not a delivery personnel. ELECTRICIANS Install, erect, maintenance, alteration or repair of any wire, cable, conduit, etc., which generates, transforms, transmits or uses electrical energy for light, heat, power or other purposes, including the Installation or maintenance of telecommunication, LAN wiring or computer equipment, and low voltage wiring. *License required per Connecticut General Statutes: E-1,2 L-5,6 C-5,6 T-1,2 L1,2 V-1,2,7,8,9. ELEVATOR CONSTRUCTORS Install, erect, maintenance and repair of all types of elevators, escalators, dumb waiters and moving walks. *License required by Connecticut General Statutes: R-1,2,5,6. FORK LIFT OPERATOR Laborers Group 4) Mason Tenders - operates forklift solely to assist a mason to a maximum height of nine (9) feet only. Power Equipment Operator Group 9 ‐ operates forklift to assist any trade, and to assist a mason to a height over nine (9) feet. GLAZIERS Glazing wood and metal sash, doors, partitions, and 2 story aluminum storefronts. Installs glass windows, skylights, store fronts and display cases or surfaces such as building fronts, interior walls, ceilings and table tops and metal store fronts. Installation of aluminum window walls and curtain walls is the "joint" work of glaziers and ironworkers which requires either a blended rate or equal composite workforce. IRONWORKERS Erection, installation and placement of structural steel, precast concrete, miscellaneous iron, ornamental iron, metal curtain wall, rigging and reinforcing steel. Handling, sorting, and installation of reinforcing steel (rebar). Metal bridge rail (traffic), metal bridge handrail, and decorative security fence installation. Installation of aluminum window walls and curtain walls is the "joint" work of glaziers and ironworkers which requires either a blended rate or equal composite workforce. Insulated metal and insulated composite panels are still installed by the Ironworker. INSULATOR Installing fire stopping systems/materials for "Penetration Firestop Systems": transit to cables, electrical conduits, insulated pipes, sprinkler pipe penetrations, ductwork behind radiation, electrical cable trays, fire rated pipe penetrations, natural polypropylene, HVAC ducts, plumbing bare metal, telephone and communication wires, and boiler room ceilings. Past practice using the applicable licensed trades, Plumber, Sheet Metal, Sprinkler Fitter, and Electrician, is not inconsistent with the Insulator classification and would be permitted. LABORERS Acetylene burners, asphalt rakers, chain saw operators, concrete and power buggy operator, concrete saw operator, fence and guard rail erector (except metal bridge rail (traffic), metal bridge handrail, and decorative security fence installation.), hand operated concrete vibrator operator, mason tenders, pipelayers (installation of storm drainage or sewage lines on the street only), pneumatic drill operator, pneumatic gas and electric drill operator, powermen and wagon drill operator, air track operator, block paver, curb setters, blasters, concrete spreaders. PAINTERS Maintenance, preparation, cleaning, blasting (water and sand, etc.), painting or application of any protective coatings of every description on all bridges and appurtenances of highways, roadways, and railroads. Painting, decorating, hardwood finishing, paper hanging, sign writing, scenic art work and drywall hhg for any and all types of building and residential work. LEAD PAINT REMOVAL Painter’s Rate 1. Removal of lead paint from bridges. 2. Removal of lead paint as preparation of any surface to be repainted. 3. Where removal is on a Demolition project prior to reconstruction. Laborer’s Rate 1. Removal of lead paint from any surface NOT to be repainted. 2. Where removal is on a TOTAL Demolition project only. PLUMBERS AND PIPEFITTERS Installation, repair, replacement, alteration or maintenance of all plumbing, heating, cooling and piping. *License required per Connecticut General Statutes: P1,2,6,7,8,9 J-1,2,3,4 SP-1,2 S-1,2,3,4,5,6,7,8 B-1,2,3,4 D-1,2,3,4. POWER EQUIPMENT OPERATORS Operates several types of power construction equipment such as compressors, pumps, hoists, derricks, cranes, shovels, tractors, scrapers or motor graders, etc. Repairs and maintains equipment. *License required, crane operators only, per Connecticut General Statutes. ROOFERS Covers roofs with composition shingles or sheets, wood shingles, slate or asphalt and gravel to waterproof roofs, including preparation of surface. (tear-off and/or removal of any type of roofing and/or clean-up of any and all areas where a roof is to be relaid) SHEETMETAL WORKERS Fabricate, assembles, installs and repairs sheetmetal products and equipment in such areas as ventilation, air-conditioning, warm air heating, restaurant equipment, architectural sheet metal work, sheetmetal roofing, and aluminum gutters. Fabrication, handling, assembling, erecting, altering, repairing, etc. of coated metal material panels and composite metal material panels when used on building exteriors and interiors as soffits, facia, louvers, partitions, wall panel siding, canopies, cornice, column covers, awnings, beam covers, cladding, sun shades, lighting troughs, spires, ornamental roofing, metal ceilings, mansards, copings, ornamental and ventilation hoods, vertical and horizontal siding panels, trim, etc. The sheet metal classification also applies to the vast variety of coated metal material panels and composite metal material panels that have evolved over the years as an alternative to conventional ferrous and non-ferrous metals like steel, iron, tin, copper, brass, bronze, aluminum, etc. Insulated metal and insulated composite panels are still installed by the Iron Worker. Fabrication, handling, assembling, erecting, altering, repairing, etc. of architectural metal roof, standing seam roof, composite metal roof, metal and composite bathroom/toilet partitions, aluminum gutters, metal and composite lockers and shelving, kitchen equipment, and walk‐in coolers. SPRINKLER FITTERS Installation, alteration, maintenance and repair of fire protection sprinkler systems. *License required per Connecticut General Statutes: F-1,2,3,4. TILE MARBLE AND TERRAZZO FINISHERS Assists and tends the tile setter, marble mason and terrazzo worker in the performance of their duties. TRUCK DRIVERS Definitions: 1) “Site of the work” (29 Code of Federal Regulations (CFR) 5.2(l)(b) is the physical place or places where the building or work called for in the contract will remain and any other site where a significant portion of the building or work is constructed, provided that such site is established specifically for the performance of the contact or project; (a) Except as provided in paragraph (l) (3) of this section, job headquarters, tool yards, batch plants, borrow pits, etc. are part of the “site of the work”; provided they are dedicated exclusively, or nearly so, to the performance of the contract or project, and provided they are adjacent to “the site of work” as defined in paragraph (e)(1) of this section; (b) Not included in the “site of the work” are permanent home offices, branch plant establishments, fabrication plants, tool yards etc, of a contractor or subcontractor whose location and continuance in operation are determined wholly without regard to a particular State or political subdivision contract or uncertain and indefinite periods of time involved of a few seconds or minutes duration and where the failure to count such time is due to consideration justified by industrial realities (29 CFR 785.47) 2) “Engaged to wait” is waiting time that belongs to and is controlled by the employer which is an integral part of the job and is therefore compensable as hours worked. (29 CFR 785.15) 3) “Waiting to be engaged” is waiting time that an employee can use effectively for their own purpose and is not compensable as hours worked. (29 CFR 785.16) 4) “De Minimus” is a rule that recognizes that unsubstantial or insignificant periods of time which cannot as a practical administrative matter be precisely recorded for payroll purposes, may be disregarded. This rule applies only where there are uncertain and indefinite periods of time involved of a short duration and where the failure to count such time is due to consideration justified by worksite realities. For example, with respect to truck drivers on prevailing wage sites, this is typically less than 15 minutes at a time. Coverage of Truck Drivers on State or Political subdivision Prevailing Wage Projects Truck drivers are covered for payroll purposes under the following conditions: Truck Drivers for time spent working on the site of the work. Truck Drivers for time spent loading and/or unloading materials and supplies on the site of the work, if such time is not de minimus Truck drivers transporting materials or supplies between a facility that is deemed part of the site of the work and the actual construction site. Truck drivers transporting portions of the building or work between a site established specifically for the performance of the contract or project where a significant portion of such building or work is constructed and the physical places where the building or work outlined in the contract will remain. For example: Truck drivers delivering asphalt are covered under prevailing wage while” engaged to wait” on the site and when directly involved in the paving operation, provided the total time is not “de minimus” Truck Drivers are not covered in the following instances: Material delivery truck drivers while off “the site of the work” Truck Drivers traveling between a prevailing wage job and a commercial supply facility while they are off the “site of the work” Truck drivers whose time spent on the “site of the work” is de minimus, such as under 15 minutes at a time, merely to drop off materials or supplies, including asphalt. These guidelines are similar to U.S. Labor Department policies. The application of these guidelines may be subject to review based on factual considerations on a case by case basis. For example: Material men and deliverymen are not covered under prevailing wage as long as they are not directly involved in the construction process. If, they unload the material, they would then be covered by prevailing wage for the classification they are performing work in: laborer, equipment operator, etc. Hauling material off site is not covered provided they are not dumping it at a location outlined above. Driving a truck on site and moving equipment or materials on site would be considered covered work, as this is part of the construction process. Any questions regarding the proper classification should be directed to: Public Contract Compliance Unit Wage and Workplace Standards Division Connecticut Department of Labor 200 Folly Brook Blvd, Wethersfield, CT 06109 (860) 263-6543 Sec. 31-53b. Construction safety and health course. New miner training program. Proof of completion required for mechanics, laborers and workers on public works projects. Enforcement. Regulations. Exceptions. (a) Each contract for a public works project entered into on or after July 1, 2009, by the state or any of its agents, or by any political subdivision of the state or any of its agents, described in subsection (g) of section 31-53, shall contain a provision requiring that each contractor furnish proof with the weekly certified payroll form for the first week each employee begins work on such project that any person performing the work of a mechanic, laborer or worker pursuant to the classifications of labor under section 31-53 on such public works project, pursuant to such contract, has completed a course of at least ten hours in duration in construction safety and health approved by the federal Occupational Safety and Health Administration or, has completed a new miner training program approved by the Federal Mine Safety and Health Administration in accordance with 30 CFR 48 or, in the case of telecommunications employees, has completed at least ten hours of training in accordance with 29 CFR 1910.268. (b) Any person required to complete a course or program under subsection (a) of this section who has not completed the course or program shall be subject to removal from the worksite if the person does not provide documentation of having completed such course or program by the fifteenth day after the date the person is found to be in noncompliance. The Labor Commissioner or said commissioner's designee shall enforce this section. (c) Not later than January 1, 2009, the Labor Commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of subsections (a) and (b) of this section. Such regulations shall require that the ten-hour construction safety and health courses required under subsection (a) of this section be conducted in accordance with federal Occupational Safety and Health Administration Training Institute standards, or in accordance with Federal Mine Safety and Health Administration Standards or in accordance with 29 CFR 1910.268, as appropriate. The Labor Commissioner shall accept as sufficient proof of compliance with the provisions of subsection (a) or (b) of this section a student course completion card issued by the federal Occupational Safety and Health Administration Training Institute, or such other proof of compliance said commissioner deems appropriate, dated no earlier than five years before the commencement date of such public works project. (d) This section shall not apply to employees of public service companies, as defined in section 16-1, or drivers of commercial motor vehicles driving the vehicle on the public works project and delivering or picking up cargo from public works projects provided they perform no labor relating to the project other than the loading and unloading of their cargo. (P.A. 06-175, S. 1; P.A. 08-83, S. 1.) History: P.A. 08-83 amended Subsec. (a) by making provisions applicable to public works project contracts entered into on or after July 1, 2009, replacing provision re total cost of work with reference to Sec. 31-53(g), requiring proof in certified payroll form that new mechanic, laborer or worker has completed a 10-hour or more construction safety course and adding provision re new miner training program, amended Subsec. (b) by substituting "person" for "employee" and adding "or program", amended Subsec. (c) by adding "or in accordance with Federal Mine Safety and Health Administration Standards" and setting new deadline of January 1, 2009, deleted former Subsec. (d) re "public building", added new Subsec. (d) re exemptions for public service company employees and delivery drivers who perform no labor other than delivery and made conforming and technical changes, effective January 1, 2009. Section 31-55 of the CT State Statutes requires every contractor or subcontractor performing work for the state to post in a prominent place the prevailing wages as determined by the Labor Commissioner. If you have QUESTIONS regarding your wages CALL (860) 263-6790 CT General Statutes Section 31-53 PREVAILING WAGE LAW Covered by the THIS IS A PUBLIC WORKS PROJECT Informational Bulletin THE 10-HOUR OSHA CONSTRUCTION SAFETY AND HEALTH COURSE (applicable to public building contracts entered into on or after July 1, 2007, where the total cost of all work to be performed is at least $100,000) (1) This requirement was created by Public Act No. 06-175, which is codified in Section 31-53b of the Connecticut General Statutes (pertaining to the prevailing wage statutes); (2) The course is required for public building construction contracts (projects funded in whole or in part by the state or any political subdivision of the state) entered into on or after July 1, 2007; (3) It is required of private employees (not state or municipal employees) and apprentices who perform manual labor for a general contractor or subcontractor on a public building project where the total cost of all work to be performed is at least $100,000; (4) The ten-hour construction course pertains to the ten-hour Outreach Course conducted in accordance with federal OSHA Training Institute standards, and, for telecommunications workers, a ten-hour training course conducted in accordance with federal OSHA standard, 29 CFR 1910.268; (5) The internet website for the federal OSHA Training http://www.osha.gov/fso/ote/training/edcenters/fact_sheet.html; Institute is (6) The statutory language leaves it to the contractor and its employees to determine who pays for the cost of the ten-hour Outreach Course; (7) Within 30 days of receiving a contract award, a general contractor must furnish proof to the Labor Commissioner that all employees and apprentices performing manual labor on the project will have completed such a course; (8) Proof of completion may be demonstrated through either: (a) the presentation of a bona fide student course completion card issued by the federal OSHA Training Institute; or (2) the presentation of documentation provided to an employee by a trainer certified by the Institute pending the actual issuance of the completion card; (9) Any card with an issuance date more than 5 years prior to the commencement date of the construction project shall not constitute proof of compliance; (10) Each employer shall affix a copy of the construction safety course completion card to the certified payroll submitted to the contracting agency in accordance with Conn. Gen. Stat. § 31-53(f) on which such employee’s name first appears; (11) Any employee found to be in non-compliance shall be subject to removal from the worksite if such employee does not provide satisfactory proof of course completion to the Labor Commissioner by the fifteenth day after the date the employee is determined to be in noncompliance; (12) Any such employee who is determined to be in noncompliance may continue to work on a public building construction project for a maximum of fourteen consecutive calendar days while bringing his or her status into compliance; (13) The Labor Commissioner may make complaint to the prosecuting authorities regarding any employer or agent of the employer, or officer or agent of the corporation who files a false certified payroll with respect to the status of an employee who is performing manual labor on a public building construction project; (14) The statute provides the minimum standards required for the completion of a safety course by manual laborers on public construction contracts; any contractor can exceed these minimum requirements; and (15) Regulations clarifying the statute are currently in the regulatory process, and shall be posted on the CTDOL website as soon as they are adopted in final form. (16) Any questions regarding this statute may be directed to the Wage and Workplace Standards Division of the Connecticut Labor Department via the internet website of http://www.ctdol.state.ct.us/wgwkstnd/wgemenu.htm; or by telephone at (860)263-6790. THE ABOVE INFORMATION IS PROVIDED EXCLUSIVELY AS AN EDUCATIONAL RESOURCE, AND IS NOT INTENDED AS A SUBSTITUTE FOR LEGAL INTERPRETATIONS WHICH MAY ULTMATELY ARISE CONCERNIG THE CONSTRUCTION OF THE STATUTE OR THE REGULATIONS. November 29, 2006 Notice To All Mason Contractors and Interested Parties Regarding Construction Pursuant to Section 31-53 of the Connecticut General Statutes (Prevailing Wage) The Connecticut Labor Department Wage and Workplace Standards Division is empowered to enforce the prevailing wage rates on projects covered by the above referenced statute. Over the past few years the Division has withheld enforcement of the rate in effect for workers who operate a forklift on a prevailing wage rate project due to a potential jurisdictional dispute. The rate listed in the schedules and in our Occupational Bulletin (see enclosed) has been as follows: Forklift Operator: - Laborers (Group 4) Mason Tenders - operates forklift solely to assist a mason to a maximum height of nine feet only. - Power Equipment Operator (Group 9) - operates forklift to assist any trade and to assist a mason to a height over nine feet. The U.S. Labor Department conducted a survey of rates in Connecticut but it has not been published and the rate in effect remains as outlined in the above Occupational Bulletin. Since this is a classification matter and not one of jurisdiction, effective January 1, 2007 the Connecticut Labor Department will enforce the rate on each schedule in accordance with our statutory authority. Your cooperation in filing appropriate and accurate certified payrolls is appreciated. ~NOTICE~ TO ALL CONTRACTING AGENCIES Please be advised that Connecticut General Statutes Section 31-53, requires the contracting agency to certify to the Department of Labor, the total dollar amount of work to be done in connection with such public works project, regardless of whether such project consists of one or more contracts. Please find the attached “Contracting Agency Certification Form” to be completed and returned to the Department of Labor, Wage and Workplace Standards Division, Public Contract Compliance Unit. O Inquiries can be directed to (860)263-6543. CONNECTICUT DEPARTMENT OF LABOR WAGE AND WORKPLACE STANDARDS DIVISION CONTRACT COMPLIANCE UNIT CONTRACTING AGENCY CERTIFICATION FORM I, , acting in my official capacity as authorized representative , title for , located at contracting agency , address do hereby certify that the total dollar amount of work to be done in connection with , located at project name and number shall be $ , address , which includes all work, regardless of whether such project consists of one or more contracts. CONTRACTOR INFORMATION Name: Address: Authorized Representative: Approximate Starting Date: Approximate Completion Date: Signature Return To: Connecticut Department of Labor Wage & Workplace Standards Division Contract Compliance Unit 200 Folly Brook Blvd. Wethersfield, CT 06109 Date Issued: ___________________________ Date Week-Ending Date *IF REQUIRED 10 Certification Number Trade License Type & Number - OSHA WORK CLASSIFICATION S PROJECT NAME & ADDRESS M DAY AND DATE W TH HOURS WORKED EACH DAY T F S Hours 5. $ 6. *SEE REVERSE SIDE Cash Fringe $ BASE HOURLY RATE TYPE OF FRINGE BENEFITS Per Hour TOTAL FRINGE Total BENEFIT PLAN 1 through 6 O/T Hours CASH (see back) 1. $ $ 2. $ Base Rate 3. $ 4. $ $ 5. $ Cash Fringe 6. $ 1. $ $ 2. $ Base Rate 3. $ 4. $ $ 5. $ Cash Fringe 6. $ 1. $ $ 2. $ Base Rate 3. $ 4. $ $ 5. $ Cash Fringe 6. $ 1. $ 2. $ $ Base Rate 3. $ 4. $ Total ST EFFECTIVE DATE: EXPIRATION DATE: POLICY # HOLDING HOLDING LIST PAGE NUMBER OTHER OF GROSS PAY FOR THIS PREVAILING CHECK # AND RATE JOB NET PAY WORKER'S COMPENSATION INSURANCE CARRIER Connecticut Department of Labor Wage and Workplace Standards Division 200 Folly Brook Blvd. Wethersfield, CT 06109 GROSS PAY TOTAL DEDUCTIONS FOR ALL FEDERAL STATE WORK PERFORMED THIS WEEK FICA WITHWITH- SUBCONTRACTOR NAME & ADDRESS WEEKLY PAYROLL PAYROLL CERTIFICATION FOR PUBLIC WORKS PROJECTS OSHA 10 ~ATTACH CARD TO 1ST CERTIFIED PAYROLL WWS-CP1 20 PERSON/WORKER, APPR MALE/ ADDRESS and SECTION RATE FEMALE % AND RACE* PAYROLL NUMBER CONTRACTOR NAME AND ADDRESS: In accordance with Connecticut General Statutes, 31-53 Certified Payrolls with a statement of compliance shall be submitted monthly to the contracting agency. [New] In accordance with Section 31-53b(a) of the C.G.S. each contractor shall provide a copy of the OSHA 10 Hour Construction Safety and Health Card for each employee, to be attached to the first certified payroll on the project. *FRINGE BENEFITS EXPLANATION (P): Bona fide benefits paid to approved plans, funds or programs, except those required by Federal or State Law (unemployment tax, worker’s compensation, income taxes, etc.). Please specify the type of benefits provided: 1) Medical or hospital care 4) Disability 2) Pension or retirement 5) Vacation, holiday 3) Life Insurance 6) Other (please specify) CERTIFIED STATEMENT OF COMPLIANCE , For the week ending date of I, of , (hereafter known as (title) do hereby certify and state: Employer) in my capacity as Section A: 1. All persons employed on said project have been paid the full weekly wages earned by them during the week in accordance with Connecticut General Statutes, section 31-53, as amended. Further, I hereby certify and state the following: a) The records submitted are true and accurate; b) The rate of wages paid to each mechanic, laborer or workman and the amount of payment or contributions paid or payable on behalf of each such employee to any employee welfare fund, as defined in Connecticut General Statutes, section 31-53 (h), are not less than the prevailing rate of wages and the amount of payment or contributions paid or payable on behalf of each such employee to any employee welfare fund, as determined by the Labor Commissioner pursuant to subsection Connecticut General Statutes, section 31-53 (d), and said wages and benefits are not less than those which may also be required by contract; c) The Employer has complied with all of the provisions in Connecticut General Statutes, section 31-53 (and Section 31-54 if applicable for state highway construction); d) Each such employee of the Employer is covered by a worker’s compensation insurance policy for the duration of his employment which proof of coverage has been provided to the contracting agency; e) The Employer does not receive kickbacks, which means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided directly or indirectly, to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a prime contractor in connection with a subcontractor relating to a prime contractor; and f) The Employer is aware that filing a certified payroll which he knows to be false is a class D felony for which the employer may be fined up to five thousand dollars, imprisoned for up to five years or both. 2. OSHA~The employer shall affix a copy of the construction safety course, program or training completion document to the certified payroll required to be submitted to the contracting agency for this project on which such employee’s name first appears. (Signature) (Title) Submitted on (Date) Section B: Applies to CONNDOT Projects ONLY That pursuant to CONNDOT contract requirements for reporting purposes only, all employees listed under Section B who performed work on this project are not covered under the prevailing wage requirements defined in Connecticut General Statutes Section 31-53. (Signature) (Title) Submitted on (Date) Note: CTDOL will assume all hours worked were performed under Section A unless clearly delineated as Section B WWS-CP1 as such. Should an employee perform work under both Section A and Section B, the hours worked and wages paid must be segregated for reporting purposes. ***THIS IS A PUBLIC DOCUMENT*** ***DO NOT INCLUDE SOCIAL SECURITY NUMBERS*** WWS-CP2 PERSON/WORKER, ADDRESS and SECTION WORK M W TH DAY AND DATE F HOURS WORKED EACH DAY T S RATE Total Cash Fringe $ Base Rate $ Cash Fringe $ Base Rate $ Cash Fringe $ Base Rate $ Cash Fringe $ Base Rate $ Cash Fringe $ Base Rate $ TOTAL FRINGE BENEFIT PLAN O/T Hours CASH Hours Total ST BASE HOURLY WEEKLY PAYROLL GROSS PAY TOTAL DEDUCTIONS GROSS PAY FOR Week-Ending Date: Contractor or Subcontractor Business Name: 6. $ 5. $ 4. $ 3. $ 2. $ 1. $ 6. $ 5. $ 4. $ 3. $ 2. $ 1. $ 6. $ 5. $ 4. $ 3. $ 2. $ 1. $ 6. $ 5. $ 4. $ 3. $ 2. $ 1. $ 6. $ 5. $ 4. $ 3. $ 2. $ 1. $ PAGE NUMBER OF FRINGE FOR ALL WORK FEDERAL STATE THIS PREVAILING CHECK # AND BENEFITS PERFORMED RATE JOB NET PAY LIST Per Hour THIS WEEK 1 through 6 FICA WITHWITHOTHER (see back) HOLDING HOLDING TYPE OF PAYROLL CERTIFICATION FOR PUBLIC WORKS PROJECTS NOTICE: THIS PAGE MUST BE ACCOMPANIED BY A COVER PAGE (FORM # WWS-CP1) 10 Certification Number Trade License Type & Number - OSHA CLASSIFICATION S *IF REQUIRED RATE FEMALE % AND RACE* APPR MALE/ Weekly Payroll Certification For Public Works Projects (Continued) DECEMBER T W 3 4 10 11 17 18 24 25 31 4 11 18 25 M 2 9 16 23 30 F 6 13 20 27 F 1 8 15 22 29 F 4 11 18 25 Student Contact Days Professional Dev. Day-Election Day Early Dismissal - all schools Thanksgiving Break * ] First/Last Day of School for Students Profess. Devel. Day-No School for Students Early Dismissal for Students Vacation/Holiday-No School T 3 10 17 24 Th 5 12 19 26 7 14 21 28 JUNE W 4 11 18 25 Th 3 10 17 24 Th 1 8 15 22 29 MAY W APRIL W 2 9 16 23 30 Th 6 13 20 27 Th 6 13 20 27 Th 2 9 16 23 30 F 6 [13*] 20 27 F 2 9 16 23 30 F 4 11 18 25 Student Contact Days CMT & CAPT Testing Professional Dev. Day - Tentative 30 Five - Day weeks of school. 10 Student Contact Days 6/13 Last Student Contact Day 6/16 Teacher Work Day 21 Student Contact Days 5/26 Memorial Day Parent Conf. Grades 1-6 - 4/1, 4/3 (early dismissal) Report Cards CHS-4/9; Dodd-4/9 17 Student Contact Days 4/14- 4/18 Spring Break 4/18 Good Friday CHS Only-3/25 (early dismissal) Grades 1-6 - 3/26 (early dismissal) Report p Cards Grades 1-6 - 3/24 20 F 7 TBD 14 3/28 21 Prof. Develop 28 Parent Conf. Dodd Only-2/4 (early dismissal) Student Contact Days President's Day Winter Break Report Cards CHS-1/31; Dodd-1/31 21 Student Contact Days 1/1 New Year's Day 1/20 Martin Luther King Day 15 F 7 2/17 14 2/17 - 2/21 21 Prof. Develop 28 F 3 10 17 24 31 Approved by the Cheshire Board of Education on March 21, 2013. M 2 9 16 23 30 6 13 20 27 5 12 19 26 Prof. Develop CHS Only-12/5 (early dismissal) Report Cards Grades 1-6 - 12/10 [ T T 1 8 15 22 29 MARCH T W 4 5 11 12 18 19 25 26 FEBRUARY T W 4 5 11 12 18 19 25 26 M 7 14 21 28 M M 3 10 17 24 31 M 3 10 17 24 6 13 20 27 15 Student Contact Days 12/23-12/31 Winter Break Prof. Develop Dodd Only-11/21 (early dismissal) Report Cards CHS-11/15; Dodd-11/15 18 11/5 11/27 11/28-11/29 Open Houses Darcey EIC-10/9 Parent Conf. CHS-10/17 (early dismissal) Dodd-10/10, 10/23, 10/28 (early dismissal) Grades 1-6 - 10/16,, 10/22,, 10/24 (early ( y dismissal)) 22 Student Contact Days 10/14 Columbus Day Open Houses CHS-9/12; Darcey-9/23, 9/25; Dodd-9/10, 9/18 Grades 1-6 - 9/11, 9/17, 9/19 19 Student Contact Days 9/2 Labor Day 9/5 Rosh Hashanah Snow days will be made up June 16 - 30 (11 days). Additional snow days needed beyond these 11 days will begin with April 17 and move backward. Th 5 12 19 26 7 14 21 28 5 12 19 26 M 6 13 20 27* NOVEMBER T W Th 7 14 21 28 M Th 3 10 17 24 31 F 6 13 20 27 SEPTEMBER T W Th 3 4 5 10 11 12 17 18 19 24 25 26 OCTOBER T W 1 2 8 9 15 16 22 23 29 30 M 2 9 16 23 30 7 14 21 28 M 6 13 20 27 Student Contact Days Professional Dev. Day Professional Dev. Day Convocation/Staff Prep. Day First Day of School 5 12 19 26 2 8/26 8/27 8/28 8/29 M F 2 9 16 23 30 AUGUST T W Th 1 8 15 22 [29] 2014 JANUARY T W 1 7 8 14 15 21 22 28 29 2013 2013-2014 School Calendar CHESHIRE PUBLIC SCHOOLS Th 6 13 20 27 NOVEMBER T W 4 5 11 12 18 19 25 26* DECEMBER T W 2 3 9 10 16 17 23* 24 30 31 6 13 20 27 M 3 10 17 24 M 1 8 15 22 29 F 5 12 19 26 F 7 14 21 28 F 3 10 17 24 31 F 5 12 19 26 F 1 8 15 22 29 Student Contact Days Professional Dev. Day Professional Dev. Day Convocation/Staff Prep. Day First Day of School * [ ] 17 12/23 12/24-12/31 12/25 17 11/4 11/26 11/27-11/28 First/Last Day of School for Students Early Dismissal for Students Profess. Devel. Day-No School for Students Vacation/Holiday-No School Student Contact Days Early Dismissal - all schools Winter Recess Christmas Day Student Contact Days Professional Dev.Day-Election Day Early Dismissal - all schools Thanksgiving Recess 22 Student Contact Days 10/13 Columbus Day 20 Student Contact Days 9/1 Labor Day 9/25 Rosh Hashanah 4 8/21 8/22 8/25 8/26 Snow days will be made up June 12-30 (13 days). Additional snow days needed beyond these 13 days will begin with April 17 and move backward. Th 4 11 18 25 Th 2 9 16 23 30 M OCTOBER T W 1 7 8 14 15 21 22 28 29 SEPTEMBER T W Th 2 3 4 9 10 11 16 17 18 23 24 25 30 7 14 21 28 M 1 8 15 22 29 6 13 20 27 5 12 19 [26] Th 4 11 18 25 M 2014 AUGUST T W 5 12 19 26 4 11 18 25 JUNE W 3 10 17 24 6 13 20 27 MAY W Th 4 [11*] 18 25 7 14 21 28 Th Th 2 9 16 23 30 Th 5 12 19 26 Th 5 12 19 26 Th 1 8 15 22 29 F 5 12 19 26 F 1 8 15 22 29 F 3 10 17 24 F 6 13 20 27 F 6 13 20 27 F 2 9 16 23 30 Student Contact Days New Year's Day Winter Recess Martin Luther King Day Student Contact Days Good Friday Professional Dev. Day Spring Recess 27 Five - Day weeks of school. 9 Student Contact Days 6/11 Last Student Contact Day 6/12 Teacher Work Day 20 Student Contact Days 5/25 Memorial Day 15 4/3 4/6 4/13-4/17 22 Student Contact Days 15 Student Contact Days 2/16 Presidents' Day 2/17-2/20 February Recess 19 1/1 1/2 1/19 Approved by the Cheshire Board of Education on March 20, 2014. T 2 9 16 23 30 T M 7 14 21 28 6 13 20 27 APRIL W 1 8 15 22 29 MARCH T W 3 4 10 11 17 18 24 25 31 T M 1 8 15 22 29 7 14 21 28 FEBRUARY T W 3 4 10 11 17 18 24 25 6 13 20 27 W JANUARY T M M 2 9 16 23 30 M 2 9 16 23 5 12 19 26 M 2014-2015 School Calendar 2015 CHESHIRE PUBLIC SCHOOLS DRAWING LIST GYM FLOOR REPLACEMENT CHESHIRE HIGH SCHOOL 525 SOUTH MAIN STREET CHESHIRE, CT 06410 BID #1314-20 AB S/P+A PROJECT NO. 13.243 Drawing Number Drawing Name CS A100 A101 COVER SHEET ENLARGED GYM FLOOR PLANS ENLARGED GYM FLOOR – STRIPING PLANS END OF SECTION Cheshire High School Gym Floor Replacement Drawing List-1 SUMMARY OF WORK SECTION 011000 – SUMMARY OF WORK PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. 1.2 Drawings and general provisions of Contract, including General Conditions and other Division 1 Specification Sections, apply to this Section. PROJECT DESCRIPTION A. The Work of the Project is defined by the Contract Documents and consists of the replacement of the gymnasium floor at an existing high school. B. No work shall be done while school is in session. Construction is to commence on June 30, 2014 with a Substantial Completion date of September 15, 2014. C. Refer to Section 012300 “Alternates” for additional information. 1.3 WORK UNDER SEPARATE CONTRACTS A. General: Cooperate fully with separate contractors so work on those contracts may be carried out smoothly, without interfering with or delaying work under this Contract or other contracts. Coordinate the Work of this Contract with work performed under separate contracts. B. Concurrent Work: Owner has awarded separate contract(s) for other construction operations at Project site. Those operations will be conducted simultaneously with work under this Contract. Contractor for this work must coordinate all aspects with other projects including, but not limiting to abatement, demolition, phasing, parking, etc. 1.4 CONTRACTOR USE OF PREMISES A. General: Limit use of the premises to construction activities in areas indicated; allow for Owner occupancy and use by the public and other contractors. B. Confine operations to as small work areas and accessways as possible. As much as possible and without damage to the finishes, doors and related building systems, access the project area via the service doors designated by the principals and maintenance staff at the school. C. Keep driveways and entrances serving the premises clear and available to the Owner and the Owner's employees at all times. Do not use these areas for parking or storage of materials. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on site. D. Maintain existing egress patterns, exit doors and means of egress during construction, which will include the provision of temporary walkways, sidewalks or other means necessary to provide adequate life safety for the building occupants, particularly at exitways which must continue to be open and serviceable while adjacent construction activity occurs. Cheshire High School Gym Floor Replacement 011000-1 SUMMARY OF WORK E. 1.5 Use of the Existing Building: Maintain the existing building in a weathertight condition throughout the construction period. Repair damage caused by construction operations. Take all precautions necessary to protect the building and its occupants during the construction period. OWNER OCCUPANCY A. Full Owner Occupancy: The Owner's administrative and maintenance staff will occupy the site and existing building during the entire construction period, with children on site during the school year. Cooperate with the Owner during construction operations to minimize conflicts and facilitate Owner usage. Perform the Work so as not to interfere with the Owner's operations. Pre-schedule construction operations with the Owner for areas that must be evacuated for extended periods, giving the Owner the opportunity to relocate administrative or educational operations to non-affected areas. B. Utility Relocations: Schedule utility relocations that affect the building as early as possible. Coordinate Contractor's schedules with the utility companies and with the Owner to expedite the work while mitigating their interference with the Owner's operation of the building. Schedule protracted utility shut-downs during school vacations or over weekends to prevent any loss of use of building by Owner. Schedule and pay for overtime charges as required to complete the utility relocations and installations. 1.6 SPECIAL REQUIREMENTS A. The Contractor shall insure that all work performed is done so in a safe manner and that all of his/her employees shall adhere to all applicable safety procedures and practices at all times. There may be children and staff in the vicinity of the work area during normal working hours. The Contractor shall be aware at all times that additional safety considerations should be taken. Particular care shall be taken by the Contractor, Subcontractors and all those in their employ, that all tools, equipment, ladders, etc. are never left unsupervised. B. Under no circumstances shall the buildings' occupants be subjected to excessive construction noise or vibrations, nor shall they be subject to fumes, odors or other deleterious effects of the operation. Should material delivery, demolition or construction operations, inclement weather or related schedule conditions produce this situation (as determined by the Owner), the Contractor shall be required to suspend operations that produce the offending effects until such time as the building is not occupied, or as approved by the Owner. C. Smoking will not be permitted inside the school building or on the school grounds. Strict adherence to the smoking regulations will be enforced for the entire duration of the construction. D. Site Security – Identification Badges 1. 2. The Contractor shall provide a list of all contact persons. The list shall include each trade, name of Contractor, contact person(s), phone numbers, fax numbers, Federal Employer Identification Number (FEIN), social security number if FEIN is not available, and Connecticut Tax Registration number. Prior to the start of work all Contractor and Sub-Contactor personnel assigned to perform work shall be required to fill out and submit to a background check at a cost provided by the Contractor. All information shall be submitted to the Town of Ellington, Board of Cheshire High School Gym Floor Replacement 011000-2 SUMMARY OF WORK Education and the Resident State Trooper. Information for background check includes the following: a. b. c. 3. Identity Verification Criminal Background Additional checks as deemed warranted Security badges will be worn by all project personnel during construction activities. The Contractor will provide badges at no cost to the Owner. The Contractor will be responsible for monitoring the display of badges, including those of the personnel of all subcontractors and visitors to the project site. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 011000 Cheshire High School Gym Floor Replacement 011000-3 ALTERNATES SECTION 012300 - ALTERNATES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. 1.2 Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY A. 1.3 Section includes administrative and procedural requirements for alternates. DEFINITIONS A. Alternate: An amount proposed by bidders and stated on the Bid Form for certain work defined in the Bidding Requirements that may be added to or deducted from the base bid amount if Owner decides to accept a corresponding change either in the amount of construction to be completed or in the products, materials, equipment, systems, or installation methods described in the Contract Documents. 1. 2. 1.4 Alternates described in this Section are part of the Work only if enumerated in the Agreement. The cost or credit for each alternate is the net addition to or deduction from the Contract Sum to incorporate alternate into the Work. No other adjustments are made to the Contract Sum. PROCEDURES A. Coordination: Modify or adjust affected adjacent work as necessary to completely integrate work of the alternate into Project. 1. Include as part of each alternate, miscellaneous devices, accessory objects, and similar items incidental to or required for a complete installation whether or not indicated as part of alternate. B. Notification: Immediately following award of the Contract, notify each party involved, in writing, of the status of each alternate. Indicate if alternates have been accepted, rejected, or deferred for later consideration. Include a complete description of negotiated modifications to alternates. C. Execute accepted alternates under the same conditions as other work of the Contract. No extensions of time shall be granted for accepted alternates. D. Schedule: A schedule of alternates is included at the end of this Section. Specification Sections referenced in schedule contain requirements for materials necessary to achieve the work described under each alternate. Cheshire High School Gym Floor Replacement 012300-1 ALTERNATES PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 SCHEDULE OF ALTERNATES A. ADD ALTERNATE NO. 1: Asbestos Abatement: Add to the Base Bid the labor, material and equipment to remove all asbestos-containing flooring and associated components including but not limiting to tar, paper, etc. where indicated in the Drawings. Refer to the Asbestos Removal Project Design for additional information. Should this alternate not be accepted, Contractor will be required to work and coordinate with the Owner’s selected abatement contractor. END OF SECTION 012300 Cheshire High School Gym Floor Replacement 012300-2 SUBSTITUTION PROCEDURES SECTION 012500 - SUBSTITUTION PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. 1.2 Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY A. Section includes administrative and procedural requirements for substitutions. B. Related Sections: 1. 2. 3. 1.3 Section 012300 "Alternates" for products selected under an alternate. Section 016000 "Product Requirements" for requirements for submitting comparable product submittals for products by listed manufacturers. Divisions 02 through 49 Sections for specific requirements and limitations for substitutions. DEFINITIONS A. Substitutions: Changes in products, materials, equipment, and methods of construction from those required by the Contract Documents and proposed by Contractor. 1. 2. 1.4 Substitutions for Cause: Changes proposed by Contractor that are required due to changed Project conditions, such as unavailability of product, regulatory changes, or unavailability of required warranty terms. Substitutions for Convenience: Changes proposed by Contractor or Owner that are not required in order to meet other Project requirements but may offer advantage to Contractor or Owner. SUBMITTALS A. Substitution Requests: Submit three (3) copies of each request for consideration. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles. 1. 2. Substitution Request Form: Use CSI Form 13.1A. Documentation: Show compliance with requirements for substitutions and the following, as applicable: a. b. c. Statement indicating why specified product or fabrication or installation cannot be provided, if applicable. Coordination information, including a list of changes or modifications needed to other parts of the Work and to construction performed by Owner and separate contractors, that will be necessary to accommodate proposed substitution. Detailed comparison of significant qualities of proposed substitution with those of the Work specified. Include annotated copy of applicable specification section. Cheshire High School Gym Floor Replacement 012500-1 SUBSTITUTION PROCEDURES d. e. f. g. h. i. j. k. l. m. 3. Architect's Action: If necessary, Architect will request additional information or documentation for evaluation within seven (7) days of receipt of a request for substitution. Architect will notify Contractor of acceptance or rejection of proposed substitution within fifteen (15) days of receipt of request, or seven (7) days of receipt of additional information or documentation, whichever is later. a. b. 1.5 Significant qualities may include attributes such as performance, weight, size, durability, visual effect, sustainable design characteristics, warranties, and specific features and requirements indicated. Indicate deviations, if any, from the Work specified. Product Data, including drawings and descriptions of products and fabrication and installation procedures. Samples, where applicable or requested. Certificates and qualification data, where applicable or requested. List of similar installations for completed projects with project names and addresses and names and addresses of Architects and Owners. Material test reports from a qualified testing agency indicating and interpreting test results for compliance with requirements indicated. Research reports evidencing compliance with building code in effect for Project, from ICC-ES. Detailed comparison of Contractor's construction schedule using proposed substitution with products specified for the Work, including effect on the overall Contract Time. If specified product or method of construction cannot be provided within the Contract Time, include letter from manufacturer, on manufacturer's letterhead, stating date of receipt of purchase order, lack of availability, or delays in delivery. Cost information, including a proposal of change, if any, in the Contract Sum. Contractor's certification that proposed substitution complies with requirements in the Contract Documents except as indicated in substitution request, is compatible with related materials, and is appropriate for applications indicated. Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of failure of proposed substitution to produce indicated results. Forms of Acceptance: Change Order, Construction Change Directive, or Architect's Supplemental Instructions for minor changes in the Work. Use product specified if Architect does not issue a decision on use of a proposed substitution within time allocated. QUALITY ASSURANCE A. 1.6 Compatibility of Substitutions: Investigate and document compatibility of proposed substitution with related products and materials. Engage qualified testing agency to perform compatibility tests recommended by manufacturers. PROCEDURES A. Coordination: Modify or adjust affected work as necessary to integrate work of the approved substitutions. Cheshire High School Gym Floor Replacement 012500-2 SUBSTITUTION PROCEDURES PART 2 - PRODUCTS 2.1 SUBSTITUTIONS A. Substitutions for Cause: Submit requests for substitution immediately upon discovery of need for change, but not later than fifteen (15) days prior to time required for preparation and review of related submittals. 1. Conditions: Architect will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Architect will return requests without action, except to record noncompliance with these requirements: a. b. c. d. e. f. g. h. B. Requested substitution is consistent with the Contract Documents and will produce indicated results. Substitution request is fully documented and properly submitted. Requested substitution will not adversely affect Contractor's construction schedule. Requested substitution has received necessary approvals of authorities having jurisdiction. Requested substitution is compatible with other portions of the Work. Requested substitution has been coordinated with other portions of the Work. Requested substitution provides specified warranty. If requested substitution involves more than one (1) contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved. Substitutions for Convenience: Architect will consider requests for substitution if received within sixty (60) days after the Notice to Proceed. Requests received after that time may be considered or rejected at discretion of Architect. 1. Conditions: Architect will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Architect will return requests without action, except to record noncompliance with these requirements: a. b. c. d. e. f. g. h. Requested substitution offers Owner a substantial advantage in cost, time, energy conservation, or other considerations, after deducting additional responsibilities Owner must assume. Owner's additional responsibilities may include compensation to Architect for redesign and evaluation services, increased cost of other construction by Owner, and similar considerations. Requested substitution does not require extensive revisions to the Contract Documents. Requested substitution is consistent with the Contract Documents and will produce indicated results. Substitution request is fully documented and properly submitted. Requested substitution will not adversely affect Contractor's construction schedule. Requested substitution has received necessary approvals of authorities having jurisdiction. Requested substitution is compatible with other portions of the Work. Requested substitution has been coordinated with other portions of the Work. Cheshire High School Gym Floor Replacement 012500-3 SUBSTITUTION PROCEDURES i. j. Requested substitution provides specified warranty. If requested substitution involves more than one (1) contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved. PART 3 - EXECUTION (Not Used) END OF SECTION 012500 Cheshire High School Gym Floor Replacement 012500-4 CONTRACT MODIFICATION PROCEDURES SECTION 012600 - CONTRACT MODIFICATION PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. 1.2 Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY A. Section includes administrative and procedural requirements for handling and processing Contract modifications. B. Related Sections: 1. 1.3 Section 016000 "Product Requirements" for administrative procedures for handling requests for substitutions made after Contract award. MINOR CHANGES IN THE WORK A. 1.4 Architect will issue supplemental instructions authorizing minor changes in the Work, not involving adjustment to the Contract Sum or the Contract Time, on AIA Document G710, "Architect's Supplemental Instructions." PROPOSAL REQUESTS A. Owner-Initiated Proposal Requests: Architect will issue a detailed description of proposed changes in the Work that may require adjustment to the Contract Sum or the Contract Time. If necessary, the description will include supplemental or revised Drawings and Specifications. 1. 2. Proposal Requests issued by Architect are not instructions either to stop work in progress or to execute the proposed change. Within time specified in Proposal Request or twenty (20) days, when not otherwise specified, after receipt of Proposal Request, submit a quotation estimating cost adjustments to the Contract Sum and the Contract Time necessary to execute the change. a. b. c. d. e. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. Include costs of labor and supervision directly attributable to the change. Include an updated Contractor's construction schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. Quotation Form: Use forms acceptable to Architect. Cheshire High School Gym Floor Replacement 012600-1 CONTRACT MODIFICATION PROCEDURES B. Contractor-Initiated Proposals: If latent or changed conditions require modifications to the Contract, Contractor may initiate a claim by submitting a request for a change to the Construction Manager. 1. 2. 3. 4. 5. 6. 7. 1.5 Include a statement outlining reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and the Contract Time. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. Include costs of labor and supervision directly attributable to the change. Include an updated Contractor's construction schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. Comply with requirements in Section 012500 "Substitution Procedures" if the proposed change requires substitution of one product or system for product or system specified. Proposal Request Form: Use form acceptable to Architect. ADMINISTRATIVE CHANGE ORDERS A. 1.6 Unit Price Adjustment: Refer to Section 012200 "Unit Prices" for administrative procedures for preparation of Change Order Proposal for adjusting the Contract Sum to reflect measured scope of unit price work. CHANGE ORDER PROCEDURES A. 1.7 On Owner's approval of a Proposal Request, Architect will issue a Change Order for signatures of Owner and Contractor on AIA Document G701. CONSTRUCTION CHANGE DIRECTIVE A. Construction Change Directive: Architect may issue a Construction Change Directive on AIA Document G714. Construction Change Directive instructs Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. 1. B. Construction Change Directive contains a complete description of change in the Work. It also designates method to be followed to determine change in the Contract Sum or the Contract Time. Documentation: Maintain detailed records on a time and material basis of work required by the Construction Change Directive. 1. After completion of change, submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract. Cheshire High School Gym Floor Replacement 012600-2 CONTRACT MODIFICATION PROCEDURES PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 012600 Cheshire High School Gym Floor Replacement 012600-3 PAYMENT PROCEDURES SECTION 012900 - PAYMENT PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. 1.2 Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY A. This Section specifies administrative and procedural requirements necessary to prepare and process Applications for Payment. B. Related Sections: 1. 2. 3. 1.3 Section 012600 "Contract Modification Procedures" for administrative procedures for handling changes to the Contract. Section 013200 "Construction Progress Documentation" for administrative requirements governing the preparation and submittal of the Contractor's construction schedule. Section 013300 "Submittal Procedures" for administrative requirements governing the preparation and submittal of the submittal schedule. SCHEDULE OF VALUES A. Coordination: Coordinate preparation of the schedule of values with preparation of Contractor's construction schedule. 1. Correlate line items in the schedule of values with other required administrative forms and schedules, including the following: a. b. c. 2. B. Application for Payment forms with continuation sheets. Submittal schedule. Items required to be indicated as separate activities in Contractor's construction schedule. Submit the schedule of values to Architect at earliest possible date but no later than seven (7) days before the date scheduled for submittal of initial Applications for Payment. Format and Content: Use the Project Manual table of contents as a guide to establish line items for the schedule of values. Provide at least one (1) line item for each Specification Section. 1. Identification: Include the following Project identification on the schedule of values: a. b. c. d. e. Project name and location. Name of Architect. Architect's project number. Contractor's name and address. Date of submittal. Cheshire High School Gym Floor Replacement 012900-1 PAYMENT PROCEDURES 2. 3. 4. 5. Arrange schedule of values consistent with format of AIA Document G703. Provide a breakdown of the Contract Sum in enough detail to facilitate continued evaluation of Applications for Payment and progress reports. Coordinate with the Project Manual table of contents. Provide multiple line items for principal subcontract amounts in excess of five percent (5%) of Contract Sum. Round amounts to nearest whole dollar; total shall equal the Contract Sum. Provide a separate line item in the schedule of values for each part of the Work where Applications for Payment may include materials or equipment purchased or fabricated and stored, but not yet installed. a. 6. 7. 8. Provide separate line items in the schedule of values for initial cost of materials, for each subsequent stage of completion, and for total installed value of that part of the Work. Allowances: Provide a separate line item in the schedule of values for each allowance. Show line-item value of unit-cost allowances, as a product of the unit cost, multiplied by measured quantity. Use information indicated in the Contract Documents to determine quantities. Each item in the schedule of values and Applications for Payment shall be complete. Include total cost and proportionate share of general overhead and profit for each item. a. 9. 1.4 Differentiate between items stored on-site and items stored off-site. If required, include evidence of insurance. Temporary facilities and other major cost items that are not direct cost of actual work-in-place may be shown either as separate line items in the schedule of values or distributed as general overhead expense, at Contractor's option. Schedule Updating: Update and resubmit the schedule of values before the next Applications for Payment when Change Orders or Construction Change Directives result in a change in the Contract Sum. APPLICATIONS FOR PAYMENT A. Each Application for Payment shall be consistent with previous applications and payments as certified by Architect and paid for by Owner. 1. Initial Application for Payment, Application for Payment at time of Substantial Completion, and final Application for Payment involve additional requirements. B. Payment Application Times: The date for each progress payment is indicated in the Agreement between Owner and Contractor. The period of construction work covered by each Application for Payment is the period indicated in the Agreement. C. Application for Payment Forms: Use AIA Document G702 and AIA Document G703 as form for Applications for Payment. D. Application Preparation: Complete every entry on form. Notarize and execute by a person authorized to sign legal documents on behalf of Contractor. Architect will return incomplete applications without action. 1. Entries shall match data on the schedule of values and Contractor's construction schedule. Use updated schedules if revisions were made. Cheshire High School Gym Floor Replacement 012900-2 PAYMENT PROCEDURES 2. 3. 4. E. Include amounts for work completed following previous Application for Payment, whether or not payment has been received. Include only amounts for work completed at time of Application for Payment. Include amounts of Change Orders and Construction Change Directives issued before last day of construction period covered by application. Indicate separate amounts for work being carried out under Owner-requested project acceleration. Stored Materials: Include in Application for Payment amounts applied for materials or equipment purchased or fabricated and stored, but not yet installed. Differentiate between items stored on-site and items stored off-site. 1. 2. 3. Provide certificate of insurance, evidence of transfer of title to Owner, and consent of surety to payment, for stored materials. Provide supporting documentation that verifies amount requested, such as paid invoices. Match amount requested with amounts indicated on documentation; do not include overhead and profit on stored materials. Provide summary documentation for stored materials indicating the following: a. b. c. d. F. Transmittal: Submit three (3) signed and notarized original copies of each Application for Payment to Architect by a method ensuring receipt within twenty-four (24) hours. One (1) copy shall include waivers of lien and similar attachments if required. 1. G. Transmit each copy with a transmittal form listing attachments and recording appropriate information about application. Waivers of Mechanic's Lien: With each Application for Payment, submit waivers of mechanic's liens from subcontractors, sub-subcontractors, and suppliers for construction period covered by the previous application. 1. 2. 3. 4. 5. H. Materials previously stored and included in previous Applications for Payment. Work completed for this Application utilizing previously stored materials. Additional materials stored with this Application. Total materials remaining stored, including materials with this Application. Submit partial waivers on each item for amount requested in previous application, after deduction for retainage, on each item. When an application shows completion of an item, submit conditional final or full waivers. Owner reserves the right to designate which entities involved in the Work must submit waivers. Submit final Application for Payment with or preceded by conditional final waivers from every entity involved with performance of the Work covered by the application who is lawfully entitled to a lien. Waiver Forms: Submit waivers of lien on forms, executed in a manner acceptable to Owner. Initial Application for Payment: Administrative actions and submittals that must precede or coincide with submittal of first Application for Payment include the following: 1. List of subcontractors. Cheshire High School Gym Floor Replacement 012900-3 PAYMENT PROCEDURES 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. I. Application for Payment at Substantial Completion: After issuing the Certificate of Substantial Completion, submit an Application for Payment showing one hundred percent (100%) completion for portion of the Work claimed as substantially complete. 1. 2. J. Schedule of values. Contractor's construction schedule (preliminary if not final). Products list (preliminary if not final). Schedule of unit prices. Submittal schedule (preliminary if not final). List of Contractor's staff assignments. List of Contractor's principal consultants. Copies of building permits. Copies of authorizations and licenses from authorities having jurisdiction for performance of the Work. Initial progress report. Report of preconstruction conference. Certificates of insurance and insurance policies. Performance and payment bonds. Data needed to acquire Owner's insurance. Include documentation supporting claim that the Work is substantially complete and a statement showing an accounting of changes to the Contract Sum. This application shall reflect Certificates of Partial Substantial Completion issued previously for Owner occupancy of designated portions of the Work. Final Payment Application: Submit final Application for Payment with releases and supporting documentation not previously submitted and accepted, including, but not limited, to the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. Evidence of completion of Project closeout requirements. Insurance certificates for products and completed operations where required and proof that taxes, fees, and similar obligations were paid. Updated final statement, accounting for final changes to the Contract Sum. AIA Document G706, "Contractor's Affidavit of Payment of Debts and Claims." AIA Document G706A, "Contractor's Affidavit of Release of Liens." AIA Document G707, "Consent of Surety to Final Payment." Evidence that claims have been settled. Final meter readings for utilities, a measured record of stored fuel, and similar data as of date of Substantial Completion or when Owner took possession of and assumed responsibility for corresponding elements of the Work. Final liquidated damages settlement statement. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 012900 Cheshire High School Gym Floor Replacement 012900-4 PROJECT MANAGEMENT AND COORDINATION SECTION 013100 - PROJECT MANAGEMENT AND COORDINATION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. 1.2 Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY A. Section includes administrative provisions for coordinating construction operations on Project including, but not limited to, the following: 1. 2. 3. 4. 5. 6. General project coordination procedures. Administrative and supervisory personnel. Coordination drawings. Requests for Information (RFIs). Project Web site. Project meetings. B. Each contractor shall participate in coordination requirements. Certain areas of responsibility are assigned to a specific contractor. C. Related Sections: 1. 2. 3. 1.3 Section 013200 "Construction Progress Documentation" for preparing and submitting Contractor's construction schedule. Section 017300 "Execution" for procedures for coordinating general installation and field-engineering services, including establishment of benchmarks and control points. Section 017700 "Closeout Procedures" for coordinating closeout of the Contract. DEFINITIONS A. 1.4 RFI: Request from Owner, Architect, or Contractor seeking information from each other during construction. COORDINATION A. Coordination: Coordinate construction operations included in different Sections of the Specifications to ensure efficient and orderly installation of each part of the Work. Coordinate construction operations, included in different Sections, that depend on each other for proper installation, connection, and operation. 1. 2. 3. Schedule construction operations in sequence required to obtain the best results where installation of one (1) part of the Work depends on installation of other components, before or after its own installation. Coordinate installation of different components to ensure maximum performance and accessibility for required maintenance, service, and repair. Make adequate provisions to accommodate items scheduled for later installation. Cheshire High School Gym Floor Replacement 013100-1 PROJECT MANAGEMENT AND COORDINATION B. Prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required notices, reports, and list of attendees at meetings. 1. C. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities to avoid conflicts and to ensure orderly progress of the Work. Such administrative activities include, but are not limited to, the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. D. Preparation of Contractor's construction schedule. Preparation of the schedule of values. Installation and removal of temporary facilities and controls. Delivery and processing of submittals. Progress meetings. Pre-installation conferences. Project closeout activities. Startup and adjustment of systems. Project closeout activities. Conservation: Coordinate construction activities to ensure that operations are carried out with consideration given to conservation of energy, water, and materials. Coordinate use of temporary utilities to minimize waste. 1. 1.5 Prepare similar memoranda for Owner and separate Contractors if coordination of their Work is required. Salvage materials and equipment involved in performance of, but not actually incorporated into, the Work. Refer to other Sections for disposition of salvaged materials that are designated as Owner's property. COORDINATION DRAWINGS A. Coordination Drawings, General: Prepare coordination drawings in accordance with requirements in individual Sections, where installation is not completely shown on Shop Drawings, where limited space availability necessitates coordination, or if coordination is required to facilitate integration of products and materials fabricated or installed by more than one entity. 1. Content: Project-specific information, drawn accurately to a scale large enough to indicate and resolve conflicts. Do not base coordination drawings on standard printed data. Include the following information, as applicable: a. b. c. Use applicable Drawings as a basis for preparation of coordination drawings. Prepare sections, elevations, and details as needed to describe relationship of various systems and components. Coordinate the addition of trade-specific information to the coordination drawings by multiple Contractors in a sequence that best provides for coordination of the information and resolution of conflicts between installed components before submitting for review. Indicate functional and spatial relationships of components of architectural, structural, civil, mechanical, and electrical systems. Cheshire High School Gym Floor Replacement 013100-2 PROJECT MANAGEMENT AND COORDINATION d. e. f. g. B. Indicate space requirements for routine maintenance and for anticipated replacement of components during the life of the installation. Show location and size of access doors required for access to concealed dampers, valves, and other controls. Indicate required installation sequences. Indicate dimensions shown on the Drawings. Specifically note dimensions that appear to be in conflict with submitted equipment and minimum clearance requirements. Provide alternate sketches to Architect indicating proposed resolution of such conflicts. Minor dimension changes and difficult installations will not be considered changes to the Contract. Coordination Drawing Organization: Organize coordination drawings as follows: 1. 2. 3. 4. 5. 6. Floor Plans and Reflected Ceiling Plans: Show architectural and structural elements, and mechanical, plumbing, fire protection, fire alarm, and electrical Work. Show locations of visible ceiling-mounted devices relative to acoustical ceiling grid. Supplement plan drawings with section drawings where required to adequately represent the Work. Plenum Space: Indicate subframing for support of ceiling and wall systems, mechanical and electrical equipment, and related Work. Locate components within ceiling plenum to accommodate layout of light fixtures indicated on Drawings. Indicate areas of conflict between light fixtures and other components. Mechanical Rooms: Provide coordination drawings for mechanical rooms showing plans and elevations of mechanical, plumbing, fire protection, fire alarm, and electrical equipment. Structural Penetrations: Indicate penetrations and openings required for all disciplines. Slab Edge and Embedded Items: Indicate slab edge locations and sizes and locations of embedded items for metal fabrications, sleeves, anchor bolts, bearing plates, angles, door floor closers, slab depressions for floor finishes, curbs and housekeeping pads, and similar items. Mechanical and Plumbing Work: Show the following: a. b. c. 7. Electrical Work: Show the following: a. b. c. d. 8. Sizes and bottom elevations of ductwork, piping, and conduit runs, including insulation, bracing, flanges, and support systems. Dimensions of major components, such as dampers, valves, diffusers, access doors, cleanouts and electrical distribution equipment. Fire-rated enclosures around ductwork. Runs of vertical and horizontal conduit 1¼ inch diameter and larger. Light fixture, exit light, emergency battery pack, smoke detector, and other fire alarm locations. Panel board, switch board, switchgear, transformer, busway, generator, and motor control center locations. Location of pull boxes and junction boxes, dimensioned from column center lines. Fire Protection System: Show the following: a. Locations of standpipes, mains piping, branch lines, pipe drops, and sprinkler heads. Cheshire High School Gym Floor Replacement 013100-3 PROJECT MANAGEMENT AND COORDINATION 9. 10. 1.6 Review: Architect will review coordination drawings to confirm that the Work is being coordinated, but not for the details of the coordination, which are the Contractor's responsibility. If the Architect determines that the coordination drawings are not being prepared in sufficient scope or detail, or are otherwise deficient, the Architect will so inform the Contractor, who shall make changes as directed and resubmit. Coordination Drawing Prints: Prepare coordination drawing prints in accordance with requirements of Section 013300 "Submittal Procedures." KEY PERSONNEL A. Key Personnel Names: Within fifteen (15) days of starting construction operations, submit a list of key personnel assignments, including superintendent and other personnel in attendance at Project site. Identify individuals and their duties and responsibilities; list addresses and telephone numbers, including home, office, and cellular telephone numbers and email addresses. Provide names, addresses, and telephone numbers of individuals assigned as standbys in the absence of individuals assigned to Project. 1. 1.7 Post copies of list in project meeting room, in temporary field office, and by each temporary telephone. Keep list current at all times. REQUESTS FOR INFORMATION (RFIs) A. General: Immediately on discovery of the need for additional information or interpretation of the Contract Documents, Contractor shall prepare and submit an RFI in the form specified. 1. 2. B. Architect will return RFIs submitted to Architect by other entities controlled by Contractor with no response. Coordinate and submit RFIs in a prompt manner so as to avoid delays in Contractor's work or work of subcontractors. Content of the RFI: Include a detailed, legible description of item needing information or interpretation and the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Project name. Project number. Date. Name of Contractor. Name of Architect. RFI number, numbered sequentially. RFI subject. Specification Section number and title and related paragraphs, as appropriate. Drawing number and detail references, as appropriate. Field dimensions and conditions, as appropriate. Contractor's suggested resolution. If Contractor's solution(s) impacts the Contract Time or the Contract Sum, Contractor shall state impact in the RFI. Contractor's signature. Attachments: Include sketches, descriptions, measurements, photos, Product Data, Shop Drawings, coordination drawings, and other information necessary to fully describe items needing interpretation. Cheshire High School Gym Floor Replacement 013100-4 PROJECT MANAGEMENT AND COORDINATION a. Include dimensions, thicknesses, structural grid references, and details of affected materials, assemblies, and attachments on attached sketches. C. RFI Forms: AIA Document G716. D. Architect's Action: Architect will review each RFI, determine action required, and respond. Allow seven (7) working days for Architect's response for each RFI. RFIs received by Architect after 1:00 p.m. will be considered as received the following working day. 1. The following RFIs will be returned without action: a. b. c. d. e. f. 2. 3. Requests for approval of submittals. Requests for approval of substitutions. Requests for coordination information already indicated in the Contract Documents. Requests for adjustments in the Contract Time or the Contract Sum. Requests for interpretation of Architect's actions on submittals. Incomplete RFIs or inaccurately prepared RFIs. Architect's action may include a request for additional information, in which case Architect's time for response will date from time of receipt of additional information. Architect's action on RFIs that may result in a change to the Contract Time or the Contract Sum may be eligible for Contractor to submit Change Proposal according to Section 012600 "Contract Modification Procedures." a. If Contractor believes the RFI response warrants change in the Contract Time or the Contract Sum, notify Architect in writing within ten (10) days of receipt of the RFI response. E. On receipt of Architect's action, update the RFI log and immediately distribute the RFI response to affected parties. Review response and notify Architect within seven (7) days if Contractor disagrees with response. F. RFI Log: Prepare, maintain, and submit a tabular log of RFIs organized by the RFI number. Submit log weekly. Include the following: 1. 2. 3. 4. 5. 6. 7. 8. 1.8 Project name. Name and address of Contractor. Name and address of Architect. RFI number including RFIs that were dropped and not submitted. RFI description. Date the RFI was submitted. Date Architect's response was received. Identification of related Minor Change in the Work, Construction Change Directive, and Proposal Request, as appropriate. PROJECT MEETINGS A. General: Schedule and conduct meetings and conferences at Project site, unless otherwise indicated. Cheshire High School Gym Floor Replacement 013100-5 PROJECT MANAGEMENT AND COORDINATION 1. 2. 3. B. Attendees: Inform participants and others involved, and individuals whose presence is required, of date and time of each meeting. Notify Owner and Architect of scheduled meeting dates and times. Agenda: Prepare the meeting agenda. Distribute the agenda to all invited attendees. Minutes: Entity responsible for conducting meeting will record significant discussions and agreements achieved. Distribute the meeting minutes to everyone concerned, including Owner, and Architect, within three (3) days of the meeting. Preconstruction Conference: Schedule and conduct a preconstruction conference before starting construction, at a time convenient to Owner and Architect, but no later than fifteen (15) days after execution of the Agreement. 1. 2. 3. Conduct the conference to review responsibilities and personnel assignments. Attendees: Authorized representatives of Owner, Construction Administrator, Architect, and their consultants; Contractor and its superintendent; major subcontractors; suppliers; and other concerned parties shall attend the conference. Participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work. Agenda: Discuss items of significance that could affect progress, including the following: a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. q. r. s. t. u. v. w. x. y. z. 4. Tentative construction schedule. Phasing. Critical work sequencing and long-lead items. Designation of key personnel and their duties. Lines of communications. Procedures for processing field decisions and Change Orders. Procedures for RFIs. Procedures for testing and inspecting. Procedures for processing Applications for Payment. Distribution of the Contract Documents. Submittal procedures. Sustainable design requirements. Preparation of record documents. Work restrictions. Working hours. Owner's occupancy requirements. Responsibility for temporary facilities and controls. Procedures for moisture and mold control. Procedures for disruptions and shutdowns. Construction waste management and recycling. Parking availability. Office, work, and storage areas. Equipment deliveries and priorities. First aid. Security. Progress cleaning. Minutes: Entity responsible for conducting meeting will record and distribute meeting minutes. Cheshire High School Gym Floor Replacement 013100-6 PROJECT MANAGEMENT AND COORDINATION C. Preinstallation Conferences: Conduct a preinstallation conference at Project site before each construction activity that requires coordination with other construction. 1. 2. Attendees: Installer and representatives of manufacturers and fabricators involved in or affected by the installation and its coordination or integration with other materials and installations that have preceded or will follow, shall attend the meeting. Advise Architect of scheduled meeting dates. Agenda: Review progress of other construction activities and preparations for the particular activity under consideration, including requirements for the following: a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. q. r. s. t. u. v. w. x. y. 3. 4. 5. D. Contract Documents. Options. Related RFIs. Related Change Orders. Purchases. Deliveries. Submittals. Review of mockups. Possible conflicts. Compatibility problems. Time schedules. Weather limitations. Manufacturer's written recommendations. Warranty requirements. Compatibility of materials. Acceptability of substrates. Temporary facilities and controls. Space and access limitations. Regulations of authorities having jurisdiction. Testing and inspecting requirements. Installation procedures. Coordination with other work. Required performance results. Protection of adjacent work. Protection of construction and personnel. Record significant conference discussions, agreements, and disagreements, including required corrective measures and actions. Reporting: Distribute minutes of the meeting to each party present and to other parties requiring information. Do not proceed with installation if the conference cannot be successfully concluded. Initiate whatever actions are necessary to resolve impediments to performance of the Work and reconvene the conference at earliest feasible date. Project Closeout Conference: Schedule and conduct a Project closeout conference, at a time convenient to Owner and Architect, but no later than thirty (30) days prior to the scheduled date of Substantial Completion. 1. Conduct the conference to review requirements and responsibilities related to Project closeout. Cheshire High School Gym Floor Replacement 013100-7 PROJECT MANAGEMENT AND COORDINATION 2. 3. Attendees: Authorized representatives of Owner, Architect, and their consultants; Contractor and its superintendent; major subcontractors; suppliers; and other concerned parties shall attend the meeting. Participants at the meeting shall be familiar with Project and authorized to conclude matters relating to the Work. Agenda: Discuss items of significance that could affect or delay Project closeout, including the following: a. b. c. d. e. f. g. h. i. j. k. 4. E. Preparation of record documents. Procedures required prior to inspection for Substantial Completion and for final inspection for acceptance. Submittal of written warranties. Requirements for preparing sustainable design documentation. Requirements for preparing operations and maintenance data. Requirements for demonstration and training. Preparation of Contractor's punch list. Procedures for processing Applications for Payment at Substantial Completion and for final payment. Submittal procedures. Installation of Owner's furniture, fixtures, and equipment. Responsibility for removing temporary facilities and controls. Minutes: Entity conducting meeting will record and distribute meeting minutes. Progress Meetings: Conduct progress meetings at biweekly intervals. 1. 2. 3. Coordinate dates of meetings with preparation of payment requests. Attendees: In addition to representatives of Owner and Architect, each Contractor, subcontractor, supplier, and other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the meeting shall be familiar with Project and authorized to conclude matters relating to the Work. Agenda: Review and correct or approve minutes of previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project. a. Contractor's Construction Schedule: Review progress since the last meeting. Determine whether each activity is on time, ahead of schedule, or behind schedule, in relation to Contractor's construction schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. 1) b. Review schedule for next period. Review present and future needs of each entity present, including the following: 1) 2) 3) 4) 5) Interface requirements. Sequence of operations. Status of submittals. Deliveries. Off-site fabrication. Cheshire High School Gym Floor Replacement 013100-8 PROJECT MANAGEMENT AND COORDINATION 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 4. Minutes: Entity responsible for conducting the meeting will record and distribute the meeting minutes to each party present and to parties requiring information. a. F. Access. Site utilization. Temporary facilities and controls. Progress cleaning. Quality and work standards. Status of correction of deficient items. Field observations. Status of RFIs. Status of proposal requests. Pending changes. Status of Change Orders. Pending claims and disputes. Documentation of information for payment requests. Schedule Updating: Revise Contractor's construction schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue revised schedule concurrently with the report of each meeting. Coordination Meetings: Conduct Project coordination meetings at required intervals. Project coordination meetings are in addition to specific meetings held for other purposes, such as progress meetings and preinstallation conferences. 1. Agenda: Review and correct or approve minutes of the previous coordination meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project. a. b. c. Combined Contractor's Construction Schedule: Review progress since the last coordination meeting. Determine whether each contract is on time, ahead of schedule, or behind schedule, in relation to combined Contractor's construction schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. Schedule Updating: Revise combined Contractor's construction schedule after each coordination meeting where revisions to the schedule have been made or recognized. Issue revised schedule concurrently with report of each meeting. Review present and future needs of each contractor present, including the following: 1) 2) 3) 4) 5) 6) 7) 8) 9) Interface requirements. Sequence of operations. Status of submittals. Deliveries. Off-site fabrication. Access. Site utilization. Temporary facilities and controls. Work hours. Cheshire High School Gym Floor Replacement 013100-9 PROJECT MANAGEMENT AND COORDINATION 10) 11) 12) 13) 2. Hazards and risks. Progress cleaning. Quality and work standards. Change Orders. Reporting: Record meeting results and distribute copies to everyone in attendance and to others affected by decisions or actions resulting from each meeting. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 013100 Cheshire High School Gym Floor Replacement 013100-10 CONSTRUCTION PROGRESS DOCUMENTATION SECTION 013200 - CONSTRUCTION PROGRESS DOCUMENTATION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. 1.2 Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY A. Section includes administrative and procedural requirements for documenting the progress of construction during performance of the Work, including the following: 1. 2. 3. 4. 5. 6. B. Related Sections: 1. 2. 1.3 Start-up construction schedule. Contractor's construction schedule. Daily construction reports. Material location reports. Field condition reports. Special reports. Section 013300 "Submittal Procedures" for submitting schedules and reports. Section 014000 "Quality Requirements" for submitting a schedule of tests and inspections. DEFINITIONS A. Activity: A discrete part of a project that can be identified for planning, scheduling, monitoring, and controlling the construction project. Activities included in a construction schedule consume time and resources. 1. 2. 3. Critical Activity: An activity on the critical path that must start and finish on the planned early start and finish times. Predecessor Activity: An activity that precedes another activity in the network. Successor Activity: An activity that follows another activity in the network. B. Cost Loading: The allocation of the schedule of values for the completion of an activity as scheduled. The sum of costs for all activities must equal the total Contract Sum, unless otherwise approved by Architect. C. Critical Path: The longest connected chain of interdependent activities through the network schedule that establishes the minimum overall Project duration and contains no float. D. Event: The starting or ending point of an activity. E. Float: The measure of leeway in starting and completing an activity. Cheshire High School Gym Floor Replacement 013200-1 CONSTRUCTION PROGRESS DOCUMENTATION 1. 2. 3. F. 1.4 Float time is not for the exclusive use or benefit of either Owner or Contractor, but is a jointly owned, expiring Project resource available to both parties as needed to meet schedule milestones and Contract completion date. Free float is the amount of time an activity can be delayed without adversely affecting the early start of the successor activity. Total float is the measure of leeway in starting or completing an activity without adversely affecting the planned Project completion date. Resource Loading: The allocation of manpower and equipment necessary for the completion of an activity as scheduled. INFORMATIONAL SUBMITTALS A. Format for Submittals: Submit required submittals in the following format: 1. B. PDF electronic file. Start-up construction schedule. 1. Approval of cost-loaded start-up construction schedule will not constitute approval of schedule of values for cost-loaded activities. C. Start-up Network Diagram: Of size required to display entire network for entire construction period. Show logic ties for activities. D. Contractor's Construction Schedule: Initial schedule, of size required to display entire schedule for entire construction period. 1. Submit a working electronic copy of schedule, using software indicated, and labeled to comply with requirements for submittals. Include type of schedule (initial or updated) and date on label. E. Daily Construction Reports: Submit at weekly intervals. F. Material Location Reports: Submit at weekly intervals. G. Field Condition Reports: Submit at time of discovery of differing conditions. H. Special Reports: Submit at time of unusual event. I. Qualification Data: For scheduling consultant. 1.5 QUALITY ASSURANCE A. Prescheduling Conference: Conduct conference at Project site to comply with requirements in Section 013100 "Project Management and Coordination." Review methods and procedures related to the preliminary construction schedule and Contractor's construction schedule, including, but not limited to, the following: 1. 2. 3. Review software limitations and content and format for reports. Verify availability of qualified personnel needed to develop and update schedule. Discuss constraints, including phasing, work stages and area separations. Cheshire High School Gym Floor Replacement 013200-2 CONSTRUCTION PROGRESS DOCUMENTATION 4. 5. 6. 7. 8. 9. 10. 11. 1.6 Review delivery dates for Owner-furnished products. Review schedule for work of Owner's separate contracts. Review time required for review of submittals and resubmittals. Review requirements for tests and inspections by independent testing and inspecting agencies. Review time required for completion and startup procedures. Review and finalize list of construction activities to be included in schedule. Review submittal requirements and procedures. Review procedures for updating schedule. COORDINATION A. Coordinate preparation and processing of schedules and reports with performance of construction activities and with scheduling and reporting of separate contractors. B. Coordinate Contractor's construction schedule with the schedule of values, list of subcontracts, submittal schedule, progress reports, payment requests, and other required schedules and reports. 1. 2. Secure time commitments for performing critical elements of the Work from entities involved. Coordinate each construction activity in the network with other activities and schedule them in proper sequence. PART 2 - PRODUCTS 2.1 CONTRACTOR'S CONSTRUCTION SCHEDULE, GENERAL A. Time Frame: Extend schedule from date established for the Notice to Proceed to date of Substantial Completion. 1. B. Contract completion date shall not be changed by submission of a schedule that shows an early completion date, unless specifically authorized by Change Order. Activities: Treat each story or separate area as a separate numbered activity for each principal element of the Work. Comply with the following: 1. 2. 3. 4. 5. Activity Duration: Define activities so no activity is longer than twenty (20) days, unless specifically allowed by Architect. Procurement Activities: Include procurement process activities for the following long lead items and major items, requiring a cycle of more than sixty (60) days, as separate activities in schedule. Procurement cycle activities include, but are not limited to, submittals, approvals, purchasing, fabrication, and delivery. Submittal Review Time: Include review and resubmittal times indicated in Section 013300 "Submittal Procedures" in schedule. Coordinate submittal review times in Contractor's construction schedule with submittal schedule. Startup and Testing Time: Include not less than fifteen (15) days for startup and testing. Substantial Completion: Indicate completion in advance of date established for Substantial Completion, and allow time for Architect's and Construction Manager’s administrative procedures necessary for certification of Substantial Completion. Cheshire High School Gym Floor Replacement 013200-3 CONSTRUCTION PROGRESS DOCUMENTATION 6. C. Punch List and Final Completion: Include not more than thirty (30) days for punch list and final completion. Constraints: Include constraints and work restrictions indicated in the Contract Documents and as follows in schedule, and show how the sequence of the Work is affected. 1. 2. Phasing: Arrange list of activities on schedule by phase. Work Restrictions: Show the effect of the following items on the schedule: a. b. c. d. e. f. 3. Work Stages: Indicate important stages of construction for each major portion of the Work, including, but not limited to, the following: a. b. c. d. e. f. g. h. i. j. k. l. 4. Coordination with existing construction. Uninterruptible services. Use of premises restrictions. Provisions for future construction. Seasonal variations. Environmental control. Subcontract awards. Submittals. Purchases. Mockups. Fabrication. Sample testing. Deliveries. Installation. Tests and inspections. Adjusting. Curing. Startup and placement into final use and operation. Construction Areas: Identify each major area of construction for each major portion of the Work. Indicate where each construction activity within a major area must be sequenced or integrated with other construction activities to provide for the following: a. b. c. d. e. Structural completion. Permanent space enclosure. Completion of mechanical installation. Completion of electrical installation. Substantial Completion. D. Milestones: Include milestones indicated in the Contract Documents in schedule, including, but not limited to, the Notice to Proceed, Substantial Completion, and final completion. E. Cost Correlation: At the head of schedule, provide a cost correlation line, indicating planned and actual costs. On the line, show dollar volume of the Work performed as of dates used for preparation of payment requests. 1. Refer to Section 012900 "Payment Procedures" for cost reporting and payment procedures. Cheshire High School Gym Floor Replacement 013200-4 CONSTRUCTION PROGRESS DOCUMENTATION F. Upcoming Work Summary: Prepare summary report indicating activities scheduled to occur or commence prior to submittal of next schedule update. Summarize the following issues: 1. 2. 3. 4. Unresolved issues. Unanswered RFIs. Rejected or unreturned submittals. Notations on returned submittals. G. Recovery Schedule: When periodic update indicates the Work is fourteen (14) or more calendar days behind the current approved schedule, submit a separate recovery schedule indicating means by which Contractor intends to regain compliance with the schedule. Indicate changes to working hours, working days, crew sizes, and equipment required to achieve compliance, and date by which recovery will be accomplished. H. Computer Scheduling Software: Prepare schedules using current version of a program that has been developed specifically to manage construction schedules. 1. 2.2 Utilize Microsoft Project, for Windows XP operating system. START-UP CONSTRUCTION SCHEDULE A. Bar-Chart Schedule: Submit start-up horizontal bar-chart-type construction schedule within seven (7) days of date established for the Notice to Proceed. B. Preparation: Indicate each significant construction activity separately. Identify first workday of each week with a continuous vertical line. Outline significant construction activities for first ninety (90) days of construction. Include skeleton diagram for the remainder of the Work and a cash requirement prediction based on indicated activities. 2.3 CONTRACTOR'S CONSTRUCTION SCHEDULE (GANTT CHART) A. Gantt-Chart Schedule: Submit a comprehensive, fully developed, horizontal Gantt-chart-type, Contractor's construction schedule within thirty (30) days of date established for the Notice to Proceed. Base schedule on the start-up construction schedule and additional information received since the start of Project. B. Preparation: Indicate each significant construction activity separately. Identify first workday of each week with a continuous vertical line. 1. 2.4 For construction activities that require three months or longer to complete, indicate an estimated completion percentage in ten percent (10%) increments within time bar. REPORTS A. Daily Construction Reports: Prepare a daily construction report recording the following information concerning events at Project site: 1. 2. 3. 4. List of subcontractors at Project site. List of separate contractors at Project site. Approximate count of personnel at Project site. Equipment at Project site. Cheshire High School Gym Floor Replacement 013200-5 CONSTRUCTION PROGRESS DOCUMENTATION 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Material deliveries. High and low temperatures and general weather conditions, including presence of rain or snow. Accidents. Meetings and significant decisions. Unusual events (refer to special reports). Stoppages, delays, shortages, and losses. Meter readings and similar recordings. Emergency procedures. Orders and requests of authorities having jurisdiction. Change Orders received and implemented. Construction Change Directives received and implemented. Services connected and disconnected. Partial completions and occupancies. Substantial Completions authorized. B. Material Location Reports: At weekly intervals, prepare and submit a comprehensive list of materials delivered to and stored at Project site. List shall be cumulative, showing materials previously reported plus items recently delivered. Include with list a statement of progress on and delivery dates for materials or items of equipment fabricated or stored away from Project site. C. Field Condition Reports: Immediately on discovery of a difference between field conditions and the Contract Documents, prepare and submit a detailed report. Submit with a Request for Information. Include a detailed description of the differing conditions, together with recommendations for changing the Contract Documents. 2.5 SPECIAL REPORTS A. General: Submit special reports directly to Owner within one (1) day of an occurrence. Distribute copies of report to parties affected by the occurrence. B. Reporting Unusual Events: When an event of an unusual and significant nature occurs at Project site, whether or not related directly to the Work, prepare and submit a special report. List chain of events, persons participating, response by Contractor's personnel, evaluation of results or effects, and similar pertinent information. Advise Owner in advance when these events are known or predictable. PART 3 - EXECUTION 3.1 CONTRACTOR'S CONSTRUCTION SCHEDULE A. Contractor's Construction Schedule Updating: At monthly intervals, update schedule to reflect actual construction progress and activities. Issue schedule one (1) week before each regularly scheduled progress meeting. 1. Revise schedule immediately after each meeting or other activity where revisions have been recognized or made. Issue updated schedule concurrently with the report of each such meeting. Cheshire High School Gym Floor Replacement 013200-6 CONSTRUCTION PROGRESS DOCUMENTATION 2. 3. B. Include a report with updated schedule that indicates every change, including, but not limited to, changes in logic, durations, actual starts and finishes, and activity durations. As the Work progresses, indicate final completion percentage for each activity. Distribution: Distribute copies of approved schedule to Architect, Construction Administrator, Owner, separate contractors, testing and inspecting agencies, and other parties identified by Contractor with a need-to-know schedule responsibility. 1. 2. Post copies in Project meeting rooms and temporary field offices. When revisions are made, distribute updated schedules to the same parties and post in the same locations. Delete parties from distribution when they have completed their assigned portion of the Work and are no longer involved in performance of construction activities. END OF SECTION 013200 Cheshire High School Gym Floor Replacement 013200-7 PHOTOGRAPHIC DOCUMENTATION SECTION 013233 - PHOTOGRAPHIC DOCUMENTATION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. 1.2 Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY A. Section includes administrative and procedural requirements for the following: 1. B. Periodic construction photographs. Related Sections: 1. 2. Section 013300 "Submittal Procedures" for submitting photographic documentation. Section 017700 "Closeout Procedures" for submitting photographic documentation as project record documents at Project closeout. PART 2 - PRODUCTS 2.1 PHOTOGRAPHIC MEDIA A. Digital Images: Provide images in JPG format, produced by a digital camera with minimum sensor size of eight (8) megapixels, and at an image resolution of not less than 1600 by 1200 pixels and 400 dpi. PART 3 - EXECUTION 3.1 CONSTRUCTION PHOTOGRAPHS A. General: Take photographs using the maximum range of depth of field, and that are in focus, to clearly show the Work. Photographs with blurry or out-of-focus areas will not be accepted. 1. B. Maintain key plan with each set of construction photographs that identifies each photographic location. Digital Images: Submit digital images exactly as originally recorded in the digital camera, without alteration, manipulation, editing, or modifications using image-editing software. 1. 2. Date and Time: Include date and time in file name for each image. Field Office Images: Maintain one set of images accessible in the field office at Project site, available at all times for reference. Identify images in the same manner as those submitted to Architect. Cheshire High School Gym Floor Replacement 013233-1 PHOTOGRAPHIC DOCUMENTATION C. Periodic Construction Photographs: Take eighteen to twenty (18-20) photographs weekly, with timing each month adjusted to coincide with the cutoff date associated with each Application for Payment. Select vantage points to show status of construction and progress since last photographs were taken. D. Additional Photographs: Architect or Construction Manager may request photographs in addition to periodic photographs specified. 1. 2. In emergency situations, take additional photographs within twenty-four (24) hours of request. Circumstances that could require additional photographs include, but are not limited to, the following: a. b. Immediate follow-up when on-site events result in construction damage or losses. Substantial Completion of a major phase or component of the Work. END OF SECTION 013233 Cheshire High School Gym Floor Replacement 013233-2 SUBMITTAL PROCEDURES SECTION 013300 - SUBMITTAL PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. 1.2 Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY A. Section includes requirements for the submittal schedule and administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other submittals. B. Related Sections: 1. 2. 3. 4. 1.3 Section 012900 "Payment Procedures" for submitting Applications for Payment and the schedule of values. Section 013200 "Construction Progress Documentation" for submitting schedules and reports, including Contractor's construction schedule. Section 017823 "Operation and Maintenance Data" for submitting operation and maintenance manuals. Section 017839 "Project Record Documents" for submitting record Drawings, record Specifications, and record Product Data. DEFINITIONS A. Action Submittals: Written and graphic information and physical samples that require Architect's responsive action. Action submittals are those submittals indicated in individual Specification Sections as action submittals. B. Informational Submittals: Written and graphic information and physical samples that do not require Architect's responsive action. Submittals may be rejected for not complying with requirements. Informational submittals are those submittals indicated in individual Specification Sections as informational submittals. C. File Transfer Protocol (FTP): Communications protocol that enables transfer of files to and from another computer over a network and that serves as the basis for standard Internet protocols. An FTP site is a portion of a network located outside of network firewalls within which internal and external users are able to access files. D. Portable Document Format (PDF): An open standard file format licensed by Adobe Systems used for representing documents in a device-independent and display resolution-independent fixed-layout document format. 1.4 ACTION SUBMITTALS A. Submittal Schedule: Submit a schedule of submittals, arranged in chronological order by dates required by construction schedule. Include time required for review, ordering, manufacturing, fabrication, and delivery when establishing dates. Include additional time required for making Cheshire High School Gym Floor Replacement 013300-1 SUBMITTAL PROCEDURES corrections or modifications to submittals noted by the Architect and additional time for handling and reviewing submittals required by those corrections. 1. 2. 3. Coordinate submittal schedule with list of subcontracts, the schedule of values, and Contractor's construction schedule. Initial Submittal: Submit concurrently with start-up construction schedule. Include submittals required during the first sixty (60) days of construction. List those submittals required to maintain orderly progress of the Work and those required early because of long lead time for manufacture or fabrication. Final Submittal: Submit concurrently with the first complete submittal of Contractor's construction schedule. a. 4. Format: Arrange the following information in a tabular format: a. b. c. d. e. f. g. h. 1.5 Submit revised submittal schedule to reflect changes in current status and timing for submittals. Scheduled date for first submittal. Specification Section number and title. Submittal Category: Action, informational. Name of subcontractor. Description of the Work covered. Scheduled date for Architect's final release or approval. Scheduled dates for purchasing. Scheduled dates for installation. SUBMITTAL ADMINISTRATIVE REQUIREMENTS A. Architect's Digital Data Files: Electronic copies of CAD Drawings of the Contract Drawings will not be provided by Architect for Contractor's use in preparing submittals unless requested and Architect’s user agreement properly completed. B. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. 1. 2. 3. 4. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. Submit all submittal items required for each Specification Section concurrently unless partial submittals for portions of the Work are indicated on approved submittal schedule. Submit action submittals and informational submittals required by the same Specification Section as separate packages under separate transmittals. Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination. a. C. Architect reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. Processing Time: Allow time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Architect's receipt of submittal. No extension of the Cheshire High School Gym Floor Replacement 013300-2 SUBMITTAL PROCEDURES Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing, including resubmittals. 1. 2. 3. D. Initial Review: Allow ten (10) days for initial review of each submittal. Allow additional time if coordination with subsequent submittals is required. Architect will advise Contractor when a submittal being processed must be delayed for coordination. Resubmittal Review: Allow ten (10) days for review of each resubmittal. Sequential Review: Where sequential review of submittals by Architect's consultants, Owner, or other parties is indicated, allow fifteen (15) days for initial review of each submittal. Identification and Information: Place a permanent label or title block on each paper copy submittal item for identification. 1. 2. 3. Indicate name of firm or entity that prepared each submittal on label or title block. Provide a space on label or beside title block to record Contractor's review and approval markings and action taken by Architect. Include the following information for processing and recording action taken: a. b. c. d. e. f. g. h. Project name. Date. Name of Architect. Name of Contractor. Name of subcontractor. Name of supplier. Name of manufacturer. Submittal number or other unique identifier, including revision identifier. 1) i. j. k. l. E. Submittal number shall use Specification Section number followed by a decimal point and then a sequential number (e.g., 061000.01). Resubmittals shall include an alphabetic suffix after another decimal point (e.g., 061000.01.A). Number and title of appropriate Specification Section. Drawing number and detail references, as appropriate. Location(s) where product is to be installed, as appropriate. Other necessary identification. Identification and Information: submittal file as follows: 1. 2. Identify and incorporate information in each electronic Assemble complete submittal package into a single indexed file with links enabling navigation to each item. Name file with submittal number or other unique identifier, including revision identifier. a. File name shall use project identifier and Specification Section number followed by a decimal point and then a sequential number (e.g., LNHS-061000.01). Resubmittals shall include an alphabetic suffix after another decimal point (e.g., LNHS-061000.01.A). Cheshire High School Gym Floor Replacement 013300-3 SUBMITTAL PROCEDURES 3. 4. Provide means for insertion to permanently record Contractor's review and approval markings and action taken by Architect. Include the following information on an inserted cover sheet: a. b. c. d. e. f. g. h. i. j. k. l. m. 5. Project name. Date. Name and address of Architect. Name of Contractor. Name of firm or entity that prepared submittal. Name of subcontractor. Name of supplier. Name of manufacturer. Number and title of appropriate Specification Section. Drawing number and detail references, as appropriate. Location(s) where product is to be installed, as appropriate. Related physical samples submitted directly. Other necessary identification. Include the following information as keywords in the electronic file metadata: a. b. c. d. Project name. Number and title of appropriate Specification Section. Manufacturer name. Product name. F. Options: Identify options requiring selection by the Architect. G. Deviations: Identify deviations from the Contract Documents on submittals. H. Additional Paper Copies: Unless additional copies are required for final submittal, and unless Architect observes noncompliance with provisions in the Contract Documents, initial submittal may serve as final submittal. I. Transmittal: Assemble each submittal individually and appropriately for transmittal and handling. Transmit each submittal using a transmittal form. Architect will return submittals, without review received from sources other than Contractor. 1. Transmittal Form: Provide locations on form for the following information: a. b. c. d. e. f. g. h. i. j. k. l. Project name. Date. Destination (To:). Source (From:). Names of subcontractor, manufacturer, and supplier. Category and type of submittal. Submittal purpose and description. Specification Section number and title. Indication of full or partial submittal. Drawing number and detail references, as appropriate. Transmittal number, numbered consecutively. Submittal and transmittal distribution record. Cheshire High School Gym Floor Replacement 013300-4 SUBMITTAL PROCEDURES m. n. 2. J. Remarks. Signature of transmitter. On an attached separate sheet, prepared on Contractor's letterhead, record relevant information, requests for data, revisions other than those requested by Architect on previous submittals, and deviations from requirements in the Contract Documents, including minor variations and limitations. Include same identification information as related submittal. Resubmittals: Make resubmittals in same form and number of copies as initial submittal. 1. 2. 3. Note date and content of previous submittal. Note date and content of revision in label or title block and clearly indicate extent of revision. Resubmit submittals until they are marked with approval notation from Architect's action stamp. K. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary for performance of construction activities. Show distribution on transmittal forms. L. Use for Construction: Use only final submittals that are marked with approval notation from Architect's action stamp. PART 2 - PRODUCTS 2.1 SUBMITTAL PROCEDURES A. General Submittal Procedure Requirements: Prepare and submit submittals required by individual Specification Sections. Types of submittals are indicated in individual Specification Sections. 1. Submit electronic submittals via email as PDF electronic files. a. 2. 3. Architect will return annotated file. Annotate and retain one (1) copy of file as an electronic Project record document file. Closeout Submittals and Maintenance Material Submittals: Comply with requirements specified in Section 017700 "Closeout Procedures." Certificates and Certifications Submittals: Provide a statement that includes signature of entity responsible for preparing certification. Certificates and certifications shall be signed by an officer or other individual authorized to sign documents on behalf of that entity. a. b. Provide a digital signature with digital certificate on electronically-submitted certificates and certifications where indicated. Provide a notarized statement on original paper copy certificates and certifications where indicated. Cheshire High School Gym Floor Replacement 013300-5 SUBMITTAL PROCEDURES 4. B. Test and Inspection Reports Submittals: Comply with requirements specified in Section 014000 "Quality Requirements." Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. 1. 2. 3. If information must be specially prepared for submittal because standard published data are not suitable for use, submit as Shop Drawings, not as Product Data. Mark each copy of each submittal to show which products and options are applicable. Include the following information, as applicable: a. b. c. d. e. f. g. h. 4. For equipment, include the following in addition to the above, as applicable: a. b. c. d. 5. C. Wiring diagrams showing factory-installed wiring. Printed performance curves. Operational range diagrams. Clearances required to other construction, if not indicated on accompanying Shop Drawings. Submit Product Data before or concurrent with Samples. Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data. 1. Preparation: Fully illustrate requirements in the Contract Documents. following information, as applicable: a. b. c. d. e. f. g. 2. D. Manufacturer's catalog cuts. Manufacturer's product specifications. Standard color charts. Statement of compliance with specified referenced standards. Testing by recognized testing agency. Application of testing agency labels and seals. Notation of coordination requirements. Availability and delivery time information. Include the Identification of products. Schedules. Compliance with specified standards. Notation of coordination requirements. Notation of dimensions established by field measurement. Relationship and attachment to adjoining construction clearly indicated. Seal and signature of professional engineer if specified. Sheet Size: Except for templates, patterns, and similar full-size drawings, submit Shop Drawings on sheets at least 8½ by 11 inches but no larger than 30 by 42 inches. Samples: Submit Samples for review of kind, color, pattern, and texture for a check of these characteristics with other elements and for a comparison of these characteristics between submittal and actual component as delivered and installed. Cheshire High School Gym Floor Replacement 013300-6 SUBMITTAL PROCEDURES 1. 2. Transmit Samples that contain multiple, related components such as accessories together in one (1) submittal package. Identification: Attach label on unexposed side of Samples that includes the following: a. b. c. d. 3. Disposition: Maintain sets of approved Samples at Project site, available for qualitycontrol comparisons throughout the course of construction activity. Sample sets may be used to determine final acceptance of construction associated with each set. a. b. E. Generic description of Sample. Product name and name of manufacturer. Sample source. Number and title of applicable Specification Section. Samples that may be incorporated into the Work are indicated in individual Specification Sections. Such Samples must be in an undamaged condition at time of use. Samples not incorporated into the Work, or otherwise designated as Owner's property, are the property of Contractor. Product Schedule: As required in individual Specification Sections, prepare a written summary indicating types of products required for the Work and their intended location. Include the following information in tabular form: 1. 2. 3. 4. Type of product. Include unique identifier for each product indicated in the Contract Documents. Manufacturer and product name, and model number if applicable. Number and name of room or space. Location within room or space. F. Contractor's Construction Schedule: Comply with requirements specified in Section 013200 "Construction Progress Documentation." G. Application for Payment: Comply with requirements specified in Section 012900 "Payment Procedures." H. Schedule of Values: Procedures." I. Subcontract List: Prepare a written summary identifying individuals or firms proposed for each portion of the Work, including those who are to furnish products or equipment fabricated to a special design. Include the following information in tabular form: 1. 2. 3. J. Comply with requirements specified in Section 012900 "Payment Name, address, and telephone number of entity performing subcontract or supplying products. Number and title of related Specification Section(s) covered by subcontract. Drawing number and detail references, as appropriate, covered by subcontract. Coordination Drawings: Comply with requirements specified in Section 013100 "Project Management and Coordination." Cheshire High School Gym Floor Replacement 013300-7 SUBMITTAL PROCEDURES K. Qualification Data: Prepare written information that demonstrates capabilities and experience of firm or person. Include lists of completed projects with project names and addresses, contact information of Architects and Owners, and other information specified. L. Welding Certificates: Prepare written certification that welding procedures and personnel comply with requirements in the Contract Documents. Submit record of Welding Procedure Specification and Procedure Qualification Record on American Welding Society (AWS) forms. Include names of firms and personnel certified. M. Installer Certificates: Submit written statements on manufacturer's letterhead certifying that Installer complies with requirements in the Contract Documents and, where required, is authorized by manufacturer for this specific Project. N. Manufacturer Certificates: Submit written statements on manufacturer's letterhead certifying that manufacturer complies with requirements in the Contract Documents. Include evidence of manufacturing experience where required. O. Product Certificates: Submit written statements on manufacturer's letterhead certifying that product complies with requirements in the Contract Documents. P. Material Certificates: Submit written statements on manufacturer's letterhead certifying that material complies with requirements in the Contract Documents. Q. Material Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting test results of material for compliance with requirements in the Contract Documents. R. Product Test Reports: Submit written reports indicating current product produced by manufacturer complies with requirements in the Contract Documents. Base reports on evaluation of tests performed by manufacturer and witnessed by a qualified testing agency, or on comprehensive tests performed by a qualified testing agency. S. Research Reports: Submit written evidence, from a model code organization acceptable to authorities having jurisdiction, that product complies with building code in effect for Project. Include the following information: 1. 2. 3. 4. 5. 6. 7. Name of evaluation organization. Date of evaluation. Time period when report is in effect. Product and manufacturers' names. Description of product. Test procedures and results. Limitations of use. T. Schedule of Tests and Inspections: Comply with requirements specified in Section 014000 "Quality Requirements." U. Preconstruction Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of tests performed before installation of product, for compliance with performance requirements in the Contract Documents. Cheshire High School Gym Floor Replacement 013300-8 SUBMITTAL PROCEDURES V. Compatibility Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of compatibility tests performed before installation of product. Include written recommendations for primers and substrate preparation needed for adhesion. W. Field Test Reports: Submit reports indicating and interpreting results of field tests performed either during installation of product or after product is installed in its final location, for compliance with requirements in the Contract Documents. X. Maintenance Data: Comply with requirements specified in Section 017823 "Operation and Maintenance Data." PART 3 - EXECUTION 3.1 CONTRACTOR'S REVIEW A. Action and Informational Submittals: Review each submittal and check for coordination with other Work of the Contract and for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Architect. B. Project Closeout and Maintenance/Material Submittals: 017700 "Closeout Procedures." C. Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents. 3.2 Refer to requirements in Section ARCHITECT'S ACTION A. General: Architect will not review submittals that do not bear Contractor's approval stamp and will return them without action. B. Action Submittals: Architect will review each submittal, make marks to indicate corrections or modifications required, and return it. Architect will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action. C. Informational Submittals: Architect will review each submittal and will not return it, or will return it if it does not comply with requirements. Architect will forward each submittal to appropriate party. D. Partial submittals prepared for a portion of the Work will be reviewed when use of partial submittals has received prior approval from Architect. E. Incomplete submittals are not acceptable, will be considered nonresponsive, and will be returned without review. F. Submittals not required by the Contract Documents may not be reviewed and may be discarded. END OF SECTION 013300 Cheshire High School Gym Floor Replacement 013300-9 QUALITY REQUIREMENTS SECTION 014000 - QUALITY REQUIREMENTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. 1.2 Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY A. Section includes administrative and procedural requirements for quality assurance and quality control. B. Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with the Contract Document requirements. 1. 2. 3. C. Related Sections: 1. 2. 1.3 Specific quality-assurance and -control requirements for individual construction activities are specified in the Sections that specify those activities. Requirements in those Sections may also cover production of standard products. Specified tests, inspections, and related actions do not limit Contractor's other qualityassurance and -control procedures that facilitate compliance with the Contract Document requirements. Requirements for Contractor to provide quality-assurance and -control services required by Architect, Owner, or authorities having jurisdiction are not limited by provisions of this Section. Section 013200 "Construction Progress Documentation" for developing a schedule of required tests and inspections. Divisions 02 through 49 Sections for specific test and inspection requirements. DEFINITIONS A. Quality-Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and substantiate that proposed construction will comply with requirements. B. Quality-Control Services: Tests, inspections, procedures, and related actions during and after execution of the Work to evaluate that actual products incorporated into the Work and completed construction comply with requirements. Services do not include contract enforcement activities performed by Architect. C. Mockups: Full size physical assemblies that are constructed on-site. Mockups are constructed to verify selections made under sample submittals; to demonstrate aesthetic effects and, where indicated, qualities of materials and execution; to review coordination, testing, or operation; to show interface between dissimilar materials; and to demonstrate compliance with specified Cheshire High School Gym Floor Replacement 014000-1 QUALITY REQUIREMENTS installation tolerances. Mockups are not Samples. Unless otherwise indicated, approved mockups establish the standard by which the Work will be judged. 1. 2. 3. Laboratory Mockups: Full-size, physical assemblies constructed at testing facility to verify performance characteristics. Integrated Exterior Mockups: Mockups of the exterior envelope erected separately from the building but on the project site, consisting of multiple products, assemblies and subassemblies. Room Mockups: Mockups of typical interior spaces complete with wall, floor, and ceiling finishes, doors, windows, millwork, casework, specialties, furnishings and equipment, and lighting. D. Preconstruction Testing: Tests and inspections performed specifically for the Project before products and materials are incorporated into the Work to verify performance or compliance with specified criteria. E. Product Testing: Tests and inspections that are performed by an NRTL, an NVLAP, or a testing agency qualified to conduct product testing and acceptable to authorities having jurisdiction, to establish product performance and compliance with specified requirements. F. Source Quality-Control Testing: Tests and inspections that are performed at the source, i.e., plant, mill, factory, or shop. G. Field Quality-Control Testing: Tests and inspections that are performed on-site for installation of the Work and for completed Work. H. Testing Agency: An entity engaged to perform specific tests, inspections, or both. Testing laboratory shall mean the same as testing agency. I. Installer/Applicator/Erector: Contractor or another entity engaged by Contractor as an employee, Subcontractor, or Sub-subcontractor, to perform a particular construction operation, including installation, erection, application, and similar operations. 1. J. 1.4 Use of trade-specific terminology in referring to a trade or entity does not require that certain construction activities be performed by accredited or unionized individuals, or that requirements specified apply exclusively to specific trade or trades. Experienced: When used with an entity or individual, "experienced" means having successfully completed a minimum of five (5) previous projects similar in nature, size, and extent to this Project; being familiar with special requirements indicated; and having complied with requirements of authorities having jurisdiction. CONFLICTING REQUIREMENTS A. Referenced Standards: If compliance with two (2) or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quality levels, comply with the most stringent requirement. Refer conflicting requirements that are different, but apparently equal, to Architect for a decision before proceeding. B. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the Cheshire High School Gym Floor Replacement 014000-2 QUALITY REQUIREMENTS minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. To comply with these requirements, indicated numeric values are minimum or maximum, as appropriate, for the context of requirements. Refer uncertainties to Architect for a decision before proceeding. 1.5 ACTION SUBMITTALS A. Shop Drawings: For mockups, provide plans, sections, and elevations, indicating materials and size of mockup construction. 1. 2. 1.6 Indicate manufacturer and model number of individual components. Provide axonometric drawings for conditions difficult to illustrate in two (2) dimensions. INFORMATIONAL SUBMITTALS A. Contractor's Quality-Control Plan: responsibilities. B. Contractor's Quality-Control Manager Qualifications: For supervisory personnel. C. Contractor's Statement of Responsibility: When required by authorities having jurisdiction, submit copy of written statement of responsibility sent to authorities having jurisdiction before starting work on the following systems. 1. For quality-assurance and quality-control activities and Seismic-force resisting system, designated seismic system, or component listed in the designated seismic system quality assurance plan prepared by the Architect. D. Testing Agency Qualifications: For testing agencies specified in "Quality Assurance" Article to demonstrate their capabilities and experience. Include proof of qualifications in the form of a recent report on the inspection of the testing agency by a recognized authority. E. Schedule of Tests and Inspections: Prepare in tabular form and include the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 1.7 Specification Section number and title. Entity responsible for performing tests and inspections. Description of test and inspection. Identification of applicable standards. Identification of test and inspection methods. Number of tests and inspections required. Time schedule or time span for tests and inspections. Requirements for obtaining samples. Unique characteristics of each quality-control service. CONTRACTOR'S QUALITY-CONTROL PLAN A. Quality-Control Plan, General: Submit quality-control plan within ten (10) days of Notice to Proceed, and not less than five (5) days prior to preconstruction conference. Submit in format acceptable to Architect. Identify personnel, procedures, controls, instructions, tests, records, and forms to be used to carry out Contractor's quality-assurance and quality-control responsibilities. Coordinate with Contractor's construction schedule. Cheshire High School Gym Floor Replacement 014000-3 QUALITY REQUIREMENTS B. Quality-Control Personnel Qualifications: Engage qualified full-time personnel trained and experienced in managing and executing quality-assurance and quality-control procedures similar in nature and extent to those required for Project. 1. Project quality-control manager shall not have other Project responsibilities. C. Submittal Procedure: Describe procedures for ensuring compliance with requirements through review and management of submittal process. Indicate qualifications of personnel responsible for submittal review. D. Testing and Inspection: Include in quality-control plan a comprehensive schedule of Work requiring testing or inspection, including the following: 1. 2. 3. Contractor-performed tests and inspections including subcontractor-performed tests and inspections. Include required tests and inspections and Contractor-elected tests and inspections. Special inspections required by authorities having jurisdiction and indicated on the "Statement of Special Inspections." Owner-performed tests and inspections indicated in the Contract Documents. E. Continuous Inspection of Workmanship: Describe process for continuous inspection during construction to identify and correct deficiencies in workmanship in addition to testing and inspection specified. Indicate types of corrective actions to be required to bring work into compliance with standards of workmanship established by Contract requirements and approved mockups. F. Monitoring and Documentation: Maintain testing and inspection reports including log of approved and rejected results. Include work Architect has indicated as nonconforming or defective. Indicate corrective actions taken to bring nonconforming work into compliance with requirements. Comply with requirements of authorities having jurisdiction. 1.8 REPORTS AND DOCUMENTS A. Test and Inspection Reports: Prepare and submit certified written reports specified in other Sections. Include the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Date of issue. Project title and number. Name, address, and telephone number of testing agency. Dates and locations of samples and tests or inspections. Names of individuals making tests and inspections. Description of the Work and test and inspection method. Identification of product and Specification Section. Complete test or inspection data. Test and inspection results and an interpretation of test results. Record of temperature and weather conditions at time of sample taking and testing and inspecting. Comments or professional opinion on whether tested or inspected Work complies with the Contract Document requirements. Name and signature of laboratory inspector. Recommendations on retesting and reinspecting. Cheshire High School Gym Floor Replacement 014000-4 QUALITY REQUIREMENTS B. Manufacturer's Technical Representative's Field Reports: Prepare written information documenting manufacturer's technical representative's tests and inspections specified in other Sections. Include the following: 1. 2. 3. 4. 5. 6. 7. C. Factory-Authorized Service Representative's Reports: Prepare written information documenting manufacturer's factory-authorized service representative's tests and inspections specified in other Sections. Include the following: 1. 2. 3. 4. 5. D. 1.9 Name, address, and telephone number of technical representative making report. Statement on condition of substrates and their acceptability for installation of product. Statement that products at Project site comply with requirements. Summary of installation procedures being followed, whether they comply with requirements and, if not, what corrective action was taken. Results of operational and other tests and a statement of whether observed performance complies with requirements. Statement whether conditions, products, and installation will affect warranty. Other required items indicated in individual Specification Sections. Name, address, and telephone number of factory-authorized service representative making report. Statement that equipment complies with requirements. Results of operational and other tests and a statement of whether observed performance complies with requirements. Statement whether conditions, products, and installation will affect warranty. Other required items indicated in individual Specification Sections. Permits, Licenses, and Certificates: For Owner's records, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, correspondence, records, and similar documents, established for compliance with standards and regulations bearing on performance of the Work. QUALITY ASSURANCE A. General: Qualifications paragraphs in this article establish the minimum qualification levels required; individual Specification Sections specify additional requirements. B. Manufacturer Qualifications: A firm experienced in manufacturing products or systems similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units. C. Fabricator Qualifications: A firm experienced in producing products similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units. D. Installer Qualifications: A firm or individual experienced in installing, erecting, or assembling work similar in material, design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful in-service performance. E. Professional Engineer Qualifications: A professional engineer who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing engineering services of the kind indicated. Engineering services are defined as those performed Cheshire High School Gym Floor Replacement 014000-5 QUALITY REQUIREMENTS for installations of the system, assembly, or product that are similar to those indicated for this Project in material, design, and extent. F. Specialists: Certain Specification Sections require that specific construction activities shall be performed by entities who are recognized experts in those operations. Specialists shall satisfy qualification requirements indicated and shall be engaged for the activities indicated. 1. G. Requirements of authorities having jurisdiction shall supersede requirements for specialists. Testing Agency Qualifications: An NRTL, an NVLAP, or an independent agency with the experience and capability to conduct testing and inspecting indicated, as documented according to ASTM E 329; and with additional qualifications specified in individual Sections; and where required by authorities having jurisdiction, that is acceptable to authorities. 1. 2. NRTL: A nationally recognized testing laboratory according to 29 CFR 1910.7. NVLAP: A testing agency accredited according to NIST's National Voluntary Laboratory Accreditation Program. H. Manufacturer's Technical Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to observe and inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project. I. Factory-Authorized Service Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project. J. Mockups: Before installing portions of the Work requiring mockups, build mockups for each form of construction and finish required to comply with the following requirements, using materials indicated for the completed Work: 1. 2. 3. 4. 5. Build mockups in location and of size indicated or, if not indicated, as directed by Architect. Notify Architect seven (7) days in advance of dates and times when mockups will be constructed. Employ supervisory personnel who will oversee mockup construction. Employ workers that will be employed during the construction at the Project. Demonstrate the proposed range of aesthetic effects and workmanship. Obtain Architect's approval of mockups before starting work, fabrication, or construction. a. 6. 7. K. Allow seven (7) days for initial review and each re-review of each mockup. Maintain mockups during construction in an undisturbed condition as a standard for judging the completed Work. Demolish and remove mockups when directed, unless otherwise indicated. Integrated Exterior Mockups: Construct integrated exterior mockup in accordance with approved Shop Drawings. Coordinate installation of exterior envelope materials and products Cheshire High School Gym Floor Replacement 014000-6 QUALITY REQUIREMENTS for which mockups are required in individual specification sections, along with supporting materials. 1.10 A. QUALITY CONTROL Owner Responsibilities: Where quality-control services are indicated as Owner's responsibility, Owner will engage a qualified testing agency to perform these services. 1. 2. 3. B. Owner will furnish Contractor with names, addresses, and telephone numbers of testing agencies engaged and a description of types of testing and inspecting they are engaged to perform. Payment for these services will be made from testing and inspecting allowances, as authorized by Change Orders. Costs for retesting and reinspecting construction that replaces or is necessitated by work that failed to comply with the Contract Documents will be charged to Contractor, and the Contract Sum will be adjusted by Change Order. Contractor Responsibilities: Tests and inspections not explicitly assigned to Owner are Contractor's responsibility. Perform additional quality-control activities required to verify that the Work complies with requirements, whether specified or not. 1. 2. Unless otherwise indicated, provide quality-control services specified and those required by authorities having jurisdiction. Perform quality-control services required of Contractor by authorities having jurisdiction, whether specified or not. Where services are indicated as Contractor's responsibility, engage a qualified testing agency to perform these quality-control services. a. 3. 4. 5. 6. Contractor shall not employ same entity engaged by Owner, unless agreed to in writing by Owner. Notify testing agencies at least twenty-four (24) hours in advance of time when Work that requires testing or inspecting will be performed. Where quality-control services are indicated as Contractor's responsibility, submit a certified written report, in duplicate, of each quality-control service. Testing and inspecting requested by Contractor and not required by the Contract Documents are Contractor's responsibility. Submit additional copies of each written report directly to authorities having jurisdiction, when they so direct. C. Manufacturer's Field Services: Where indicated, engage a factory-authorized service representative to inspect field-assembled components and equipment installation, including service connections. Report results in writing as specified in Section 013300 "Submittal Procedures." D. Manufacturer's Technical Services: Where indicated, engage a manufacturer's technical representative to observe and inspect the Work. Manufacturer's technical representative's services include participation in preinstallation conferences, examination of substrates and conditions, verification of materials, observation of Installer activities, inspection of completed portions of the Work, and submittal of written reports. Cheshire High School Gym Floor Replacement 014000-7 QUALITY REQUIREMENTS E. Retesting/Reinspecting: Regardless of whether original tests or inspections were Contractor's responsibility, provide quality-control services, including retesting and reinspecting, for construction that replaced Work that failed to comply with the Contract Documents. F. Testing Agency Responsibilities: Cooperate with Architect and Contractor in performance of duties. Provide qualified personnel to perform required tests and inspections. 1. 2. 3. 4. 5. 6. G. Associated Services: Cooperate with agencies performing required tests, inspections, and similar quality-control services, and provide reasonable auxiliary services as requested. Notify agency sufficiently in advance of operations to permit assignment of personnel. Provide the following: 1. 2. 3. 4. 5. 6. 7. H. Access to the Work. Incidental labor and facilities necessary to facilitate tests and inspections. Adequate quantities of representative samples of materials that require testing and inspecting. Assist agency in obtaining samples. Facilities for storage and field curing of test samples. Delivery of samples to testing agencies. Preliminary design mix proposed for use for material mixes that require control by testing agency. Security and protection for samples and for testing and inspecting equipment at Project site. Coordination: Coordinate sequence of activities to accommodate required quality-assurance and -control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting. 1. I. Notify Architect and Contractor promptly of irregularities or deficiencies observed in the Work during performance of its services. Determine the location from which test samples will be taken and in which in-situ tests are conducted. Conduct and interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from requirements. Submit a certified written report, in duplicate, of each test, inspection, and similar quality-control service through Contractor. Do not release, revoke, alter, or increase the Contract Document requirements or approve or accept any portion of the Work. Do not perform any duties of Contractor. Schedule times for tests, inspections, obtaining samples, and similar activities. Schedule of Tests and Inspections: Prepare a schedule of tests, inspections, and similar qualitycontrol services required by the Contract Documents Coordinate and submit concurrently with Contractor's construction schedule. Update as the Work progresses. . 1. Distribution: Distribute schedule to Owner, Architect, testing agencies, and each party involved in performance of portions of the Work where tests and inspections are required. Cheshire High School Gym Floor Replacement 014000-8 QUALITY REQUIREMENTS 1.11 A. SPECIAL TESTS AND INSPECTIONS Special Tests and Inspections: Conducted by a qualified testing agency as required by authorities having jurisdiction, as indicated in individual Specification Sections, and as follows: 1. 2. 3. 4. 5. 6. Verifying that manufacturer maintains detailed fabrication and quality-control procedures and reviewing the completeness and adequacy of those procedures to perform the Work. Notifying Architect and Contractor promptly of irregularities and deficiencies observed in the Work during performance of its services. Submitting a certified written report of each test, inspection, and similar quality-control service to Architect, Contractor and to authorities having jurisdiction. Submitting a final report of special tests and inspections at Substantial Completion, which includes a list of unresolved deficiencies. Interpreting tests and inspections and stating in each report whether tested and inspected work complies with or deviates from the Contract Documents. Retesting and reinspecting corrected work. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 TEST AND INSPECTION LOG A. Prepare a record of tests and inspections. Include the following: 1. 2. 3. 4. B. 3.2 Date test or inspection was conducted. Description of the Work tested or inspected. Date test or inspection results were transmitted to Architect. Identification of testing agency or special inspector conducting test or inspection. Maintain log at Project site. Post changes and modifications as they occur. Provide access to test and inspection log for Architect's reference during normal working hours. REPAIR AND PROTECTION A. General: On completion of testing, inspecting, sample taking, and similar services, repair damaged construction and restore substrates and finishes. 1. Provide materials and comply with installation requirements specified in other Specification Sections or matching existing substrates and finishes. Restore patched areas and extend restoration into adjoining areas with durable seams that are as invisible as possible. Comply with the Contract Document requirements for cutting and patching in Section 017300 "Execution." B. Protect construction exposed by or for quality-control service activities. C. Repair and protection are Contractor's responsibility, regardless of the assignment of responsibility for quality-control services. Cheshire High School Gym Floor Replacement 014000-9 QUALITY REQUIREMENTS END OF SECTION 014000 Cheshire High School Gym Floor Replacement 014000-10 REFERENCES SECTION 014200 - REFERENCES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. 1.2 Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. DEFINITIONS A. General: Basic Contract definitions are included in the Conditions of the Contract. B. "Approved": When used to convey Architect's action on Contractor's submittals, applications, and requests, "approved" is limited to Architect's duties and responsibilities as stated in the Conditions of the Contract. C. "Directed": A command or instruction by Architect. Other terms including "requested," "authorized," "selected," "required," and "permitted" have the same meaning as "directed." D. "Indicated": Requirements expressed by graphic representations or in written form on Drawings, in Specifications, and in other Contract Documents. Other terms including "shown," "noted," "scheduled," and "specified" have the same meaning as "indicated." E. "Regulations": Laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, and rules, conventions, and agreements within the construction industry that control performance of the Work. F. "Furnish": Supply and deliver to Project site, ready for unloading, unpacking, assembly, installation, and similar operations. G. "Install": Operations at Project site including unloading, temporarily storing, unpacking, assembling, erecting, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations. H. "Provide": Furnish and install, complete and ready for the intended use. I. "Project Site": Space available for performing construction activities. The extent of Project site is shown on Drawings and may or may not be identical with the description of the land on which Project is to be built. 1.3 INDUSTRY STANDARDS A. Applicability of Standards: Unless the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. B. Publication Dates: Comply with standards in effect as of date of the Contract Documents unless otherwise indicated. Cheshire High School Gym Floor Replacement 014200-1 REFERENCES C. Copies of Standards: Each entity engaged in construction on Project should be familiar with industry standards applicable to its construction activity. Copies of applicable standards are not bound with the Contract Documents. 1. 1.4 Where copies of standards are needed to perform a required construction activity, obtain copies directly from publication source. ABBREVIATIONS AND ACRONYMS A. Industry Organizations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents. AA Aluminum Association, Inc. (The) www.aluminum.org (703) 358-2960 AABC Associated Air Balance Council www.aabchq.com (202) 737-0202 AAMA American Architectural Manufacturers Association www.aamanet.org (847) 303-5664 AASHTO American Association of State Highway and Transportation Officials www.transportation.org (202) 624-5800 ACI American Concrete Institute www.concrete.org (248) 848-3700 AGA American Gas Association www.aga.org (202) 824-7000 AHA American Hardboard Association (Now part of CPA) AI Asphalt Institute www.asphaltinstitute.org (859) 288-4960 AIA American Institute of Architects (The) www.aia.org (800) 242-3837 (202) 626-7300 AISC American Institute of Steel Construction www.aisc.org (800) 644-2400 (312) 670-2400 AISI American Iron and Steel Institute www.steel.org (202) 452-7100 ALSC American Lumber Standard Committee, Incorporated www.alsc.org (301) 972-1700 Cheshire High School Gym Floor Replacement 014200-2 REFERENCES AMCA Air Movement and Control Association International, Inc. www.amca.org (847) 394-0150 ANSI American National Standards Institute www.ansi.org (202) 293-8020 APA APA - The Engineered Wood Association www.apawood.org (253) 565-6600 ARI Air-Conditioning & Refrigeration Institute www.ari.org (703) 524-8800 ARMA Asphalt Roofing Manufacturers Association www.asphaltroofing.org (202) 207-0917 ASCE American Society of Civil Engineers www.asce.org (800) 548-2723 (703) 295-6300 ASCE/SEI American Society of Civil Engineers/Structural Engineering Institute (See ASCE) ASHRAE American Society of Heating, Refrigerating and AirConditioning Engineers www.ashrae.org (800) 527-4723 ASME ASME International (American Society of Mechanical Engineers International) www.asme.org (800) 843-2763 (973) 882-1170 ASSE American Society of Sanitary Engineering www.asse-plumbing.org (440) 835-3040 ASTM ASTM International (610) 832-9500 (American Society for Testing and Materials International) www.astm.org AWI Architectural Woodwork Institute www.awinet.org American Wood Protection Association (Formerly: American Wood Preservers' Association) www.awpa.com (571) 323-3636 AWS American Welding Society www.aws.org (800) 443-9353 (305) 443-9353 AWWA American Water Works Association www.awwa.org (800) 926-7337 (303) 794-7711 BHMA Builders Hardware Manufacturers Association www.buildershardware.com (212) 297-2122 AWPA (404) 636-8400 (205) 733-4077 Cheshire High School Gym Floor Replacement 014200-3 REFERENCES BICSI BICSI, Inc. www.bicsi.org (800) 242-7405 (813) 979-1991 CDA Copper Development Association www.copper.org (800) 232-3282 (212) 251-7200 CGA Compressed Gas Association www.cganet.com (703) 788-2700 CISCA Ceilings & Interior Systems Construction Association www.cisca.org (630) 584-1919 CISPI Cast Iron Soil Pipe Institute www.cispi.org (423) 892-0137 CPPA Corrugated Polyethylene Pipe Association www.cppa-info.org (800) 510-2772 (202) 462-9607 CRI Carpet and Rug Institute (The) www.carpet-rug.com (800) 882-8846 (706) 278-3176 CRSI Concrete Reinforcing Steel Institute www.crsi.org (847) 517-1200 CSA CSA International (Formerly: IAS - International Approval Services) www.csa-international.org (866) 797-4272 (416) 747-4000 CSI Construction Specifications Institute (The) www.csinet.org (800) 689-2900 (703) 684-0300 DHI Door and Hardware Institute www.dhi.org (703) 222-2010 EIA Electronic Industries Alliance www.eia.org (703) 907-7500 EJMA Expansion Joint Manufacturers Association, Inc. www.ejma.org (914) 332-0040 ESD ESD Association (Electrostatic Discharge Association) www.esda.org (315) 339-6937 FM Approvals FM Approvals LLC www.fmglobal.com (781) 762-4300 FM Global (401) 275-3000 FM Global (Formerly: FMG - FM Global) www.fmglobal.com Cheshire High School Gym Floor Replacement 014200-4 REFERENCES FSA Fluid Sealing Association www.fluidsealing.com (610) 971-4850 FSC Forest Stewardship Council www.fsc.org 49 228 367 66 0 GA Gypsum Association www.gypsum.org (202) 289-5440 GANA Glass Association of North America www.glasswebsite.com (785) 271-0208 HI Hydraulic Institute www.pumps.org (973) 267-9700 HMMA Hollow Metal Manufacturers Association (Part of NAAMM) HPVA Hardwood Plywood & Veneer Association www.hpva.org (703) 435-2900 ICEA Insulated Cable Engineers Association, Inc. www.icea.net (770) 830-0369 IEC International Electrotechnical Commission www.iec.ch 41 22 919 02 11 IEEE Institute of Electrical and Electronics Engineers, Inc. (The) (212) 419-7900 www.ieee.org IESNA Illuminating Engineering Society of North America www.iesna.org (212) 248-5000 IGCC Insulating Glass Certification Council www.igcc.org (315) 646-2234 IGMA Insulating Glass Manufacturers Alliance www.igmaonline.org (613) 233-1510 ISO International Organization for Standardization www.iso.ch 41 22 749 01 11 Available from ANSI www.ansi.org (202) 293-8020 MFMA Metal Framing Manufacturers Association, Inc. www.metalframingmfg.org (312) 644-6610 MPI Master Painters Institute www.paintinfo.com (888) 674-8937 (604) 298-7578 Cheshire High School Gym Floor Replacement 014200-5 REFERENCES MSS Manufacturers Standardization Society of The Valve and Fittings Industry Inc. www.mss-hq.com (703) 281-6613 NAAMM National Association of Architectural Metal Manufacturers (630) 942-6591 www.naamm.org NACE NACE International (National Association of Corrosion Engineers International) www.nace.org (800) 797-6623 (281) 228-6200 NADCA National Air Duct Cleaners Association www.nadca.com (202) 737-2926 NAIMA North American Insulation Manufacturers Association www.naima.org (703) 684-0084 NCMA National Concrete Masonry Association www.ncma.org (703) 713-1900 NEBB National Environmental Balancing Bureau www.nebb.org (301) 977-3698 NECA National Electrical Contractors Association www.necanet.org (301) 657-3110 NeLMA Northeastern Lumber Manufacturers' Association www.nelma.org (207) 829-6901 NEMA National Electrical Manufacturers Association www.nema.org (703) 841-3200 NETA InterNational Electrical Testing Association www.netaworld.org (888) 300-6382 (269) 488-6382 NFPA NFPA (National Fire Protection Association) www.nfpa.org (800) 344-3555 (617) 770-3000 NFRC National Fenestration Rating Council www.nfrc.org (301) 589-1776 NHLA National Hardwood Lumber Association www.natlhardwood.org (800) 933-0318 (901) 377-1818 NLGA National Lumber Grades Authority www.nlga.org (604) 524-2393 NRCA National Roofing Contractors Association www.nrca.net (800) 323-9545 (847) 299-9070 Cheshire High School Gym Floor Replacement 014200-6 REFERENCES NRMCA National Ready Mixed Concrete Association www.nrmca.org (888) 846-7622 (301) 587-1400 NSF NSF International (National Sanitation Foundation International) www.nsf.org (800) 673-6275 (734) 769-8010 NWWDA National Wood Window and Door Association (Now WDMA) PDI Plumbing & Drainage Institute www.pdionline.org (800) 589-8956 (978) 557-0720 PGI PVC Geomembrane Institute http://pgi-tp.ce.uiuc.edu (217) 333-3929 RCSC Research Council on Structural Connections www.boltcouncil.org RFCI Resilient Floor Covering Institute www.rfci.com (301) 340-8580 RIS Redwood Inspection Service www.redwoodinspection.com (888) 225-7339 (415) 382-0662 SDI Steel Door Institute www.steeldoor.org (440) 899-0010 SEI/ASCE Structural Engineering Institute/American Society of Civil Engineers (See ASCE) SIGMA Sealed Insulating Glass Manufacturers Association (Now IGMA) SMA Screen Manufacturers Association www.smacentral.org (561) 533-0991 SMACNA Sheet Metal and Air Conditioning Contractors' National Association www.smacna.org (703) 803-2980 SPIB Southern Pine Inspection Bureau (The) www.spib.org (850) 434-2611 SSINA Specialty Steel Industry of North America www.ssina.com (800) 982-0355 (202) 342-8630 SSPC SSPC: The Society for Protective Coatings www.sspc.org (877) 281-7772 (412) 281-2331 Cheshire High School Gym Floor Replacement 014200-7 REFERENCES B. STI Steel Tank Institute www.steeltank.com (847) 438-8265 TCA Tile Council of America, Inc. (Now TCNA) TIA/EIA Telecommunications Industry Association/Electronic Industries Alliance www.tiaonline.org (703) 907-7700 TMS The Masonry Society www.masonrysociety.org (303) 939-9700 TPI Truss Plate Institute, Inc. www.tpinst.org (703) 683-1010 UL Underwriters Laboratories Inc. www.ul.com (877) 854-3577 (847) 272-8800 UNI Uni-Bell PVC Pipe Association www.uni-bell.org (972) 243-3902 USGBC U.S. Green Building Council www.usgbc.org (800) 795-1747 WCLIB West Coast Lumber Inspection Bureau www.wclib.org (800) 283-1486 (503) 639-0651 WCMA Window Covering Manufacturers Association www.wcmanet.org (212) 297-2122 WDMA Window & Door Manufacturers Association (800) 223-2301 (Formerly: NWWDA - National Wood Window and Door (847) 299-5200 Association) www.wdma.com WWPA Western Wood Products Association www.wwpa.org (503) 224-3930 Code Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and upto-date as of the date of the Contract Documents. IAPMO International Association of Plumbing and Mechanical Officials www.iapmo.org (909) 472-4100 ICC International Code Council www.iccsafe.org (888) 422-7233 Cheshire High School Gym Floor Replacement 014200-8 REFERENCES C. D. ICC-ES ICC Evaluation Service, Inc. www.icc-es.org UBC Uniform Building Code (See ICC) (800) 423-6587 (562) 699-0543 Federal Government Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents. CE Army Corps of Engineers www.usace.army.mil (202) 761-0011 DOC Department of Commerce www.commerce.gov (202) 482-2000 DOE Department of Energy www.energy.gov (202) 586-9220 EPA Environmental Protection Agency www.epa.gov (202) 272-0167 FDA Food and Drug Administration www.fda.gov (888) 463-6332 GSA General Services Administration www.gsa.gov (800) 488-3111 LBL Lawrence Berkeley National Laboratory www.lbl.gov (510) 486-4000 NIST National Institute of Standards and Technology www.nist.gov (301) 975-6478 OSHA Occupational Safety & Health Administration www.osha.gov (800) 321-6742 (202) 693-1999 SD State Department www.state.gov (202) 647-4000 USDA Department of Agriculture www.usda.gov (202) 720-2791 Standards and Regulations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the standards and regulations in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents. Cheshire High School Gym Floor Replacement 014200-9 REFERENCES ADAAG Americans with Disabilities Act (ADA) Architectural Barriers Act (ABA) Accessibility Guidelines for Buildings and Facilities Available from U.S. Access Board www.access-board.gov (800) 872-2253 (202) 272-0080 CFR Code of Federal Regulations Available from Government Printing Office www.gpoaccess.gov/cfr/index.html (866) 512-1800 (202) 512-1800 FED-STD Federal Standard (See FS) FS Federal Specification Available from Department of Defense Single Stock Point http://dodssp.daps.dla.mil (215) 697-2664 Available from Defense Standardization Program www.dps.dla.mil FTMS Available from General Services Administration www.gsa.gov (202) 619-8925 Available from National Institute of Building Sciences www.wbdg.org/ccb (202) 289-7800 MIL Federal Test Method Standard (See FS) (See MILSPEC) MIL-STD (See MILSPEC) MILSPEC Military Specification and Standards Available from Department of Defense Single Stock Point http://dodssp.daps.dla.mil (215) 697-2664 UFAS Uniform Federal Accessibility Standards Available from Access Board www.access-board.gov (800) 872-2253 (202) 272-0080 PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 014200 Cheshire High School Gym Floor Replacement 014200-10 TEMPORARY FACILITIES AND CONTROLS SECTION 015000 - TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. 1.2 Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY A. 1.3 Section includes requirements for temporary utilities, support facilities, and security and protection facilities. USE CHARGES A. General: Installation and removal of and use charges for temporary facilities shall be included in the Contract Sum unless otherwise indicated. Allow other entities to use temporary services and facilities without cost, including, but not limited to, Architect, testing agencies, and authorities having jurisdiction. B. Water Service: Pay water service use charges for water used by all entities for construction operations. C. Electric Power Service: Pay electric power service use charges for electricity used by all entities for construction operations. 1.4 INFORMATIONAL SUBMITTALS A. Site Plan: Show temporary facilities, utility hookups, staging areas, and parking areas for construction personnel. B. Moisture-Protection Plan: Describe procedures and controls for protecting materials and construction from water absorption and damage, including delivery, handling, and storage provisions for materials subject to water absorption or water damage, discarding water-damaged materials, protocols for mitigating water intrusion into completed Work, and replacing water damaged Work. 1. 1.5 Indicate sequencing of work that requires water, such as sprayed fire-resistive materials, plastering, and terrazzo grinding, and describe plans for dealing with water from these operations. Show procedures for verifying that wet construction has dried sufficiently to permit installation of finish materials. QUALITY ASSURANCE A. Electric Service: Comply with NECA, NEMA, and UL standards and regulations for temporary electric service. Install service to comply with NFPA 70. B. Tests and Inspections: Arrange for authorities having jurisdiction to test and inspect each temporary utility before use. Obtain required certifications and permits. Cheshire High School Gym Floor Replacement 015000-1 TEMPORARY FACILITIES AND CONTROLS PART 2 - PRODUCTS 2.1 MATERIALS A. 2.2 Chain-Link Fencing: Minimum 2-inch, 0.148-inch-thick, galvanized steel, chain-link fabric fencing; minimum 8 feet high with galvanized steel pipe posts; minimum 2-3/8-inch-OD line posts and 2-7/8-inch-OD corner and pull posts, with 1-5/8-inch-OD top rails. TEMPORARY FACILITIES A. Field Offices, General: Prefabricated or mobile units with serviceable finishes, temperature controls, and foundations adequate for normal loading. B. Trade-Use Field Office: Of sufficient size to accommodate needs of trade office activities. Keep office clean and orderly. Furnish and equip offices as follows: 1. 2. 3. 4. C. Storage and Fabrication Sheds: Provide sheds sized, furnished, and equipped to accommodate materials and equipment for construction operations. 1. 2.3 Furniture required for Project-site documents including file cabinets, plan tables, plan racks, and bookcases. Drinking water and private toilet. Heating and cooling equipment necessary to maintain a uniform indoor temperature of 68 to 72 deg F. Lighting fixtures capable of maintaining average illumination of 20 fc at desk height. Store combustible materials apart from building. EQUIPMENT A. Fire Extinguishers: Portable, UL rated; with class and extinguishing agent as required by locations and classes of fire exposures. B. Air Filtration Units: HEPA primary and secondary filter-equipped portable units with fourstage filtration. Provide single switch for emergency shutoff. Configure to run continuously. PART 3 - EXECUTION 3.1 INSTALLATION, GENERAL A. Locate facilities where they will serve Project adequately and result in minimum interference with performance of the Work. Relocate and modify facilities as required by progress of the Work. B. Provide each facility ready for use when needed to avoid delay. Do not remove until facilities are no longer needed or are replaced by authorized use of completed permanent facilities. 3.2 TEMPORARY UTILITY INSTALLATION A. General: Install temporary service. Cheshire High School Gym Floor Replacement 015000-2 TEMPORARY FACILITIES AND CONTROLS 1. Arrange with utility company, Owner, and existing users for time when service can be interrupted, if necessary, to make connections for temporary services. B. Sanitary Facilities: Provide temporary toilets, wash facilities, and drinking water for use of construction personnel. Comply with requirements of authorities having jurisdiction for type, number, location, operation, and maintenance of fixtures and facilities. C. Heating and Cooling: Provide temporary heating and cooling required by construction activities for curing or drying of completed installations or for protecting installed construction from adverse effects of low temperatures or high humidity. Select equipment that will not have a harmful effect on completed installations or elements being installed. D. Ventilation and Humidity Control: Provide temporary ventilation required by construction activities for curing or drying of completed installations or for protecting installed construction from adverse effects of high humidity. Select equipment that will not have a harmful effect on completed installations or elements being installed. Coordinate ventilation requirements to produce ambient condition required and minimize energy consumption. 1. E. Electric Power Service: Provide electric power service and distribution system of sufficient size, capacity, and power characteristics required for construction operations. 1. F. Provide dehumidification systems when required to reduce substrate moisture levels to level required to allow installation or application of finishes. Install electric power service overhead, unless otherwise indicated. Telephone Service: Provide temporary telephone service in common-use facilities for use by all construction personnel. Install one (1) telephone line for each field office. 1. Provide additional telephone lines for the following: a. b. 2. At each telephone, post a list of important telephone numbers. a. b. c. d. e. f. g. G. Provide a dedicated telephone line for each facsimile machine in each field office. Provide one (1) telephone line for Owner's use. Police and fire departments. Ambulance service. Contractor's home office. Architect's office. Engineers' offices. Owner's office. Principal subcontractors' field and home offices. Electronic Communication Service: Provide a desktop computer in the primary field office adequate for use by Architect and Owner to access project electronic documents and maintain electronic communications. Equip computer with not less than the following: 1. 2. 3. Processor: Intel Pentium D or Intel CoreDuo, 1.8 GHz processing speed. Memory: 2 gigabyte. Disk storage: 80 gigabyte hard disk drive and combination DVD-RW/CD-RW drive. Cheshire High School Gym Floor Replacement 015000-3 TEMPORARY FACILITIES AND CONTROLS 4. 5. 6. 7. 8. Display: 19-inch LCD monitor with 128 Mb dedicated video RAM. Full-size keyboard and mouse. Network Connectivity: 10/100BaseT Ethernet. Operating System: Microsoft Windows XP Professional or Microsoft Windows Vista Business. Productivity Software: a. b. c. 9. 10. 11. 12. 3.3 Microsoft Office Professional, XP or higher, including Word, Excel, and Outlook. Adobe Reader 7.0 or higher. WinZip 7.0 or higher. Printer: "All-in-one" unit equipped with printer server, combining color printing, photocopying, scanning, and faxing, or separate units for each of these three (3) functions. Internet Service: Broadband modem, router and ISP, equipped with hardware firewall, providing minimum 384 Kbps upload and 1 Mbps download speeds at each computer. Internet Security: Integrated software, providing software firewall, virus, spyware, phishing and spam protection in a combined application. Backup: External hard drive, minimum 40 gigabyte, with automated backup software providing daily backups. SUPPORT FACILITIES INSTALLATION A. General: Comply with the following: 1. 2. B. 3.4 Provide construction for temporary offices, shops, and sheds located within construction area or within 30 feet of building lines that is noncombustible according to ASTM E 136. Comply with NFPA 241. Maintain support facilities until Architect schedules Substantial Completion inspection. Remove before Substantial Completion. Personnel remaining after Substantial Completion will be permitted to use permanent facilities, under conditions acceptable to Owner. Parking: Provide temporary parking areas for construction personnel. SECURITY AND PROTECTION FACILITIES INSTALLATION A. Environmental Protection: Provide protection, operate temporary facilities, and conduct construction as required to comply with environmental regulations and that minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects. B. Site Enclosure Fence: Before construction operations begin, furnish and install site enclosure fence in a manner that will prevent people and animals from easily entering site except by entrance gates. 1. 2. C. Extent of Fence: As indicated by Owner. Maintain security by limiting number of keys and restricting distribution to authorized personnel. Barricades, Warning Signs, and Lights: Comply with requirements of authorities having jurisdiction for erecting structurally adequate barricades, including warning signs and lighting. Cheshire High School Gym Floor Replacement 015000-4 TEMPORARY FACILITIES AND CONTROLS D. Temporary Egress: Maintain temporary egress from existing occupied facilities as indicated and as required by authorities having jurisdiction. E. Covered Walkway: Erect protective, covered walkway (egress protection) for passage of individuals through or adjacent to Project site. Coordinate with entrance gates, other facilities, and obstructions. Comply with regulations of authorities having jurisdiction. 1. 2. 3. F. Temporary Enclosures: Provide temporary enclosures for protection of construction, in progress and completed, from exposure, foul weather, other construction operations, and similar activities. Provide temporary weathertight enclosure for building exterior. 1. 3.5 Construct covered walkways using scaffold or shoring framing. Provide overhead decking, protective enclosure walls, handrails, barricades, warning signs, exit signs, lights, safe and well-drained walkways, and similar provisions for protection and safe passage. Paint and maintain appearance of walkway for duration of the Work. Where heating or cooling is needed and permanent enclosure is not complete, insulate temporary enclosures. MOISTURE AND MOLD CONTROL A. Contractor's Moisture-Protection Plan: Avoid trapping water in finished work. Document visible signs of mold that may appear during construction. B. Exposed Construction Phase: Before installation of weather barriers, when materials are subject to wetting and exposure and to airborne mold spores, protect as follows: 1. 2. 3. 4. 5. C. Partially Enclosed Construction Phase: After installation of weather barriers but before full enclosure and conditioning of building, when installed materials are still subject to infiltration of moisture and ambient mold spores, protect as follows: 1. 2. 3. 4. 5. 6. 7. D. Protect porous materials from water damage. Protect stored and installed material from flowing or standing water. Keep porous and organic materials from coming into prolonged contact with concrete. Remove standing water from decks. Keep deck openings covered or dammed. Do not load or install drywall or other porous materials or components, or items with high organic content, into partially enclosed building. Keep interior spaces reasonably clean and protected from water damage. Periodically collect and remove waste containing cellulose or other organic matter. Discard or replace water-damaged material. Do not install material that is wet. Discard, replace or clean stored or installed material that begins to grow mold. Perform work in a sequence that allows any wet materials adequate time to dry before enclosing the material in drywall or other interior finishes. Controlled Construction Phase of Construction: After completing and sealing of the building enclosure but prior to the full operation of permanent HVAC systems, maintain as follows: Cheshire High School Gym Floor Replacement 015000-5 TEMPORARY FACILITIES AND CONTROLS 1. 2. 3. Control moisture and humidity inside building by maintaining effective dry-in conditions. Use permanent HVAC system to control humidity. Comply with manufacturer's written instructions for temperature, relative humidity, and exposure to water limits. a. b. c. 3.6 Hygroscopic materials that may support mold growth, including wood and gypsum-based products, that become wet during the course of construction and remain wet for forty-eight (48) hours are considered defective. Measure moisture content of materials that have been exposed to moisture during construction operations or after installation. Record daily readings over a fortyeight hour period. Identify materials containing moisture levels higher than allowed. Report findings in writing to Architect. Remove materials that can not be completely restored to their manufactured moisture level within forty-eight (48) hours. OPERATION, TERMINATION, AND REMOVAL A. Supervision: Enforce strict discipline in use of temporary facilities. To minimize waste and abuse, limit availability of temporary facilities to essential and intended uses. B. Maintenance: Maintain facilities in good operating condition until removal. 1. Maintain operation of temporary enclosures, heating, cooling, humidity control, ventilation, and similar facilities on a twenty-four (24) hour basis where required to achieve indicated results and to avoid possibility of damage. C. Temporary Facility Changeover: Do not change over from using temporary security and protection facilities to permanent facilities until Substantial Completion. D. Termination and Removal: Remove each temporary facility when need for its service has ended, when it has been replaced by authorized use of a permanent facility, or no later than Substantial Completion. Complete or, if necessary, restore permanent construction that may have been delayed because of interference with temporary facility. Repair damaged Work, clean exposed surfaces, and replace construction that cannot be satisfactorily repaired. 1. 2. 3. Materials and facilities that constitute temporary facilities are property of Contractor. Owner reserves right to take possession of Project identification signs. Remove temporary roads and paved areas not intended for or acceptable for integration into permanent construction. Where area is intended for landscape development, remove soil and aggregate fill that do not comply with requirements for fill or subsoil. Remove materials contaminated with road oil, asphalt and other petrochemical compounds, and other substances that might impair growth of plant materials or lawns. Repair or replace street paving, curbs, and sidewalks at temporary entrances, as required by authorities having jurisdiction. At Substantial Completion, repair, renovate, and clean permanent facilities used during construction period. Comply with final cleaning requirements specified in Section 017700 "Closeout Procedures." END OF SECTION 015000 Cheshire High School Gym Floor Replacement 015000-6 PRODUCT REQUIREMENTS SECTION 016000 - PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. 1.2 Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY A. Section includes administrative and procedural requirements for selection of products for use in Project; product delivery, storage, and handling; manufacturers' standard warranties on products; special warranties; and comparable products. B. Related Sections: 1. 2. 3. 1.3 Section 012300 "Alternates" for products selected under an alternate. Section 012500 "Substitution Procedures" for requests for substitutions. Section 014200 "References" for applicable industry standards for products specified. DEFINITIONS A. Products: Items obtained for incorporating into the Work, whether purchased for Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment," "system," and terms of similar intent. 1. 2. 3. B. Named Products: Items identified by manufacturer's product name, including make or model number or other designation shown or listed in manufacturer's published product literature, that is current as of date of the Contract Documents. New Products: Items that have not previously been incorporated into another project or facility. Products salvaged or recycled from other projects are not considered new products. Comparable Product: Product that is demonstrated and approved through submittal process to have the indicated qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics that equal or exceed those of specified product. Basis-of-Design Product Specification: A specification in which a specific manufacturer's product is named and accompanied by the words "basis-of-design product," including make or model number or other designation, to establish the significant qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics for purposes of evaluating comparable products of additional manufacturers named in the specification. Cheshire High School Gym Floor Replacement 016000-1 PRODUCT REQUIREMENTS 1.4 ACTION SUBMITTALS A. Comparable Product Requests: Submit request for consideration of each comparable product. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles. 1. 2. Include data to indicate compliance with the requirements specified in "Comparable Products" Article. Architect's Action: If necessary, Architect will request additional information or documentation for evaluation within one (1) week of receipt of a comparable product request. Architect will notify Contractor of approval or rejection of proposed comparable product request within fifteen (15) days of receipt of request, or seven (7) days of receipt of additional information or documentation, whichever is later. a. b. B. 1.5 Form of Approval: As specified in Section 013300 "Submittal Procedures." Use product specified if Architect does not issue a decision on use of a comparable product request within time allocated. Basis-of-Design Product Specification Submittal: Comply with requirements in Section 013300 "Submittal Procedures." Show compliance with requirements. QUALITY ASSURANCE A. Compatibility of Options: If Contractor is given option of selecting between two (2) or more products for use on Project, select product compatible with products previously selected, even if previously selected products were also options. 1. 2. 1.6 Each contractor is responsible for providing products and construction methods compatible with products and construction methods of other contractors. If a dispute arises between contractors over concurrently selectable but incompatible products, Architect will determine which products shall be used. PRODUCT DELIVERY, STORAGE, AND HANDLING A. Deliver, store, and handle products using means and methods that will prevent damage, deterioration, and loss, including theft and vandalism. Comply with manufacturer's written instructions. B. Delivery and Handling: 1. 2. 3. 4. Schedule delivery to minimize long-term storage at Project site and to prevent overcrowding of construction spaces. Coordinate delivery with installation time to ensure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses. Deliver products to Project site in an undamaged condition in manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installing. Inspect products on delivery to determine compliance with the Contract Documents and to determine that products are undamaged and properly protected. Cheshire High School Gym Floor Replacement 016000-2 PRODUCT REQUIREMENTS C. Storage: 1. 2. 3. 4. 5. 6. 7. 1.7 Store products to allow for inspection and measurement of quantity or counting of units. Store materials in a manner that will not endanger Project structure. Store products that are subject to damage by the elements, under cover in a weathertight enclosure above ground, with ventilation adequate to prevent condensation. Store foam plastic from exposure to sunlight, except to extent necessary for period of installation and concealment. Comply with product manufacturer's written instructions for temperature, humidity, ventilation, and weather-protection requirements for storage. Protect stored products from damage and liquids from freezing. Provide a secure location and enclosure at Project site for storage of materials and equipment by Owner's construction forces. Coordinate location with Owner. PRODUCT WARRANTIES A. Warranties specified in other Sections shall be in addition to, and run concurrent with, other warranties required by the Contract Documents. Manufacturer's disclaimers and limitations on product warranties do not relieve Contractor of obligations under requirements of the Contract Documents. 1. 2. B. Special Warranties: Prepare a written document that contains appropriate terms and identification, ready for execution. 1. 2. 3. C. Manufacturer's Warranty: Written warranty furnished by individual manufacturer for a particular product and specifically endorsed by manufacturer to Owner. Special Warranty: Written warranty required by the Contract Documents to provide specific rights for Owner. Manufacturer's Standard Form: Modified to include Project-specific information and properly executed. Specified Form: When specified forms are included with the Specifications, prepare a written document using indicated form properly executed. Refer to Divisions 02 through 49. Sections for specific content requirements and particular requirements for submitting special warranties. Submittal Time: Comply with requirements in Section 017700 "Closeout Procedures." PART 2 - PRODUCTS 2.1 PRODUCT SELECTION PROCEDURES A. General Product Requirements: Provide products that comply with the Contract Documents, are undamaged and, unless otherwise indicated, are new at time of installation. 1. 2. Provide products complete with accessories, trim, finish, fasteners, and other items needed for a complete installation and indicated use and effect. Standard Products: If available, and unless custom products or nonstandard options are specified, provide standard products of types that have been produced and used successfully in similar situations on other projects. Cheshire High School Gym Floor Replacement 016000-3 PRODUCT REQUIREMENTS 3. 4. 5. 6. B. Owner reserves the right to limit selection to products with warranties not in conflict with requirements of the Contract Documents. Where products are accompanied by the term "as selected," Architect will make selection. Descriptive, performance, and reference standard requirements in the Specifications establish salient characteristics of products. Or Equal: For products specified by name and accompanied by the term "or equal," or "or approved equal," or "or approved," comply with requirements in "Comparable Products" Article to obtain approval for use of an unnamed product. Product Selection Procedures: 1. 2. 3. Product: Where Specifications name a single manufacturer and product, provide the named product that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered. Manufacturer/Source: Where Specifications name a single manufacturer or source, provide a product by the named manufacturer or source that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered. Products: a. b. 4. Manufacturers: a. b. 5. Restricted List: Where Specifications include a list of names of both manufacturers and products, provide one (1) of the products listed that complies with requirements. Comparable products or substitutions for Contractor's convenience will be considered, unless otherwise indicated. Nonrestricted List: Where Specifications include a list of names of both available manufacturers and products, provide one (1) of the products listed, or an unnamed product, that complies with requirements. Comply with requirements in "Comparable Products" Article for consideration of an unnamed product. Restricted List: Where Specifications include a list of manufacturers' names, provide a product by one (1) of the manufacturers listed that complies with requirements. Comparable products or substitutions for Contractor's convenience will be considered, unless otherwise indicated. Nonrestricted List: Where Specifications include a list of available manufacturers, provide a product by one (1) of the manufacturers listed, or a product by an unnamed manufacturer, that complies with requirements. Comply with requirements in "Comparable Products" Article for consideration of an unnamed manufacturer's product. Basis-of-Design Product: Where Specifications name a product, or refer to a product indicated on Drawings, and include a list of manufacturers, provide the specified or indicated product or a comparable product by one (1) of the other named manufacturers. Drawings and Specifications indicate sizes, profiles, dimensions, and other characteristics that are based on the product named. Comply with requirements in "Comparable Products" Article for consideration of an unnamed product by one (1) of the other named manufacturers. Cheshire High School Gym Floor Replacement 016000-4 PRODUCT REQUIREMENTS C. Visual Matching Specification: Where Specifications require "match Architect's sample", provide a product that complies with requirements and matches Architect's sample. Architect's decision will be final on whether a proposed product matches. 1. D. 2.2 If no product available within specified category matches and complies with other specified requirements, comply with requirements in Section 012500 "Substitution Procedures" for proposal of product. Visual Selection Specification: Where Specifications include the phrase "as selected by Architect from manufacturer's full range" or similar phrase, select a product that complies with requirements. Architect will select color, gloss, pattern, density, or texture from manufacturer's product line that includes both standard and premium items. COMPARABLE PRODUCTS A. Conditions for Consideration: Architect will consider Contractor's request for comparable product when the following conditions are satisfied. If the following conditions are not satisfied, Architect may return requests without action, except to record noncompliance with these requirements: 1. 2. 3. 4. 5. Evidence that the proposed product does not require revisions to the Contract Documents, that it is consistent with the Contract Documents and will produce the indicated results, and that it is compatible with other portions of the Work. Detailed comparison of significant qualities of proposed product with those named in the Specifications. Significant qualities include attributes such as performance, weight, size, durability, visual effect, and specific features and requirements indicated. Evidence that proposed product provides specified warranty. List of similar installations for completed projects with project names and addresses and names and addresses of architects and owners, if requested. Samples, if requested. PART 3 - EXECUTION (Not Used) END OF SECTION 016000 Cheshire High School Gym Floor Replacement 016000-5 EXECUTION SECTION 017300 - EXECUTION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. 1.2 Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY A. Section includes general administrative and procedural requirements governing execution of the Work including, but not limited to, the following: 1. 2. 3. 4. 5. 6. B. Related Sections: 1. 2. 1.3 Installation of the Work. Cutting and patching. Progress cleaning. Starting and adjusting. Protection of installed construction. Correction of the Work. Section 013300 "Submittal Procedures" for submitting surveys. Section 017700 "Closeout Procedures" for submitting final property survey with Project Record Documents, recording of Owner-accepted deviations from indicated lines and levels, and final cleaning. DEFINITIONS A. Cutting: Removal of in-place construction necessary to permit installation or performance of other work. B. Patching: Fitting and repair work required to restore construction to original conditions after installation of other work. 1.4 INFORMATIONAL SUBMITTALS A. 1.5 Landfill Receipts: Submit copy of receipts issued by a landfill facility, licensed to accept hazardous materials, for hazardous waste disposal. QUALITY ASSURANCE A. Cutting and Patching: Comply with requirements for and limitations on cutting and patching of construction elements. 1. Structural Elements: When cutting and patching structural elements, notify Architect of locations and details of cutting and await directions from the Architect before proceeding. Shore, brace, and support structural element during cutting and patching. Do not cut and Cheshire High School Gym Floor Replacement 017300-1 EXECUTION 2. 3. 4. B. 1.6 patch structural elements in a manner that could change their load-carrying capacity or increase deflection Operational Elements: Do not cut and patch operating elements and related components in a manner that results in reducing their capacity to perform as intended or that results in increased maintenance or decreased operational life or safety. Other Construction Elements: Do not cut and patch other construction elements or components in a manner that could change their load-carrying capacity, that results in reducing their capacity to perform as intended, or that results in increased maintenance or decreased operational life or safety Visual Elements: Do not cut and patch construction in a manner that results in visual evidence of cutting and patching. Do not cut and patch exposed construction in a manner that would, in Architect's opinion, reduce the building's aesthetic qualities. Remove and replace construction that has been cut and patched in a visually unsatisfactory manner. Manufacturer's Installation Instructions: Obtain and maintain on-site manufacturer's written recommendations and instructions for installation of products and equipment. WARRANTY A. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during installation or cutting and patching operations, by methods and with materials so as not to void existing warranties. PART 2 - PRODUCTS 2.1 MATERIALS A. General: Comply with requirements specified in other Sections. B. In-Place Materials: Use materials for patching identical to in-place materials. For exposed surfaces, use materials that visually match in-place adjacent surfaces to the fullest extent possible. 1. If identical materials are unavailable or cannot be used, use materials that, when installed, will provide a match acceptable to the Architect for the visual and functional performance of in-place materials. PART 3 - EXECUTION 3.1 EXAMINATION A. Existing Conditions: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning sitework, investigate and verify the existence and location of underground utilities, mechanical and electrical systems, and other construction affecting the Work. 1. Before construction, verify the location and invert elevation at points of connection of sanitary sewer, storm sewer, and water-service piping; underground electrical services, and other utilities. Cheshire High School Gym Floor Replacement 017300-2 EXECUTION 2. B. Furnish location data for work related to Project that must be performed by public utilities serving Project site. Examination and Acceptance of Conditions: Before proceeding with each component of the Work, examine substrates, areas, and conditions, with Installer or Applicator present where indicated, for compliance with requirements for installation tolerances and other conditions affecting performance. Record observations. 1. Written Report: Where a written report listing conditions detrimental to performance of the Work is required by other Sections, include the following: a. b. c. d. 2. 3. 4. 5. 3.2 Description of the Work. List of detrimental conditions, including substrates. List of unacceptable installation tolerances. Recommended corrections. Verify compatibility with and suitability of substrates, including compatibility with existing finishes or primers. Examine roughing-in for mechanical and electrical systems to verify actual locations of connections before equipment and fixture installation. Examine walls, floors, and roofs for suitable conditions where products and systems are to be installed. Proceed with installation only after unsatisfactory conditions have been corrected. Proceeding with the Work indicates acceptance of surfaces and conditions. PREPARATION A. Existing Utility Information: Furnish information to local utility that is necessary to adjust, move, or relocate existing utility structures, utility poles, lines, services, or other utility appurtenances located in or affected by construction. Coordinate with authorities having jurisdiction. B. Field Measurements: Take field measurements as required to fit the Work properly. Recheck measurements before installing each product. Where portions of the Work are indicated to fit to other construction, verify dimensions of other construction by field measurements before fabrication. Coordinate fabrication schedule with construction progress to avoid delaying the Work. C. Space Requirements: Verify space requirements and dimensions of items shown diagrammatically on Drawings. D. Review of Contract Documents and Field Conditions: Immediately on discovery of the need for clarification of the Contract Documents caused by differing field conditions outside the control of the Contractor, submit a request for information to Architect according to requirements in Section 013100 "Project Management and Coordination." 3.3 INSTALLATION A. General: Locate the Work and components of the Work accurately, in correct alignment and elevation, as indicated. Cheshire High School Gym Floor Replacement 017300-3 EXECUTION 1. 2. 3. 4. Make vertical work plumb and make horizontal work level. Where space is limited, install components to maximize space available for maintenance and ease of removal for replacement. Conceal pipes, ducts, and wiring in finished areas, unless otherwise indicated. Maintain minimum headroom clearance of 96 inches in occupied spaces and 90 inches in unoccupied spaces. B. Comply with manufacturer's written instructions and recommendations for installing products in applications indicated. C. Install products at the time and under conditions that will ensure the best possible results. Maintain conditions required for product performance until Substantial Completion. D. Conduct construction operations so no part of the Work is subjected to damaging operations or loading in excess of that expected during normal conditions of occupancy. E. Tools and Equipment: Do not use tools or equipment that produce harmful noise levels. F. Templates: Obtain and distribute to the parties involved templates for work specified to be factory prepared and field installed. Check Shop Drawings of other work to confirm that adequate provisions are made for locating and installing products to comply with indicated requirements. G. Attachment: Provide blocking and attachment plates and anchors and fasteners of adequate size and number to securely anchor each component in place, accurately located and aligned with other portions of the Work. Where size and type of attachments are not indicated, verify size and type required for load conditions. 1. 2. 3. Mounting Heights: Where mounting heights are not indicated, mount components at heights directed by Architect. Allow for building movement, including thermal expansion and contraction. Coordinate installation of anchorages. Furnish setting drawings, templates, and directions for installing anchorages, including sleeves, concrete inserts, anchor bolts, and items with integral anchors, that are to be embedded in concrete or masonry. Deliver such items to Project site in time for installation. H. Joints: Make joints of uniform width. Where joint locations in exposed work are not indicated, arrange joints for the best visual effect. Fit exposed connections together to form hairline joints. I. Hazardous Materials: Use products, cleaners, and installation materials that are not considered hazardous. 3.4 CUTTING AND PATCHING A. Cutting and Patching, General: Employ skilled workers to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time, and complete without delay. 1. Cut in-place construction to provide for installation of other components or performance of other construction, and subsequently patch as required to restore surfaces to their original condition. Cheshire High School Gym Floor Replacement 017300-4 EXECUTION B. Temporary Support: Provide temporary support of work to be cut. C. Protection: Protect in-place construction during cutting and patching to prevent damage. Provide protection from adverse weather conditions for portions of Project that might be exposed during cutting and patching operations. D. Adjacent Occupied Areas: Where interference with use of adjoining areas or interruption of free passage to adjoining areas is unavoidable, coordinate cutting and patching. E. Existing Utility Services: Where existing services are required to be removed, relocated, or abandoned, bypass such systems before cutting to minimize interruption to occupied areas. F. Cutting: Cut in-place construction by sawing, drilling, breaking, chipping, grinding, and similar operations, including excavation, using methods least likely to damage elements retained or adjoining construction. If possible, review proposed procedures with original Installer; comply with original Installer's written recommendations. 1. 2. 3. 4. 5. G. In general, use hand or small power tools designed for sawing and grinding, not hammering and chopping. Cut holes and slots neatly to minimum size required, and with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use. Finished Surfaces: Cut or drill from the exposed or finished side into concealed surfaces. Concrete and Masonry: Cut using a cutting machine, such as an abrasive saw or a diamond-core drill. Mechanical and Electrical Services: Cut off pipe or conduit in walls or partitions to be removed. Cap, valve, or plug and seal remaining portion of pipe or conduit to prevent entrance of moisture or other foreign matter after cutting. Proceed with patching after construction operations requiring cutting are complete. Patching: Patch construction by filling, repairing, refinishing, closing up, and similar operations following performance of other work. Patch with durable seams that are as invisible as practicable. Provide materials and comply with installation requirements specified in other Sections, where applicable. 1. 2. Inspection: Where feasible, test and inspect patched areas after completion to demonstrate physical integrity of installation. Exposed Finishes: Restore exposed finishes of patched areas and extend finish restoration into retained adjoining construction in a manner that will minimize evidence of patching and refinishing. a. b. 3. Clean piping, conduit, and similar features before applying paint or other finishing materials. Restore damaged pipe covering to its original condition. Floors and Walls: Where walls or partitions that are removed extend one finished area into another, patch and repair floor and wall surfaces in the new space. Provide an even surface of uniform finish, color, texture, and appearance. Remove in-place floor and wall coverings and replace with new materials, if necessary, to achieve uniform color and appearance. a. Where patching occurs in a painted surface, prepare substrate and apply primer and intermediate paint coats appropriate for substrate over the patch, and apply final Cheshire High School Gym Floor Replacement 017300-5 EXECUTION paint coat over entire unbroken surface containing the patch. Provide additional coats until patch blends with adjacent surfaces. 4. 5. H. 3.5 Ceilings: Patch, repair, or rehang in-place ceilings as necessary to provide an even-plane surface of uniform appearance. Exterior Building Enclosure: Patch components in a manner that restores enclosure to a weathertight condition. Cleaning: Clean areas and spaces where cutting and patching are performed. Remove paint, mortar, oils, putty, and similar materials from adjacent finished surfaces. PROGRESS CLEANING A. General: Clean Project site and work areas daily, including common areas. requirements strictly. Dispose of materials lawfully. 1. 2. 3. Comply with requirements in NFPA 241 for removal of combustible waste materials and debris. Do not hold waste materials more than seven (7) days during normal weather or three (3) days if the temperature is expected to rise above 80 deg F (27 deg C). Containerize hazardous and unsanitary waste materials separately from other waste. Mark containers appropriately and dispose of legally, according to regulations. a. 4. Enforce Utilize containers intended for holding waste materials of type to be stored. Coordinate progress cleaning for joint-use areas where more than one installer has worked. B. Site: Maintain Project site free of waste materials and debris. C. Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for proper execution of the Work. 1. 2. Remove liquid spills promptly. Where dust would impair proper execution of the Work, broom-clean or vacuum the entire work area, as appropriate. D. Installed Work: Keep installed work clean. Clean installed surfaces according to written instructions of manufacturer or fabricator of product installed, using only cleaning materials specifically recommended. If specific cleaning materials are not recommended, use cleaning materials that are not hazardous to health or property and that will not damage exposed surfaces. E. Concealed Spaces: Remove debris from concealed spaces before enclosing the space. F. Exposed Surfaces in Finished Areas: Clean exposed surfaces and protect as necessary to ensure freedom from damage and deterioration at time of Substantial Completion. G. Waste Disposal: Do not bury or burn waste materials on-site. Do not wash waste materials down sewers or into waterways. Comply with waste disposal requirements in Section 015000 "Temporary Facilities and Controls." Cheshire High School Gym Floor Replacement 017300-6 EXECUTION H. During handling and installation, clean and protect construction in progress and adjoining materials already in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion. I. Clean and provide maintenance on completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. J. Limiting Exposures: Supervise construction operations to assure that no part of the construction, completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period. 3.6 PROTECTION OF INSTALLED CONSTRUCTION A. Provide final protection and maintain conditions that ensure installed Work is without damage or deterioration at time of Substantial Completion. B. Comply with manufacturer's written instructions for temperature and relative humidity. 3.7 CORRECTION OF THE WORK A. Repair or remove and replace defective construction. Restore damaged substrates and finishes. 1. Repairing includes replacing defective parts, refinishing damaged surfaces, touching up with matching materials, and properly adjusting operating equipment. B. Restore permanent facilities used during construction to their specified condition. C. Remove and replace damaged surfaces that are exposed to view if surfaces cannot be repaired without visible evidence of repair. D. Repair components that do not operate properly. Remove and replace operating components that cannot be repaired. E. Remove and replace chipped, scratched, and broken glass or reflective surfaces. END OF SECTION 017300 Cheshire High School Gym Floor Replacement 017300-7 CLOSEOUT PROCEDURES SECTION 017700 - CLOSEOUT PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. 1.2 Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY A. Section includes administrative and procedural requirements for contract closeout, including, but not limited to, the following: 1. 2. 3. B. Related Sections: 1. 2. 3. 4. 1.3 Substantial Completion procedures. Final completion procedures. Warranties. Section 017300 "Execution" for progress cleaning of Project site. Section 017823 "Operation and Maintenance Data" for operation and maintenance manual requirements. Section 017839 "Project Record Documents" for submitting Record Drawings, Record Specifications, and Record Product Data. Divisions 02 through 49 Sections for specific closeout and special cleaning requirements for the Work in those Sections. SUBSTANTIAL COMPLETION A. Preliminary Procedures: Before requesting inspection for determining date of Substantial Completion, complete the following. List items below that are incomplete with request. 1. 2. 3. 4. 5. 6. 7. 8. Prepare a list of items to be completed and corrected (punch list), the value of items on the list, and reasons why the Work is not complete. Advise Owner of pending insurance changeover requirements. Submit specific warranties, workmanship bonds, maintenance service agreements, final certifications, and similar documents. Obtain and submit releases permitting Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases. Prepare and submit Project Record Documents, operation and maintenance manuals, final completion construction photographic documentation, damage or settlement surveys, property surveys, and similar final record information. Deliver tools, spare parts, extra materials, and similar items to location designated by Owner. Label with manufacturer's name and model number where applicable. Terminate and remove temporary facilities from Project site, along with mockups, construction tools, and similar elements. Complete final cleaning requirements, including touchup painting. Cheshire High School Gym Floor Replacement 017700-1 CLOSEOUT PROCEDURES 9. B. Inspection: Submit a written request for inspection for Substantial Completion. On receipt of request, Architect will either proceed with inspection or notify Contractor of unfulfilled requirements. Architect will prepare the Certificate of Substantial Completion after inspection or will notify Contractor of items, either on Contractor's list or additional items identified by Architect, that must be completed or corrected before certificate will be issued. 1. 2. 1.4 Touch up and otherwise repair and restore marred exposed finishes to eliminate visual defects. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. Results of completed inspection will form the basis of requirements for final completion. FINAL COMPLETION A. Preliminary Procedures: Before requesting final inspection for determining final completion, complete the following: 1. 2. 3. 4. 5. 6. B. Inspection: Submit a written request for final inspection for acceptance. On receipt of request, Architect will either proceed with inspection or notify Contractor of unfulfilled requirements. Architect will prepare a final Certificate for Payment after inspection or will notify Contractor of construction that must be completed or corrected before certificate will be issued. 1. 1.5 Submit a final Application for Payment according to Section 012900 "Payment Procedures." Submit certified copy of Architect's Substantial Completion inspection list of items to be completed or corrected (punch list), endorsed and dated by Architect. The certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance. Submit evidence of final, continuing insurance coverage complying with insurance requirements. Submit pest-control final inspection report and warranty. Instruct Owner's personnel in operation, adjustment, and maintenance of products, equipment, and systems. Secure and provide both temporary and final Certificate of Occupancy from the Building Official, meeting all local and state permit closeout requirements. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. LIST OF INCOMPLETE ITEMS (PUNCH LIST) A. Organization of List: Include name and identification of each space and area affected by construction operations for incomplete items and items needing correction including, if necessary, areas disturbed by Contractor that are outside the limits of construction. Use CSI Form 14.1A. 1. 2. Organize list of spaces in sequential order, starting with exterior areas first and proceeding from lowest floor to highest floor. Organize items applying to each space by major element, including categories for ceiling, individual walls, floors, equipment, and building systems. Cheshire High School Gym Floor Replacement 017700-2 CLOSEOUT PROCEDURES 3. Include the following information at the top of each page: a. b. c. d. e. 4. Submit list of incomplete items in the following format: a. 1.6 Project name. Date. Name of Architect. Name of Contractor. Page number. PDF electronic file. Architect will return annotated file. WARRANTIES A. Submittal Time: Submit written warranties on request of Architect for designated portions of the Work where commencement of warranties other than date of Substantial Completion is indicated. B. Partial Occupancy: Submit properly executed warranties within fifteen (15) days of completion of designated portions of the Work that are completed and occupied or used by Owner during construction period by separate agreement with Contractor. C. Organize warranty documents into an orderly sequence based on the table of contents of the Project Manual. 1. 2. 3. 4. D. Bind warranties and bonds in heavy-duty, three-ring, vinyl-covered, loose-leaf binders, thickness as necessary to accommodate contents, and sized to receive 8½-by-11-inch paper. Provide heavy paper dividers with plastic-covered tabs for each separate warranty. Mark tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product and the name, address, and telephone number of Installer. Identify each binder on the front and spine with the typed or printed title "WARRANTIES," Project name, and name of Contractor. Scan warranties and bonds and assemble complete warranty and bond submittal package into a single indexed electronic PDF file with links enabling navigation to each item. Provide table of contents at beginning of document. Provide additional copies of each warranty to include in operation and maintenance manuals. PART 2 - PRODUCTS 2.1 MATERIALS A. Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property or that might damage finished surfaces. Cheshire High School Gym Floor Replacement 017700-3 CLOSEOUT PROCEDURES PART 3 - EXECUTION (Not Used) END OF SECTION 017700 Cheshire High School Gym Floor Replacement 017700-4 OPERATION AND MAINTENANCE DATA SECTION 017823 - OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. 1.2 Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY A. Section includes administrative and procedural requirements for preparing operation and maintenance manuals, including the following: 1. B. Related Sections: 1. 2. 1.3 Product maintenance manuals. Section 013300 "Submittal Procedures" for submitting copies of submittals for operation and maintenance manuals. Divisions 02 through 49 Sections for specific operation and maintenance manual requirements for the Work in those Sections. CLOSEOUT SUBMITTALS A. Manual Content: Operations and maintenance manual content is specified in individual specification sections to be reviewed at the time of Section submittals. Submit reviewed manual content formatted and organized as required by this Section. 1. B. Where applicable, clarify and update reviewed manual content to correspond to modifications and field conditions. Format: Submit operations and maintenance manuals in the following format: 1. Three (3) paper copies. Include a complete operation and maintenance directory. Enclose title pages and directories in clear plastic sleeves. Architect will return two (2) copies. C. Initial Manual Submittal: Submit draft copy of each manual at least thirty (30) days before commencing demonstration and training. Architect will comment on whether general scope and content of manual are acceptable. D. Final Manual Submittal: Submit each manual in final form prior to requesting inspection for Substantial Completion and at least fifteen (15) days before commencing demonstration and training. Architect will return copy with comments. 1. Correct or modify each manual to comply with Architect's comments. Submit copies of each corrected manual within fifteen (15) days of receipt of Architect's comments and prior to commencing demonstration and training. Cheshire High School Gym Floor Replacement 017823-1 OPERATION AND MAINTENANCE DATA PART 2 - PRODUCTS 2.1 REQUIREMENTS FOR MAINTENANCE MANUALS A. Organization: Unless otherwise indicated, organize each manual into a separate section for each system and subsystem, and a separate section for each piece of equipment not part of a system. Each manual shall contain the following materials, in the order listed: 1. 2. 3. B. Title Page: Include the following information: 1. 2. 3. 4. 5. 6. 7. 8. C. Title page. Table of contents. Manual contents. Subject matter included in manual. Name and address of Project. Name and address of Owner. Date of submittal. Name and contact information for Contractor. Name and contact information for Architect. Names and contact information for major consultants to the Architect that designed the systems contained in the manuals. Cross-reference to related systems in other operation and maintenance manuals. Table of Contents: List each product included in manual, identified by product name, indexed to the content of the volume, and cross-referenced to Specification Section number in Project Manual. 1. If operation or maintenance documentation requires more than one (1) volume to accommodate data, include comprehensive table of contents for all volumes in each volume of the set. D. Manual Contents: Organize into sets of manageable size. Arrange contents alphabetically by system, subsystem, and equipment. If possible, assemble instructions for subsystems, equipment, and components of one (1) system into a single binder. E. Manuals, Paper Copy: Submit manuals in the form of hard copy, bound and labeled volumes. 1. Binders: Heavy-duty, three-ring, vinyl-covered, loose-leaf binders, in thickness necessary to accommodate contents, sized to hold 8½-by-11-inch paper; with clear plastic sleeve on spine to hold label describing contents and with pockets inside covers to hold folded oversize sheets. a. b. If two (2) or more binders are necessary to accommodate data of a system, organize data in each binder into groupings by subsystem and related components. Cross-reference other binders if necessary to provide essential information for proper operation or maintenance of equipment or system. Identify each binder on front and spine, with printed title "OPERATION AND MAINTENANCE MANUAL," Project title or name, and subject matter of contents. Indicate volume number for multiple-volume sets. Cheshire High School Gym Floor Replacement 017823-2 OPERATION AND MAINTENANCE DATA 2. 3. 4. 5. Dividers: Heavy-paper dividers with plastic-covered tabs for each section of the manual. Mark each tab to indicate contents. Include typed list of products and major components of equipment included in the section on each divider, cross-referenced to Specification Section number and title of Project Manual. Protective Plastic Sleeves: Transparent plastic sleeves designed to enclose diagnostic software storage media for computerized electronic equipment. Supplementary Text: Prepared on 8½-by-11-inch white bond paper. Drawings: Attach reinforced, punched binder tabs on drawings and bind with text. a. b. 2.2 If oversize drawings are necessary, fold drawings to same size as text pages and use as foldouts. If drawings are too large to be used as foldouts, fold and place drawings in labeled envelopes and bind envelopes in rear of manual. At appropriate locations in manual, insert typewritten pages indicating drawing titles, descriptions of contents, and drawing locations. PRODUCT MAINTENANCE MANUALS A. Content: Organize manual into a separate section for each product, material, and finish. Include source information, product information, maintenance procedures, repair materials and sources, and warranties and bonds, as described below. B. Source Information: List each product included in manual, identified by product name and arranged to match manual's table of contents. For each product, list name, address, and telephone number of Installer or supplier and maintenance service agent, and cross-reference Specification Section number and title in Project Manual and drawing or schedule designation or identifier where applicable. C. Product Information: Include the following, as applicable: 1. 2. 3. 4. 5. D. Product name and model number. Manufacturer's name. Color, pattern, and texture. Material and chemical composition. Reordering information for specially manufactured products. Maintenance Procedures: Include manufacturer's written recommendations and the following: 1. 2. 3. 4. 5. Inspection procedures. Types of cleaning agents to be used and methods of cleaning. List of cleaning agents and methods of cleaning detrimental to product. Schedule for routine cleaning and maintenance. Repair instructions. E. Repair Materials and Sources: Include lists of materials and local sources of materials and related services. F. Warranties and Bonds: Include copies of warranties and bonds and lists of circumstances and conditions that would affect validity of warranties or bonds. 1. Include procedures to follow and required notifications for warranty claims. Cheshire High School Gym Floor Replacement 017823-3 OPERATION AND MAINTENANCE DATA PART 3 - EXECUTION 3.1 MANUAL PREPARATION A. Product Maintenance Manual: Assemble a complete set of maintenance data indicating care and maintenance of each product, material, and finish incorporated into the Work. B. Manufacturers' Data: Where manuals contain manufacturers' standard printed data, include only sheets pertinent to product or component installed. Mark each sheet to identify each product or component incorporated into the Work. If data include more than one (1) item in a tabular format, identify each item using appropriate references from the Contract Documents. Identify data applicable to the Work and delete references to information not applicable. 1. C. Drawings: Prepare drawings supplementing manufacturers' printed data to illustrate the relationship of component parts of equipment and systems and to illustrate control sequence and flow diagrams. Coordinate these drawings with information contained in record Drawings to ensure correct illustration of completed installation. 1. 2. D. Prepare supplementary text if manufacturers' standard printed data are not available and where the information is necessary for proper operation and maintenance of equipment or systems. Do not use original project record documents as part of operation and maintenance manuals. Comply with requirements of newly prepared record Drawings in Section 017839 "Project Record Documents." Comply with Section 017700 "Closeout Procedures" for schedule for submitting operation and maintenance documentation. END OF SECTION 017823 Cheshire High School Gym Floor Replacement 017823-4 PROJECT RECORD DOCUMENTS SECTION 017839 - PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. 1.2 Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY A. Section includes administrative and procedural requirements for project record documents, including the following: 1. 2. 3. 4. B. Related Sections: 1. 2. 3. 4. 1.3 Record Drawings. Record Specifications. Record Product Data. Miscellaneous record submittals. Section 017300 "Execution" for final property survey. Section 017700 "Closeout Procedures" for general closeout procedures. Section 017823 "Operation and Maintenance Data" for operation and maintenance manual requirements. Divisions 02 through 49 Sections for specific requirements for project record documents of the Work in those Sections. CLOSEOUT SUBMITTALS A. Record Drawings: Comply with the following: 1. Number of Copies: Submit one (1) set(s) of marked-up record prints. B. Record Specifications: Submit one (1) paper copy of Project's Specifications, including addenda and contract modifications. C. Record Product Data: Submit one (1) paper copy of each submittal. 1. Where record Product Data are required as part of operation and maintenance manuals, submit duplicate marked-up Product Data as a component of manual. PART 2 - PRODUCTS 2.1 RECORD DRAWINGS A. Record Prints: Maintain one (1) set of marked-up paper copies of the Contract Drawings and Shop Drawings. Cheshire High School Gym Floor Replacement 017839-1 PROJECT RECORD DOCUMENTS 1. Preparation: Mark record prints to show the actual installation where installation varies from that shown originally. Require individual or entity who obtained record data, whether individual or entity is Installer, subcontractor, or similar entity, to provide information for preparation of corresponding marked-up record prints. a. b. c. d. e. 2. Content: Types of items requiring marking include, but are not limited to, the following: a. b. c. d. e. f. g. h. i. j. k. l. m. n. 3. 4. 5. 6. B. Give particular attention to information on concealed elements that would be difficult to identify or measure and record later. Accurately record information in an acceptable drawing technique. Record data as soon as possible after obtaining it. Record and check the markup before enclosing concealed installations. Cross-reference record prints to corresponding archive photographic documentation. Dimensional changes to Drawings. Revisions to details shown on Drawings. Depths of foundations below first floor. Locations and depths of underground utilities. Revisions to routing of piping and conduits. Revisions to electrical circuitry. Actual equipment locations. Duct size and routing. Locations of concealed internal utilities. Changes made by Change Order or Construction Change Directive. Changes made following Architect's written orders. Details not on the original Contract Drawings. Field records for variable and concealed conditions. Record information on the Work that is shown only schematically. Mark the Contract Drawings and Shop Drawings completely and accurately. Utilize personnel proficient at recording graphic information in production of marked-up record prints. Mark record sets with erasable, red-colored pencil. Use other colors to distinguish between changes for different categories of the Work at same location. Mark important additional information that was either shown schematically or omitted from original Drawings. Note Construction Change Directive numbers, alternate numbers, Change Order numbers, and similar identification, where applicable. Format: Identify and date each record Drawing; include the designation "PROJECT RECORD DRAWING" in a prominent location. 1. 2. 3. Record Prints: Organize record prints and newly prepared record Drawings into manageable sets. Bind each set with durable paper cover sheets. Include identification on cover sheets. Format: Paper copy. Identification: As follows: a. b. Project name. Date. Cheshire High School Gym Floor Replacement 017839-2 PROJECT RECORD DOCUMENTS c. d. e. 2.2 Designation "PROJECT RECORD DRAWINGS." Name of Architect. Name of Contractor. RECORD SPECIFICATIONS A. Preparation: Mark Specifications to indicate the actual product installation where installation varies from that indicated in Specifications, addenda, and contract modifications. 1. 2. 3. 4. 5. B. 2.3 Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. Mark copy with the proprietary name and model number of products, materials, and equipment furnished, including substitutions and product options selected. Record the name of manufacturer, supplier, Installer, and other information necessary to provide a record of selections made. For each principal product, indicate whether record Product Data has been submitted in operation and maintenance manuals instead of submitted as record Product Data. Note related Change Orders, record Product Data, and record Drawings where applicable. Format: Submit record Specifications as paper copy. RECORD PRODUCT DATA A. Preparation: Mark Product Data to indicate the actual product installation where installation varies substantially from that indicated in Product Data submittal. 1. 2. 3. B. Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. Include significant changes in the product delivered to Project site and changes in manufacturer's written instructions for installation. Note related Change Orders, record Specifications, and record Drawings where applicable. Format: Submit record Product Data as paper copy. 1. Include record Product Data directory organized by specification section number and title, electronically linked to each item of record Product Data. PART 3 - EXECUTION 3.1 RECORDING AND MAINTENANCE A. Recording: Maintain one (1) copy of each submittal during the construction period for project record document purposes. Post changes and modifications to project record documents as they occur; do not wait until the end of Project. B. Maintenance of Record Documents and Samples: Store record documents and Samples in the field office apart from the Contract Documents used for construction. Do not use project record documents for construction purposes. Maintain record documents in good order and in a clean, Cheshire High School Gym Floor Replacement 017839-3 PROJECT RECORD DOCUMENTS dry, legible condition, protected from deterioration and loss. Provide access to project record documents for Architect's reference during normal working hours. END OF SECTION 017839 Cheshire High School Gym Floor Replacement 017839-4 SELECTIVE DEMOLITION SECTION 024119 - SELECTIVE DEMOLITION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. 1.2 Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. SUMMARY A. Section Includes: 1. 2. 1.3 Demolition and removal of selected portions of building or structure. Demolition contractor must be hazmat approved. DEFINITIONS A. Remove: Detach items from existing construction and legally dispose of them off-site unless indicated to be removed and salvaged or removed and reinstalled. B. Remove and Reinstall: Detach items from existing construction, prepare for reuse, and reinstall where indicated. C. Existing to Remain: Existing items of construction that are not to be permanently removed and that are not otherwise indicated to be removed, removed and salvaged, or removed and reinstalled. 1.4 MATERIALS OWNERSHIP A. Unless otherwise indicated, demolition waste becomes property of Contractor. B. Historic items, relics, antiques, and similar objects including, but not limited to, cornerstones and their contents, commemorative plaques and tablets, and other items of interest or value to Owner that may be uncovered during demolition remain the property of Owner. 1. 1.5 Carefully salvage in a manner to prevent damage and promptly return to Owner. PREINSTALLATION MEETINGS A. Predemolition Conference: Conduct conference at Project site. 1. 2. 3. 4. 5. Inspect and discuss condition of construction to be selectively demolished. Review structural load limitations of existing structure. Review and finalize selective demolition schedule and verify availability of materials, demolition personnel, equipment, and facilities needed to make progress and avoid delays. Review requirements of work performed by other trades that rely on substrates exposed by selective demolition operations. Review areas where existing construction is to remain and requires protection. Cheshire High School Gym Floor Replacement 024119-1 SELECTIVE DEMOLITION 1.6 INFORMATIONAL SUBMITTALS A. Proposed Protection Measures: Submit report, including drawings, that indicates the measures proposed for protecting individuals and property, for environmental protection, for dust control and for noise control. Indicate proposed locations and construction of barriers. B. Schedule of Selective Demolition Activities: Indicate the following: 1. 2. 3. 4. Detailed sequence of selective demolition and removal work, with starting and ending dates for each activity. Ensure Owner's on-site operations are uninterrupted. Interruption of utility services. Indicate how long utility services will be interrupted. Coordination for shutoff, capping, and continuation of utility services. Coordination of Owner's continuing occupancy of portions of existing building and of Owner's partial occupancy of completed Work. C. Predemolition Photographs or Video: Submit before Work begins. D. Warranties: Documentation indicated that existing warranties are still in effect after completion of selective demolition. 1.7 CLOSEOUT SUBMITTALS A. Inventory: Submit a list of items that have been removed and salvaged. B. Landfill Records: Indicate receipt and acceptance of hazardous wastes by a landfill facility licensed to accept hazardous wastes. 1.8 FIELD CONDITIONS A. Owner will occupy portions of building immediately adjacent to selective demolition area. Conduct selective demolition so Owner's operations will not be disrupted. B. Conditions existing at time of inspection for bidding purpose will be maintained by Owner as far as practical. C. Notify Architect of discrepancies between existing conditions and Drawings before proceeding with selective demolition. D. Hazardous Materials: Hazardous materials are present in buildings and structures to be selectively demolished. A report on the presence of hazardous materials is included for review and use. Examine report to become aware of locations where hazardous materials are present. 1. 2. Hazardous material remediation is specified elsewhere in the Contract Documents. Do not disturb hazardous materials or items suspected of containing hazardous materials except under procedures specified elsewhere in the Contract Documents. E. Storage or sale of removed items or materials on-site is not permitted. F. Utility Service: Maintain existing utilities indicated to remain in service and protect them against damage during selective demolition operations. 1. Maintain fire-protection facilities in service during selective demolition operations. Cheshire High School Gym Floor Replacement 024119-2 SELECTIVE DEMOLITION PART 2 - PRODUCTS 2.1 PEFORMANCE REQUIREMENTS A. Regulatory Requirements: Comply with governing EPA notification regulations before beginning selective demolition. Comply with hauling and disposal regulations of authorities having jurisdiction. B. Standards: Comply with ANSI/ASSE A10.6 and NFPA 241. PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that utilities have been disconnected and capped before starting selective demolition operations. B. Review record documents of existing construction provided by Owner. Owner does not guarantee that existing conditions are same as those indicated in record documents. C. Survey existing conditions and correlate with requirements indicated to determine extent of selective demolition required. D. When unanticipated mechanical, electrical, or structural elements that conflict with intended function or design are encountered, investigate and measure the nature and extent of conflict. Promptly submit a written report to Architect. E. Perform an engineering survey of condition of building to determine whether removing any element might result in structural deficiency or unplanned collapse of any portion of structure or adjacent structures during selective building demolition operations. 1. F. Survey of Existing Conditions: Record existing conditions by use of measured drawings and preconstruction photographs. 1. 2. 3.2 Perform surveys as the Work progresses to detect hazards resulting from selective demolition activities. Comply with requirements specified in Section 013233 "Photographic Documentation." Inventory and record the condition of items to be removed and salvaged. Provide photographs of conditions that might be misconstrued as damage caused by salvage operations. UTILITY SERVICES AND MECHANICAL/ELECTRICAL SYSTEMS A. Existing Services/Systems to Remain: Maintain services/systems indicated to remain and protect them against damage. B. Existing Services/Systems to Be Removed, Relocated, or Abandoned: Locate, identify, disconnect, and seal or cap off indicated utility services and mechanical/electrical systems serving areas to be selectively demolished. Cheshire High School Gym Floor Replacement 024119-3 SELECTIVE DEMOLITION 1. 2. 3. Owner will arrange to shut off indicated services/systems when requested by Contractor. If services/systems are required to be removed, relocated, or abandoned, provide temporary services/systems that bypass area of selective demolition and that maintain continuity of services/systems to other parts of building. Disconnect, demolish, and remove fire-suppression systems, plumbing, and HVAC systems, equipment, and components indicated to be removed. a. b. c. d. e. f. g. 3.3 Piping to Be Removed: Remove portion of piping indicated to be removed and cap or plug remaining piping with same or compatible piping material. Piping to Be Abandoned in Place: Drain piping and cap or plug piping with same or compatible piping material. Equipment to Be Removed: Disconnect and cap services and remove equipment. Equipment to Be Removed and Reinstalled: Disconnect and cap services and remove, clean, and store equipment; when appropriate, reinstall, reconnect, and make equipment operational. Equipment to Be Removed and Salvaged: Disconnect and cap services and remove equipment and deliver to Owner. Ducts to Be Removed: Remove portion of ducts indicated to be removed and plug remaining ducts with same or compatible ductwork material. Ducts to Be Abandoned in Place: Cap or plug ducts with same or compatible ductwork material. PREPARATION A. Site Access and Temporary Controls: Conduct selective demolition and debris-removal operations to ensure minimum interference with roads, streets, walks, walkways, and other adjacent occupied and used facilities. B. Temporary Facilities: Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings and facilities to remain. 1. 2. 3. 4. 5. 3.4 Provide protection to ensure safe passage of people around selective demolition area and to and from occupied portions of building. Provide temporary weather protection, during interval between selective demolition of existing construction on exterior surfaces and new construction, to prevent water leakage and damage to structure and interior areas. Protect walls, ceilings, floors, and other existing finish work that are to remain or that are exposed during selective demolition operations. Cover and protect furniture, furnishings, and equipment that have not been removed. Comply with requirements for temporary enclosures, dust control, heating, and cooling. SELECTIVE DEMOLITION, GENERAL A. General: Demolish and remove existing construction only to the extent required by new construction and as indicated. Use methods required to complete the Work within limitations of governing regulations and as follows: 1. Proceed with selective demolition systematically, from higher to lower level. Complete selective demolition operations above each floor or tier before disturbing supporting members on the next lower level. Cheshire High School Gym Floor Replacement 024119-4 SELECTIVE DEMOLITION 2. 3. 4. 5. 6. 7. 8. 9. B. Removed and Reinstalled Items: 1. 2. 3. 4. C. 3.5 Neatly cut openings and holes plumb, square, and true to dimensions required. Use cutting methods least likely to damage construction to remain or adjoining construction. Use hand tools or small power tools designed for sawing or grinding, not hammering and chopping, to minimize disturbance of adjacent surfaces. Temporarily cover openings to remain. Cut or drill from the exposed or finished side into concealed surfaces to avoid marring existing finished surfaces. Do not use cutting torches until work area is cleared of flammable materials. At concealed spaces, such as duct and pipe interiors, verify condition and contents of hidden space before starting flame-cutting operations. Maintain fire watch and portable firesuppression devices during flame-cutting operations. Maintain adequate ventilation when using cutting torches. Remove decayed, vermin-infested, or otherwise dangerous or unsuitable materials and promptly dispose of off-site. Remove structural framing members and lower to ground by method suitable to avoid free fall and to prevent ground impact or dust generation. Locate selective demolition equipment and remove debris and materials so as not to impose excessive loads on supporting walls, floors, or framing. Dispose of demolished items and materials promptly. Clean and repair items to functional condition adequate for intended reuse. Pack or crate items after cleaning and repairing. Identify contents of containers. Protect items from damage during transport and storage. Reinstall items in locations indicated. Comply with installation requirements for new materials and equipment. Provide connections, supports, and miscellaneous materials necessary to make item functional for use indicated. Existing Items to Remain: Protect construction indicated to remain against damage and soiling during selective demolition. When permitted by Architect, items may be removed to a suitable, protected storage location during selective demolition and cleaned and reinstalled in their original locations after selective demolition operations are complete. SELECTIVE DEMOLITION PROCEDURES FOR SPECIFIC MATERIALS A. 3.6 Concrete Slabs-on-Grade: Saw-cut perimeter of area to be demolished, then break up and remove. DISPOSAL OF DEMOLISHED MATERIALS A. General: Except for items or materials indicated to be recycled, reused, salvaged, reinstalled, or otherwise indicated to remain Owner's property, remove demolished materials from Project site and legally dispose of them in an EPA-approved landfill. 1. 2. 3. Do not allow demolished materials to accumulate on-site. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas. Remove debris from elevated portions of building by chute, hoist, or other device that will convey debris to grade level in a controlled descent. Cheshire High School Gym Floor Replacement 024119-5 SELECTIVE DEMOLITION B. Burning: Do not burn demolished materials. C. Disposal: Transport demolished materials off Owner's property and legally dispose of them. 3.7 CLEANING A. Clean adjacent structures and improvements of dust, dirt, and debris caused by selective demolition operations. Return adjacent areas to condition existing before selective demolition operations began. END OF SECTION 024119 Cheshire High School Gym Floor Replacement 024119-6 GYPSUM CEMENT UNDERLAYMENT SECTION 035413 - GYPSUM CEMENT UNDERLAYMENT PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. 1.2 Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. SUMMARY A. 1.3 Section includes gypsum-cement-based, self-leveling underlayment for application below interior floor coverings. ACTION SUBMITTALS A. Product Data: For each type of product indicated. B. Shop Drawings: Include plans indicating substrates, locations, and average depths of underlayment based on survey of substrate conditions. 1.4 INFORMATIONAL SUBMITTALS A. Qualification Data: For qualified Installer. B. Product Certificates: Signed by manufacturers of underlayment and floor-covering systems certifying that products are compatible. C. Minutes of preinstallation conference. 1.5 QUALITY ASSURANCE A. Installer Qualifications: Installer who is approved by manufacturer for application of underlayment products required for this Project. B. Product Compatibility: Manufacturers of underlayment and floor-covering systems certify in writing that products are compatible. C. Fire-Resistance Ratings: Where indicated, provide gypsum-cement underlayment systems identical to those of assemblies tested for fire resistance per ASTM E 119 by a qualified testing agency. Identify products with appropriate markings of applicable testing agency. 1. D. Indicate design designations from UL's "Fire Resistance Directory" or from the listings of another qualified testing agency. Sound Transmission Characteristics: Where indicated, provide gypsum-cement underlayment systems identical to those of assemblies tested for STC and IIC ratings per ASTM E 90 and ASTM E 492 by a qualified testing agency. Cheshire High School Gym Floor Replacement 035413-1 GYPSUM CEMENT UNDERLAYMENT 1.6 DELIVERY, STORAGE, AND HANDLING A. 1.7 Store materials to comply with manufacturer's written instructions to prevent deterioration from moisture or other detrimental effects. PROJECT CONDITIONS A. Environmental Limitations: Comply with manufacturer's written instructions for substrate temperature, ventilation, ambient temperature and humidity, and other conditions affecting underlayment performance. 1. 1.8 Place gypsum-cement-based underlayments only when ambient temperature and temperature of substrates are between 50 and 80 deg F (10 and 27 deg C). COORDINATION A. Coordinate application of underlayment with requirements of floor-covering products and adhesives, to ensure compatibility of products. PART 2 - PRODUCTS 2.1 GYPSUM-CEMENT-BASED UNDERLAYMENTS A. Underlayment: Gypsum-cement-based, self-leveling product that can be applied in minimum uniform thickness of 1/8 inch and that can be feathered at edges to match adjacent floor elevations. 1. Products: Subject to compliance with requirements, available products that may be incorporated into the Work include, but are not limited to, the following: a. b. c. d. 2. 3. 4. B. Ardex; LU-100 Self-Leveling Flooring Underlayment Euclid Chemical Company (The); Flo-Top USG Corporation; Levelrock Quik-Top Substitutions: Under provisions of Section 012500 “Substitution Procedures”. Cement Binder: Gypsum or blended gypsum cement as defined by ASTM C 219. Compressive Strength: Not less than 4000 psi at twenty-eight (28) days when tested according to ASTM C 109. Underlayment Additive: Resilient-emulsion product of underlayment manufacturer, formulated for use with underlayment when applied to substrate and conditions indicated. Aggregate: Well-graded, washed gravel, 1/8 to ¼ inch; or coarse sand as recommended by underlayment manufacturer. 1. Provide aggregate when recommended in writing by underlayment manufacturer for underlayment thickness required. C. Water: Potable and at a temperature of not more than 70 deg F (21 deg C). D. Reinforcement: For underlayment applied to wood substrates, provide galvanized metal lath or other corrosion-resistant reinforcement recommended in writing by underlayment manufacturer. Cheshire High School Gym Floor Replacement 035413-2 GYPSUM CEMENT UNDERLAYMENT E. Primer: Product of underlayment manufacturer recommended in writing for substrate, conditions, and application indicated. 1. Primer shall have a VOC content of 200 g/L or less when calculated according to 40 CFR 59, Subpart D. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates, with Installer present, for conditions affecting performance. 1. 3.2 Proceed with application only after unsatisfactory conditions have been corrected. PREPARATION A. General: Prepare and clean substrate according to manufacturer's written instructions. 1. 2. B. Concrete Substrates: Mechanically remove, according to manufacturer's written instructions, laitance, glaze, efflorescence, curing compounds, form-release agents, dust, dirt, grease, oil, and other contaminants that might impair underlayment bond. 1. C. Treat nonmoving substrate cracks according to manufacturer's written instructions to prevent cracks from telegraphing (reflecting) through underlayment. Fill substrate voids to prevent underlayment from leaking. Moisture Testing: Perform anhydrous calcium chloride test, ASTM F 1869. Proceed with installation only after substrates do not exceed a maximum moisture-vapor-emission rate of 3 lb of water/1000 sq. ft. in twenty-four (24) hours. Wood Substrates: Mechanically fasten loose boards and panels to eliminate substrate movement and squeaks. Sand to remove coatings that might impair underlayment bond and remove sanding dust. 1. Install underlayment reinforcement recommended in writing by manufacturer. D. Metal Substrates: Mechanically remove, according to manufacturer's written instructions, rust, foreign matter, and other contaminants that might impair underlayment bond. Apply corrosionresistant coating compatible with underlayment if recommended in writing by underlayment manufacturer. E. Nonporous Substrates: For ceramic tile, quarry tile, and terrazzo substrates, remove waxes, sealants, and other contaminants that might impair underlayment bond, and prepare surfaces according to manufacturer's written instructions. F. Adhesion Tests: After substrate preparation, test substrate for adhesion with underlayment according to manufacturer's written instructions. Cheshire High School Gym Floor Replacement 035413-3 GYPSUM CEMENT UNDERLAYMENT 3.3 APPLICATION A. General: Mix and apply underlayment components according to manufacturer's written instructions. 1. 2. 3. Close areas to traffic during underlayment application and for time period after application recommended in writing by manufacturer. Coordinate application of components to provide optimum underlayment-to-substrate and intercoat adhesion. At substrate expansion, isolation, and other moving joints, allow joint of same width to continue through underlayment. B. Apply primer over prepared substrate at manufacturer's recommended spreading rate. C. Apply underlayment to produce uniform, level surface. 1. 2. Apply a final layer without aggregate to product surface. Feather edges to match adjacent floor elevations. D. Cure underlayment according to manufacturer's written instructions. Prevent contamination during application and curing processes. E. Do not install floor coverings over underlayment until after time period recommended in writing by underlayment manufacturer. F. Remove and replace underlayment areas that evidence lack of bond with substrate, including areas that emit a "hollow" sound when tapped. 3.4 PROTECTION A. Protect underlayment from concentrated and rolling loads for remainder of construction period. END OF SECTION 035413 Cheshire High School Gym Floor Replacement 035413-4 ROUGH CARPENTRY SECTION 061000 - ROUGH CARPENTRY PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. 1.2 Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. SUMMARY A. Section Includes: 1. 1.3 Wood blocking and nailers. DEFINITIONS A. Lumber grading agencies, and the abbreviations used to reference them, include the following: 1. 2. 3. 4. 1.4 NeLMA: Northeastern Lumber Manufacturers' Association. NLGA: National Lumber Grades Authority. WCLIB: West Coast Lumber Inspection Bureau. WWPA: Western Wood Products Association. ACTION SUBMITTALS A. Product Data: For each type of process and factory-fabricated product. Indicate component materials and dimensions and include construction and application details. 1. 2. 3. 4. 1.5 Include data for wood-preservative treatment from chemical treatment manufacturer and certification by treating plant that treated materials comply with requirements. Indicate type of preservative used and net amount of preservative retained. Include data for fire-retardant treatment from chemical treatment manufacturer and certification by treating plant that treated materials comply with requirements. Include physical properties of treated materials based on testing by a qualified independent testing agency. For fire-retardant treatments, include physical properties of treated lumber both before and after exposure to elevated temperatures, based on testing by a qualified independent testing agency according to ASTM D 5664. Include copies of warranties from chemical treatment manufacturers for each type of treatment. INFORMATIONAL SUBMITTALS A. Evaluation Reports: For the following, from ICC-ES: 1. 2. 3. 4. Wood-preservative-treated wood. Fire-retardant-treated wood. Power-driven fasteners. Powder-actuated fasteners. Cheshire High School Gym Floor Replacement 061000-1 ROUGH CARPENTRY 5. 1.6 Expansion anchors. QUALITY ASSURANCE A. 1.7 Testing Agency Qualifications: For testing agency providing classification marking for fireretardant treated material, an inspection agency acceptable to authorities having jurisdiction that periodically performs inspections to verify that the material bearing the classification marking is representative of the material tested. DELIVERY, STORAGE, AND HANDLING A. Stack lumber flat with spacers beneath and between each bundle to provide air circulation. Protect lumber from weather by covering with waterproof sheeting, securely anchored. Provide for air circulation around stacks and under coverings. PART 2 - PRODUCTS 2.1 WOOD PRODUCTS, GENERAL A. Lumber: DOC PS 20 and applicable rules of grading agencies indicated. If no grading agency is indicated, provide lumber that complies with the applicable rules of any rules-writing agency certified by the ALSC Board of Review. Provide lumber graded by an agency certified by the ALSC Board of Review to inspect and grade lumber under the rules indicated. 1. 2. B. 2.2 Factory mark each piece of lumber with grade stamp of grading agency. Where nominal sizes are indicated, provide actual sizes required by DOC PS 20 for moisture content specified. Where actual sizes are indicated, they are minimum dressed sizes for dry lumber. Maximum Moisture Content of Lumber: Fifteen percent (15%) unless otherwise indicated. WOOD-PRESERVATIVE-TREATED LUMBER A. Preservative Treatment by Pressure Process: AWPA U1; Use Category UC2 for interior construction not in contact with the ground, Use Category UC3b for exterior construction not in contact with the ground, and Use Category UC4a for items in contact with the ground. 1. Preservative Chemicals: Acceptable to authorities having jurisdiction and containing no arsenic or chromium. B. Kiln-dry lumber after treatment to a maximum moisture content of fifteen percent (15%). Do not use material that is warped or that does not comply with requirements for untreated material. C. Mark lumber with treatment quality mark of an inspection agency approved by the ALSC Board of Review. D. Application: Treat items indicated on Drawings, and the following: 1. Wood sills, blocking, and similar concealed members in contact with masonry or concrete. Cheshire High School Gym Floor Replacement 061000-2 ROUGH CARPENTRY 2. 2.3 Wood framing attached directly to the interior of below-grade exterior masonry or concrete walls. FIRE-RETARDANT-TREATED MATERIALS A. General: Use materials complying with requirements in this article, that are acceptable to authorities having jurisdiction, and with fire-test-response characteristics specified as determined by testing identical products per test method indicated by a qualified testing agency. B. Fire-Retardant-Treated Lumber by Pressure Process: Products with a flame spread index of twenty-five (25) or less when tested according to ASTM E 84, and with no evidence of significant progressive combustion when the test is extended an additional twenty (20) minutes, and with the flame front not extending more than 10.5 feet beyond the centerline of the burners at any time during the test. 1. 2. 3. Use treatment that does not promote corrosion of metal fasteners. Treated materials shall comply with requirements specified above for fire-retardanttreated lumber and plywood by pressure process after being subjected to accelerated weathering according to ASTM D 2898. Use for all locations and where indicated. Design Value Adjustment Factors: Treated lumber shall be tested according ASTM D 5664 and design value adjustment factors shall be calculated according to ASTM D 6841. For enclosed roof framing, framing in attic spaces, and where high temperature fire-retardant treatment is indicated, provide material with adjustment factors of not less than 0.85 modulus of elasticity and 0.75 for extreme fiber in bending for Project's climatological zone. C. Kiln-dry lumber and plywood after treatment to a maximum moisture content of fifteen percent (15%). D. Identify fire-retardant-treated wood with appropriate classification marking of qualified testing agency. E. Application: Treat all rough carpentry unless otherwise indicated. 2.4 MISCELLANEOUS LUMBER A. General: Provide miscellaneous lumber indicated and lumber for support or attachment of other construction, including the following: 1. 2. 3. B. Blocking. Nailers. Grounds. Provide Standard, Stud, or No. 3 grade lumber and any of the following species: 1. 2. 3. Hem-fir (north); NLGA. Hem-fir; WCLIB or WWPA. Spruce-pine-fir (south); NeLMA, WCLIB, or WWPA. Cheshire High School Gym Floor Replacement 061000-3 ROUGH CARPENTRY 2.5 FASTENERS A. General: Provide fasteners of size and type indicated that comply with requirements specified in this article for material and manufacture. 1. Where rough carpentry is exposed to weather, in ground contact, pressure-preservative treated, or in area of high relative humidity, provide fasteners of Type 304 stainless steel. B. Nails, Brads, and Staples: ASTM F 1667. C. Power-Driven Fasteners: NES NER-272. D. Wood Screws: ASME B18.6.1. E. Lag Bolts: ASME B18.2.1. F. Bolts: Steel bolts complying with ASTM A 307, Grade A; with ASTM A 563 hex nuts and, where indicated, flat washers. G. Expansion Anchors: Anchor bolt and sleeve assembly of material indicated below with capability to sustain, without failure, a load equal to six (6) times the load imposed when installed in unit masonry assemblies and equal to four (4) times the load imposed when installed in concrete as determined by testing per ASTM E 488 conducted by a qualified independent testing and inspecting agency. 1. 2. Material: Carbon-steel components, zinc plated to comply with ASTM B 633, Class Fe/Zn 5. Material: Stainless steel with bolts and nuts complying with ASTM F 593 and ASTM F 594, Alloy Group 1 or 2. PART 3 - EXECUTION 3.1 INSTALLATION, GENERAL A. Set rough carpentry to required levels and lines, with members plumb, true to line, cut, and fitted. Fit rough carpentry to other construction; scribe and cope as needed for accurate fit. Locate nailers, blocking, and similar supports to comply with requirements for attaching other construction. B. Do not splice structural members between supports unless otherwise indicated. C. Provide blocking and framing as indicated and as required to support facing materials, fixtures, specialty items, and trim. D. Provide fire blocking in stud spaces and other concealed cavities as indicated and as follows: 1. Fire block concealed spaces of framed walls and partitions at each floor level, at ceiling line of top story, and at not more than 96 inches o.c. Where fire blocking is not inherent in framing system used, provide closely fitted solid wood blocks of same width as framing members and 2-inch nominal- thickness. Cheshire High School Gym Floor Replacement 061000-4 ROUGH CARPENTRY 2. Fire block concealed spaces between floor sleepers with same material as sleepers to limit concealed spaces to not more than 100 sq. ft. and to solidly fill space below partitions. E. Sort and select lumber so that natural characteristics will not interfere with installation or with fastening other materials to lumber. Do not use materials with defects that interfere with function of member or pieces that are too small to use with minimum number of joints or optimum joint arrangement. F. Comply with AWPA M4 for applying field treatment to cut surfaces of preservative-treated lumber. 1. G. Securely attach rough carpentry work to substrate by anchoring and fastening as indicated, complying with the following: 1. 2. H. 3.2 Use copper naphthenate for items not continuously protected from liquid water. NES NER-272 for power-driven fasteners. Table 2304.9.1, "Fastening Schedule," in ICC's International Building Code. Use steel common nails unless otherwise indicated. Select fasteners of size that will not fully penetrate members where opposite side will be exposed to view or will receive finish materials. Make tight connections between members. Install fasteners without splitting wood. Drive nails snug but do not countersink nail heads unless otherwise indicated. WOOD BLOCKING AND NAILER INSTALLATION A. Install where indicated and where required for attaching other work. Form to shapes indicated and cut as required for true line and level of attached work. Coordinate locations with other work involved. B. Attach items to substrates to support applied loading. Recess bolts and nuts flush with surfaces unless otherwise indicated. C. Where wood-preservative-treated lumber is installed adjacent to metal decking, install continuous flexible flashing separator between wood and metal decking. END OF SECTION 061000 Cheshire High School Gym Floor Replacement 061000-5 JOINT SEALANTS SECTION 079200 - JOINT SEALANTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. 1.2 Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. SUMMARY A. Section Includes: 1. 1.3 Butyl joint sealants. ACTION SUBMITTALS A. Product Data: For each joint-sealant product. B. Samples for Initial Selection: Manufacturer's color charts consisting of strips of cured sealants showing the full range of colors available for each product exposed to view. C. Samples for Verification: For each kind and color of joint sealant required, provide Samples with joint sealants in ½-inch-wide joints formed between two (2) 6-inch-long strips of material matching the appearance of exposed surfaces adjacent to joint sealants. D. Joint-Sealant Schedule: Include the following information: 1. 2. 3. 4. 1.4 Joint-sealant application, joint location, and designation. Joint-sealant manufacturer and product name. Joint-sealant formulation. Joint-sealant color. INFORMATIONAL SUBMITTALS A. Qualification Data: For qualified Installer. B. Product Test Reports: For each kind of joint sealant, for tests performed by manufacturer and witnessed by a qualified testing agency. C. Sample Warranties: For special warranties. 1.5 QUALITY ASSURANCE A. Installer Qualifications: An authorized representative who is trained and approved by manufacturer. B. Product Testing: Test joint sealants using a qualified testing agency. Cheshire High School Gym Floor Replacement 079200-1 JOINT SEALANTS 1. 1.6 Testing Agency Qualifications: Qualified according to ASTM C 1021 to conduct the testing indicated. FIELD CONDITIONS A. Do not proceed with installation of joint sealants under the following conditions: 1. 2. 3. 4. 1.7 When ambient and substrate temperature conditions are outside limits permitted by jointsealant manufacturer or are below 40 deg F (5 deg C). When joint substrates are wet. Where joint widths are less than those allowed by joint-sealant manufacturer for applications indicated. Where contaminants capable of interfering with adhesion have not yet been removed from joint substrates. WARRANTY A. Special Installer's Warranty: Installer agrees to repair or replace joint sealants that do not comply with performance and other requirements specified in this Section within specified warranty period. 1. Warranty Period: Two (2) years from date of Substantial Completion. PART 2 - PRODUCTS 2.1 JOINT SEALANTS, GENERAL A. Compatibility: Provide joint sealants, backings, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by joint-sealant manufacturer, based on testing and field experience. B. VOC Content of Interior Sealants: Sealants and sealant primers used inside the weatherproofing system shall comply with the following: 1. C. 2.2 Sealants and sealant primers for nonporous substrates shall have a VOC content of 250 g/L or less. Colors of Exposed Joint Sealants: As selected by Architect and Owner from manufacturer's full range. BUTYL JOINT SEALANTS A. Butyl-Rubber-Based Joint Sealants: ASTM C 1311. 1. Products: Subject to compliance with requirements, available products that may be incorporated into the Work include, but are not limited to, the following: a. b. c. Bostik, Inc. Pecora Corporation Substitutions: Under provisions of Section 012500 “Substitution Procedures”. Cheshire High School Gym Floor Replacement 079200-2 JOINT SEALANTS 2.3 JOINT-SEALANT BACKING A. Sealant Backing Material, General: Nonstaining; compatible with joint substrates, sealants, primers, and other joint fillers; and approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. B. Cylindrical Sealant Backings: ASTM C 1330, Type B (bicellular material with a surface skin), and of size and density to control sealant depth and otherwise contribute to producing optimum sealant performance. C. Bond-Breaker Tape: Polyethylene tape or other plastic tape recommended by sealant manufacturer for preventing sealant from adhering to rigid, inflexible joint-filler materials or joint surfaces at back of joint. Provide self-adhesive tape where applicable. 2.4 MISCELLANEOUS MATERIALS A. Primer: Material recommended by joint-sealant manufacturer where required for adhesion of sealant to joint substrates indicated, as determined from preconstruction joint-sealant-substrate tests and field tests. B. Cleaners for Nonporous Surfaces: Chemical cleaners acceptable to manufacturers of sealants and sealant backing materials, free of oily residues or other substances capable of staining or harming joint substrates and adjacent nonporous surfaces in any way, and formulated to promote optimum adhesion of sealants to joint substrates. C. Masking Tape: Nonstaining, nonabsorbent material compatible with joint sealants and surfaces adjacent to joints. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine joints indicated to receive joint sealants, with Installer present, for compliance with requirements for joint configuration, installation tolerances, and other conditions affecting performance of the Work. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Surface Cleaning of Joints: Clean out joints immediately before installing joint sealants to comply with joint-sealant manufacturer's written instructions and the following requirements: 1. 2. Remove all foreign material from joint substrates that could interfere with adhesion of joint sealant, including dust, paints (except for permanent, protective coatings tested and approved for sealant adhesion and compatibility by sealant manufacturer), old joint sealants, oil, grease, waterproofing, water repellents, water, surface dirt, and frost. Clean porous joint substrate surfaces by brushing, grinding, mechanical abrading, or a combination of these methods to produce a clean, sound substrate capable of developing optimum bond with joint sealants. Remove loose particles remaining after cleaning Cheshire High School Gym Floor Replacement 079200-3 JOINT SEALANTS operations above by vacuuming or blowing out joints with oil-free compressed air. Porous joint substrates include the following: a. b. 3. 4. Concrete. Masonry. Remove laitance and form-release agents from concrete. Clean nonporous joint substrate surfaces with chemical cleaners or other means that do not stain, harm substrates, or leave residues capable of interfering with adhesion of joint sealants. Nonporous joint substrates include the following: a. b. c. d. Metal. Glass. Porcelain enamel. Glazed surfaces of ceramic tile. B. Joint Priming: Prime joint substrates where recommended by joint-sealant manufacturer or as indicated by preconstruction joint-sealant-substrate tests or prior experience. Apply primer to comply with joint-sealant manufacturer's written instructions. Confine primers to areas of jointsealant bond; do not allow spillage or migration onto adjoining surfaces. C. Masking Tape: Use masking tape where required to prevent contact of sealant or primer with adjoining surfaces that otherwise would be permanently stained or damaged by such contact or by cleaning methods required to remove sealant smears. Remove tape immediately after tooling without disturbing joint seal. 3.3 INSTALLATION OF JOINT SEALANTS A. General: Comply with joint-sealant manufacturer's written installation instructions for products and applications indicated, unless more stringent requirements apply. B. Sealant Installation Standard: Comply with recommendations in ASTM C 1193 for use of joint sealants as applicable to materials, applications, and conditions indicated. C. Install sealant backings of kind indicated to support sealants during application and at position required to produce cross-sectional shapes and depths of installed sealants relative to joint widths that allow optimum sealant movement capability. 1. 2. 3. Do not leave gaps between ends of sealant backings. Do not stretch, twist, puncture, or tear sealant backings. Remove absorbent sealant backings that have become wet before sealant application, and replace them with dry materials. D. Install bond-breaker tape behind sealants where sealant backings are not used between sealants and backs of joints. E. Install sealants using proven techniques that comply with the following and at the same time backings are installed: 1. 2. Place sealants so they directly contact and fully wet joint substrates. Completely fill recesses in each joint configuration. Cheshire High School Gym Floor Replacement 079200-4 JOINT SEALANTS 3. F. Tooling of Nonsag Sealants: Immediately after sealant application and before skinning or curing begins, tool sealants according to requirements specified in subparagraphs below to form smooth, uniform beads of configuration indicated; to eliminate air pockets; and to ensure contact and adhesion of sealant with sides of joint. 1. 2. 3. 3.4 Produce uniform, cross-sectional shapes and depths relative to joint widths that allow optimum sealant movement capability. Remove excess sealant from surfaces adjacent to joints. Use tooling agents that are approved in writing by sealant manufacturer and that do not discolor sealants or adjacent surfaces. Provide concave joint profile per Figure 8A in ASTM C 1193 unless otherwise indicated. CLEANING A. 3.5 Clean off excess sealant or sealant smears adjacent to joints as the Work progresses by methods and with cleaning materials approved in writing by manufacturers of joint sealants and of products in which joints occur. PROTECTION A. 3.6 Protect joint sealants during and after curing period from contact with contaminating substances and from damage resulting from construction operations or other causes so sealants are without deterioration or damage at time of Substantial Completion. If, despite such protection, damage or deterioration occurs, cut out, remove, and repair damaged or deteriorated joint sealants immediately so installations with repaired areas are indistinguishable from original work. JOINT-SEALANT SCHEDULE A. Joint-Sealant Application: Concealed mastics. 1. Joint Locations: a. 2. 3. Aluminum thresholds. Joint Sealant: Butyl-rubber based. Joint-Sealant Color: As selected by Architect from manufacturer's full range of colors. END OF SECTION 079200 Cheshire High School Gym Floor Replacement 079200-5 DOOR HARDWARE SECTION 087100 - DOOR HARDWARE PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. 1.2 Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. SUMMARY A. Section includes: 1. Mechanical door hardware for the following: a. 1.3 Swinging doors. ACTION SUBMITTALS A. 1.4 Product Data: For each type of product indicated. Include construction and installation details, material descriptions, dimensions of individual components and profiles, and finishes. INFORMATIONAL SUBMITTALS A. Qualification Data: For Installer. B. Product Test Reports: For compliance with accessibility requirements, based on evaluation of comprehensive tests performed by manufacturer and witnessed by a qualified testing agency, for door hardware on doors located in accessible routes. C. Warranty: Special warranty specified in this Section. 1.5 CLOSEOUT SUBMITTALS A. 1.6 Maintenance Data: For each type of door hardware to include in maintenance manuals. Include final hardware. QUALITY ASSURANCE A. Installer Qualifications: Supplier of products and an employer of workers trained and approved by product manufacturers who is available during the course of the Work to consult with Contractor, Architect, and Owner about door hardware. 1. Warehousing Facilities: In Project's vicinity. B. Source Limitations: Obtain each type of door hardware from a single manufacturer. C. Fire-Rated Door Assemblies: Where fire-rated door assemblies are indicated, provide door hardware rated for use in assemblies complying with NFPA 80 that are listed and labeled by a Cheshire High School Gym Floor Replacement 087100-1 DOOR HARDWARE qualified testing agency, for fire-protection ratings indicated, based on testing at positive pressure according to NFPA 252 or UL 10C, unless otherwise indicated. D. Smoke- and Draft-Control Door Assemblies: Where smoke- and draft-control door assemblies are required, provide door hardware that meet requirements of assemblies tested according to UL 1784 and installed in compliance with NFPA 105. 1. Air Leakage Rate: Maximum air leakage of0.3 cfm/sq. ft. at the tested pressure differential of 0.3-inch wg of water. E. Means of Egress Doors: Latches do not require more than 15 lbf to release the latch. Locks do not require use of a key, tool, or special knowledge for operation. F. Accessibility Requirements: For door hardware on doors in an accessible route, comply with the U.S. Architectural & Transportation Barriers Compliance Board's ADA-ABA Accessibility Guidelines and ICC/ANSI A117.1. 1. 1.7 Bevel raised thresholds with a slope of not more than 1:2. Provide thresholds not more than ½ inch high. DELIVERY, STORAGE, AND HANDLING A. 1.8 Inventory door hardware on receipt and provide secure lock-up for door hardware delivered to Project site. COORDINATION A. 1.9 Existing Openings: Where hardware components are scheduled for application to existing construction or where modifications to existing door hardware are required, field verify existing conditions and coordinate installation of door hardware to suit opening conditions and to provide proper door operation. WARRANTY A. Special Warranty: Manufacturer's standard form in which manufacturer agrees to repair or replace components of door hardware that fail in materials or workmanship within specified warranty period. 1. Failures include, but are not limited to, the following: a. b. c. 2. Structural failures including excessive deflection, cracking, or breakage. Faulty operation of doors and door hardware. Deterioration of metals, metal finishes, and other materials beyond normal weathering and use. Warranty Period: Three (3) years from date of Substantial Completion, unless otherwise indicated. Cheshire High School Gym Floor Replacement 087100-2 DOOR HARDWARE 1.10 A. MAINTENANCE SERVICE Maintenance Tools and Instructions: Furnish a complete set of specialized tools and maintenance instructions for Owner's continued adjustment, maintenance, and removal and replacement of door hardware. PART 2 - PRODUCTS 2.1 THRESHOLDS A. Thresholds: BHMA A156.21; fabricated to full width of opening indicated. 1. Basis-of-Design Product: a. 2. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: a. b. c. 2.2 Pemko Manufacturing Co.; an ASSA ABLOY Group company; 274x224AFGT and 2748A National Guard Products. Zero International. Substitutions: In accordance with Section 012500 “Substitution Procedures”. FABRICATION A. Base Metals: Produce door hardware units of base metal indicated, fabricated by forming method indicated, using manufacturer's standard metal alloy, composition, temper, and hardness. Furnish metals of a quality equal to or greater than that of specified door hardware units and BHMA A156.18. B. Fasteners: Provide door hardware manufactured to comply with published templates prepared for machine, wood, and sheet metal screws. Provide screws that comply with commercially recognized industry standards for application intended, except aluminum fasteners are not permitted. Provide Phillips flat-head screws with finished heads to match surface of door hardware, unless otherwise indicated. 1. 2.3 Concealed Fasteners: For door hardware units that are exposed when door is closed, except for units already specified with concealed fasteners. Do not use through bolts for installation where bolt head or nut on opposite face is exposed unless it is the only means of securely attaching the door hardware. Where through bolts are used on hollow door and frame construction, provide sleeves for each through bolt. FINISHES A. Provide finishes complying with BHMA A156.18 as indicated in door hardware schedule. B. Protect mechanical finishes on exposed surfaces from damage by applying a strippable, temporary protective covering before shipping. Cheshire High School Gym Floor Replacement 087100-3 DOOR HARDWARE C. Appearance of Finished Work: Variations in appearance of abutting or adjacent pieces are acceptable if they are within one-half of the range of approved Samples. Noticeable variations in the same piece are not acceptable. Variations in appearance of other components are acceptable if they are within the range of approved Samples and are assembled or installed to minimize contrast. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine doors and frames, with Installer present, for compliance with requirements for installation tolerances, labeled fire-rated door assembly construction, wall and floor construction, and other conditions affecting performance. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 INSTALLATION A. Install each door hardware item to comply with manufacturer's written instructions. Where cutting and fitting are required to install door hardware onto or into surfaces that are later to be painted or finished in another way, coordinate removal, storage, and reinstallation of surface protective trim units with finishing. Do not install surface-mounted items until finishes have been completed on substrates involved. 1. 2. B. 3.3 Set units level, plumb, and true to line and location. Adjust and reinforce attachment substrates as necessary for proper installation and operation. Drill and countersink units that are not factory prepared for anchorage fasteners. Space fasteners and anchors according to industry standards. Thresholds: Set thresholds for doors indicated in full bed of sealant complying with requirements specified in Section 079200 "Joint Sealants." ADJUSTING A. 3.4 Initial Adjustment: Adjust and check each operating item of door hardware and each door to ensure proper operation or function of every unit. Replace units that cannot be adjusted to operate as intended. CLEANING AND PROTECTION A. Clean adjacent surfaces soiled by door hardware installation. B. Clean operating items as necessary to restore proper function and finish. C. Provide final protection and maintain conditions that ensure that door hardware is without damage or deterioration at time of Substantial Completion. END OF SECTION 087100 Cheshire High School Gym Floor Replacement 087100-4 WOOD ATHLETIC FLOORING SECTION 096466 - WOOD ATHLETIC FLOORING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. 1.2 Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. SUMMARY A. 1.3 This Section includes wood athletic flooring. COORDINATION A. 1.4 Coordinate layout and installation of flooring with floor inserts for gymnasium equipment. ACTION SUBMITTALS A. Product Data: For each type of product. 1. B. Shop Drawings: For each type of floor assembly, include the following: 1. 2. 3. 4. C. Plans, sections, and attachment details. Expansion provisions and trim details. Layout, colors, widths, and dimensions of game lines, markers and logo. Locations of floor inserts for athletic equipment installed through flooring assembly. Samples: For each exposed product and for each color and texture specified, approximately 12 inches long in size. 1. 2. 1.5 Include construction details, material descriptions, dimensions of individual components and profiles, and finishes for wood athletic flooring. Include Sample sets showing the full range of normal color and texture variations expected in wood flooring. Include Sample sets showing finishes and game-line, marker and logo paints applied to wood flooring. INFORMATIONAL SUBMITTALS A. 1.6 Product Test Reports: For each wood athletic flooring system, for tests performed by a qualified testing agency. CLOSEOUT SUBMITTALS A. Maintenance Data: For wood athletic flooring and finish systems to include in maintenance manuals. Cheshire High School Gym Floor Replacement 096466-1 WOOD ATHLETIC FLOORING 1.7 QUALITY ASSURANCE A. Installer Qualifications: A firm or individual that has been approved by MFMA as an accredited Installer according to the MFMA Accreditation Program. 1. B. Mockups: Build mockups to verify selections made under Sample submittals, to demonstrate aesthetic effects, and to set quality standards for installation. 1. 1.8 Installer responsibilities include installation and field finishing of wood athletic flooring components and accessories, and application of game lines, markers and logo. Approval of mockups does not constitute approval of deviations from the Contract Documents contained in mockups unless Architect specifically approves such deviations in writing. DELIVERY, STORAGE, AND HANDLING A. Deliver floor assembly materials in unopened cartons or bundles. B. Protect wood from exposure to moisture. Do not deliver wood components until after concrete, masonry, plaster, ceramic tile, and similar wet-work is complete and dry. C. Store wood components in a dry, warm, well-ventilated, weathertight location and in a horizontal position. 1.9 FIELD CONDITIONS A. Conditioning period begins not less than seven (7) days before wood athletic flooring installation, is continuous through installation, and continues not less than seven (7) days after installation. 1. 2. Environmental Conditioning: Maintain ambient temperature between 65 and 75 deg F (18 and 24 deg C) and relative humidity planned for building occupants, but not less than thirty-five percent (35%) or more than fifty percent (50%), in spaces to receive wood athletic flooring during the conditioning period. Wood Conditioning: Move wood components into spaces where they will be installed, no later than beginning of the conditioning period. a. b. Do not install wood athletic flooring until wood components adjust to relative humidity of, and are at same temperature as, spaces where they are to be installed. Open sealed packages to allow wood components to acclimatize immediately on moving wood components into spaces in which they will be installed. B. After conditioning period, maintain relative humidity and ambient temperature planned for building occupants. C. Install wood athletic flooring after other finishing operations, including painting, have been completed. Cheshire High School Gym Floor Replacement 096466-2 WOOD ATHLETIC FLOORING PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Basis of Design: 1. B. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1. 2. 3. 2.2 Aacer Flooring, LLC; AacerChannel VLP Action Floor Systems, LLC Robbins Sports Surfaces Substitutions: Under provisions of Section 012500 “Substitution Procedures”. SYSTEM DESCRIPTION A. System Type: Anchored resilient. B. Overall System Height: As indicated on Drawings. 2.3 FLOORING MATERIALS A. Maple Flooring: Comply with MFMA grading rules for species, grade, and cut. 1. B. Random-Length Strip Flooring: Northern hard maple (Acer saccharum), kiln dried, random length, tongue and groove, and end matched. 1. 2. 3. 4. 2.4 Certification: Provide flooring that carries MFMA mark on each bundle or piece. Grade: MFMA-RL First. Cut: Edge. Thickness: 25/32 inch. Face Width: 2¼ inches. SUBFLOOR MATERIALS A. Plywood Underlayment: APA rated, C-D plugged, exterior glue, pre-engineered tongue and groove, 15/32 inch thick. B. Resilient Underlayment: Flexible, multicellular, closed-cell, expanded polyethylene-foam sheet; nominal 2-lb/cu. ft. density. 1. 2.5 Thickness: ½ inch. FINISHES A. Floor-Finish System: System of compatible components recommended in writing by flooring manufacturer, and MFMA approved. 1. Floor-Sealer Formulation: Pliable, penetrating type. MFMA Group 1, Sealers. Cheshire High School Gym Floor Replacement 096466-3 WOOD ATHLETIC FLOORING 2. Finish-Coat Formulation: Formulated for gloss finish indicated and multi-coat application. a. 3. Game-Line, Marker and Logo Paint: Industrial enamel compatible with finish coats and recommended in writing by manufacturers of finish coats, and paint for this use. a. 4. See Drawings for colors and lines. VOC Content: a. b. 2.6 Type: MFMA Group 5, Water-Based Finishes. Floor Sealers and Finish Coats: VOC content of not more than 350 g/L. Game-Line, Marker and Logo Paint: VOC content of not more than 150 g/L. ACCESSORIES A. Vapor Retarder: ASTM D 4397, polyethylene sheet not less than 6 mils thick. B. Resilient Wall Base: Molded, vented, rubber or vinyl cove base; 4 by 3 by 48 inches; with premolded outside corners. 1. Color: As selected by Architect and Owner from manufacturer’s full range. C. Thresholds: As specified in Section 087100 "Door Hardware." D. Fasteners: Type and size recommended by manufacturer, but not less than those recommended by MFMA for application indicated. E. Trowelable Leveling and Patching Compound: Latex-modified, hydraulic-cement-based formulation approved by wood athletic flooring manufacturer. F. Adhesives: Manufacturer's standard for application indicated. 1. VOC Content: 100 g/L or less. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates, areas, and conditions, with Installer present, for compliance with requirements for maximum moisture content, installation tolerances, and other conditions affecting performance of the Work. B. Proceed with installation only after unsatisfactory conditions have been corrected. C. Concrete Slabs: Verify that concrete substrates are dry and moisture-vapor emissions are within acceptable levels according to manufacturer's written instructions. Cheshire High School Gym Floor Replacement 096466-4 WOOD ATHLETIC FLOORING 1. Moisture Testing: Perform tests so that each test area does not exceed 200 sq. ft., and perform no fewer than three (3) tests in each installation area and with test areas evenly spaced in installation areas. a. b. 3.2 Anhydrous Calcium Chloride Test: ASTM F 1869. Proceed with installation only after substrates have maximum moisture-vapor-emission rate of 4.5 lb. of water/1000 sq. ft. in twenty-four (24) hours. Perform additional moisture tests recommended by manufacturer. Proceed with installation only after substrates pass testing. PREPARATION A. Concrete Slabs: 1. 2. B. 3.3 Grind high spots and fill low spots on concrete substrates to produce a maximum 1/8-inch deviation in any direction when checked with a 10-foot straight edge. Use trowelable leveling and patching compounds, according to manufacturer's written instructions, to fill cracks, holes, and depressions in substrates. Broom and vacuum clean substrates to be covered immediately before product installation. After cleaning, examine substrates for moisture, alkaline salts, carbonation, or dust. Proceed with installation only after unsatisfactory conditions have been corrected. INSTALLATION A. Comply with wood athletic flooring manufacturer's written instructions, but not less than written recommendations of MFMA applicable to flooring type indicated. B. Pattern: Lay flooring parallel with long dimension of space to be floored unless otherwise indicated. C. Expansion Spaces: Provide as indicated, but not less than that required by manufacturer's written instructions and MFMA's written recommendations at walls and other obstructions, and at interruptions and terminations of flooring. 1. Cover expansion spaces with base molding, trim, and saddles, as indicated on Drawings. D. Vapor Retarder: Cover entire slab area beneath wood flooring. Install with joints lapped a minimum of 6 inches and sealed. E. Underlayment: Install perpendicular to direction of flooring, staggering end joints in adjacent rows. F. Strip Flooring: Mechanically fasten perpendicular to supports. G. Installation Tolerances: 1/8 inch in 10 feet of variance from level. 3.4 SANDING AND FINISHING A. Allow installed flooring to acclimate to ambient conditions before sanding. Cheshire High School Gym Floor Replacement 096466-5 WOOD ATHLETIC FLOORING B. Follow applicable recommendations in MFMA's "Industry Recommendations for Sanding, Sealing, Court Lining, Finishing, and Resurfacing of Maple Gym Floors." C. Machine sand with coarse, medium, and fine grades of sandpaper to achieve a level, smooth, uniform surface without ridges or cups. Remove sanding dust by tack or vacuum. D. Finish: Apply seal and finish coats of finish system according to finish manufacturer's written instructions. Provide no fewer than four (4) coats total and no fewer than two (2) finish coats. 1. 2. Water-Based Finishes: Use finishing methods recommended by finish manufacturer to reduce grain raise and sidebonding effect. Game-Line, Marker and Logo Paint: Apply game-line, marker and logo paint between final seal coat and first finish coat according to paint manufacturer's written instructions. a. b. c. d. 3.5 Mask flooring at game lines, markers and logo, and apply paint to produce with sharp edges. Where game lines cross, break minor game line at intersection; do not overlap lines. Apply game lines, markers and logo in widths and colors according to requirements indicated on Drawings. Apply finish coats after game-line, marker and logo paint is fully cured. PROTECTION A. Protect wood athletic flooring during remainder of construction period to allow finish to cure and to ensure that flooring and finish are without damage or deterioration at time of Substantial Completion. 1. 2. Do not cover flooring after finishing until finish reaches full cure and not before seven (7) days after applying last finish coat. Do not move heavy and sharp objects directly over flooring. Protect fully cured floor finishes and surfaces with plywood or hardboard panels to prevent damage from storing or moving objects over flooring. END OF SECTION 096466 Cheshire High School Gym Floor Replacement 096466-6 GYMNASIUM EQUIPMENT SECTION 116623 - GYMNASIUM EQUIPMENT PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. 1.2 Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. SUMMARY A. This Section includes the following gymnasium equipment: 1. 1.3 Volleyball equipment. ACTION SUBMITTALS A. Product Data: For each type of product indicated. 1. B. Shop Drawings: For gymnasium equipment. attachments to other work, and the following: 1. 2. C. Include plans, elevations, sections, details, Method of field assembly for removable equipment, connections, installation details, mountings, attachments to other work, and operational clearances. Transport and storage accessories for removable equipment. Samples: For the following products: 1. 1.4 If applicable, include assembly, disassembly, and storage instructions for removable equipment. Volleyball Floor Insert: Full-size unit. INFORMATIONAL SUBMITTALS A. Coordination Drawings: Court layout plans, drawn to scale, game lines, and markers applied to finished flooring. B. Qualification Data: For Installer and professional engineer. C. Product Certificates: For each type of gymnasium equipment, signed by product manufacturer. D. Warranty: Special warranty specified in this Section. E. Manufacturer’s installation instructions. 1.5 CLOSEOUT SUBMITTALS A. Operation and Maintenance Data: For gymnasium equipment to include in emergency, operation, and maintenance manuals. Cheshire High School Gym Floor Replacement 116623-1 GYMNASIUM EQUIPMENT 1.6 QUALITY ASSURANCE A. Installer Qualifications: An employer of workers trained and approved by manufacturer. B. Source Limitations: Obtain each type of gymnasium equipment through one (1) source from a single manufacturer. 1.7 PROJECT CONDITIONS A. Environmental Limitations: Do not install gymnasium equipment until spaces are enclosed and weatherproof, wet work in spaces is complete and dry, and ambient temperature and humidity conditions are maintained at the levels indicated for Project when occupied for its intended use. B. Field Measurements: Verify position, elevation and layout for gymnasium equipment. PART 2 - PRODUCTS 2.1 MATERIALS A. Steel: Comply with the following: 1. 2. 3. B. 2.2 Steel Plates, Shapes, and Bars: ASTM A 36. Steel Tubing: ASTM A 500 or ASTM A 513, cold formed. Steel Sheet: ASTM A 1011. Anchors, Fasteners, Fittings and Hardware: Manufacturer's standard corrosion-resistant or noncorrodible units; concealed; tamperproof, vandal- and theft-resistant design. VOLLEYBALL EQUIPMENT A. Basis-of-Design Product: 1. B. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1. 2. 3. 4. C. ADP Lemco Inc. Draper, Inc. Jaypro Sports, LLC. Performance Sports Systems. Substitutions: Under provisions of Section 012500“Substitution Procedures”. Floor Insert: Chrome-finished steel floor plate; and steel pipe sleeve, concealed by floor plate, with capped bottom end, sized with ID to fit post standards, not less than length required to securely anchor pipe sleeve below finished floor in concrete footing; with anchors designed for securing floor insert to floor substrate indicated; one (1) per post standard. 1. Floor Plate: Lockable, hinged access cover, designed to be flush with adjacent flooring. Provide one (1) tool for unlocking access covers. Cheshire High School Gym Floor Replacement 116623-2 GYMNASIUM EQUIPMENT PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates, areas, and conditions, with Installer present, for compliance with requirements for play court layout, alignment of mounting substrates, installation tolerances, operational clearances, accurate locations of connections to building electrical system, and other conditions affecting performance. 1. 2. 3. 4. 3.2 Verify critical dimensions. Examine supporting structure and subfloors and footings below finished floor. Examine wall assemblies, where reinforced to receive anchors and fasteners, to verify that locations of concealed reinforcements have been clearly marked. Locate reinforcements and mark locations. Proceed with installation only after unsatisfactory conditions have been corrected. INSTALLATION, GENERAL A. General: Comply with manufacturer's written installation instructions. Complete equipment field assembly, where required. B. Unless otherwise indicated, install gymnasium equipment after other finishing operations, including painting, have been completed. C. Permanently Placed Gymnasium Equipment and Components: Rigid, level, plumb, square, and true; anchored securely to supporting structure; positioned at locations and elevations indicated on Shop Drawings; in proper relation to adjacent construction; and aligned with court layout. 1. Operating Gymnasium Equipment: Verify clearances for movable components of gymnasium equipment throughout entire range of operation and for access to operating components. D. Floor Insert Setting: Position sleeve in oversized, recessed voids in concrete slabs. Clean voids of debris. Fill void around sleeves with grout, mixed and placed to comply with grout manufacturer's written instructions. Protect portion of sleeve above subfloor from splatter. Verify that sleeves are set plumb, aligned, and at correct height and spacing; hold in position during placement and finishing operations until grout is sufficiently cured. Set insert so top surface of completed unit is flush with finished flooring surface. E. Anchoring to In-Place Construction: Use anchors and fasteners where necessary for securing built-in and permanently placed gymnasium equipment to structural support and for properly transferring load to in-place construction. F. Connections: Connect automatic operators to building electrical system. G. Removable Gymnasium Equipment and Components: Assemble in place to verify that equipment and components are complete and in proper working order. Instruct Owner's designated personnel in properly handling, assembling, adjusting, disassembling, transporting, storing, and maintaining units. Disassemble removable gymnasium equipment after assembled configuration has been approved by Architect, and store units in location indicated on Drawings. Cheshire High School Gym Floor Replacement 116623-3 GYMNASIUM EQUIPMENT 3.3 ADJUSTING A. 3.4 Adjust movable components of gymnasium equipment to operate safely, smoothly, easily, and quietly, free from binding, warp, distortion, nonalignment, misplacement, disruption, or malfunction, throughout entire operational range. Lubricate hardware and moving parts. CLEANING A. After completing gymnasium equipment installation, inspect components. Remove spots, dirt, and debris and touch up damaged shop-applied finishes according to manufacturer's written instructions. B. Replace gymnasium equipment and finishes that cannot be cleaned and repaired, in a manner approved by Architect, before time of Substantial Completion. 3.5 DEMONSTRATION A. Engage a factory-authorized service representative to train Owner's maintenance personnel to adjust, operate, and maintain gymnasium equipment. Refer to Section 017900 "Demonstration and Training." END OF SECTION 116623 Cheshire High School Gym Floor Replacement 116623-4
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