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IP #882
For the full report or. City Council agenda Dackets and/or lanning Commisslor, agenda packets. PROJECT NO. 882 Co S t o rag e R — Public Works Res. 10 -158 11/8/10 Resolution awarding a contract to Excel Roofing Inc. for replacement of the Public Works Facility's cold storage roof for $85,500 (improvement project no. 882) Res. 2011 -88 6/13/11 Resolution approving a change order for the public works facility's cold storage roof replacement project (improvement project no. 882) Res.02011 -89 6/13/11 Resolution accepting the public works facility's cold storage roof replacement project and approving the final payment request to Excel Roofing Inc. for $4,345.40 (improvement project no. 882) 12/14/2010 Dear Bernie Weber,. Please be aware that Excel Companies, Inc. is accepting full responsibility r the tar damag"e done to your vehicle at the New I-fop e job site. ENcel Companies, Inc. is more than happy to pay the fall cost to have vour vehicle detailed to make sure, all the tar is removed. We apologize for any inconvenience this may have caused. 700 ANOX,A MIN 55,53( FAX 76,':3- ,'---'1835 COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works November 8, 2010 Development &:'Plug Item No. By: Guy Johnson By: Kirk McDonald, City Manager 8.5 Resolution awarding a contract to Excel Roofing Inc. for replacement of the Public Works facility's cold storage roof, for $85,500 (improvement project 882) Requested Action Staff is recommending that Council pass a resolution approving a contract between the city of New Hope and Excel Roofing Inc. in the amount of $85,500 for replacing the commercial flat roofing on the cold storage portion of the Public Works facility. Policy /Past Practice The City Council routinely considers infrastructure improvements to extend the useful life of the infrastructure and /or improve the level of service. The city develops a five -year capital improvement program (CIP) for capital equipment, facility improvements, and infrastructure projects. Every two years the CIP is reviewed, updated, and extended two years for another five -year period. Background The 2010 CIP includes replacement of the roofing over the Public Works cold storage area. The existing roof is the original from 1991 when the cold storage addition was added to the Public Works facility. Due to having some minor leaks over the last couple of years, staff had a structural engineer review the current condition of the roof. Staff is recommending that the existing roof be replaced prior to any more leaks possibly causing damage to the metal roof decking below. Staff received quotes from three companies: Excel Roofing Inc. submitted a quote of $85,500; Central Roofing Company submitted a quote of $86,778; and Berwald Roofing Company submitted a quote of $92,100 for replacing the roof over the cold storage area. Staff recommends awarding a contract to the low quote of Excel Roofing Inc. MOTION BY f'UrZt SECOND BY I:RFA \Pubworks \2010 \882 PW Cold Storage Roof Replacement Request for Action November 8, 2010 Page 2 Funding Excel Roofing Inc.'s quote to replace the roofing is $85,500. The city's 2010 CIP has $120,000 budgeted for this project. Funding would be through the equipment replacement fund. Attachments Copies of the resolution and the bid tab are attached. City of New Hope Resolution No. 10- 158 Resolution awarding a contract to Excel Roofing Inc. for replacement of the Public Works facility's cold storage roof, for $85,500 (improvement project 882) WHEREAS, the city of New Hope prepares a five -year capital improvement program (CIP) as a guiding document for equipment acquisition and improvement projects to assist with the preparation of each annual operating budget, and, WHEREAS, the CIP is not formally adopted as a budget document, nor does it authorize acquisition of individual equipment and /or projects listed therein; and, WHEREAS, the Public Works Department recommends awarding a contract to Excel Roofing Inc. for replacement of the Public Works facility's cold storage roof; and, WHEREAS, the city has received three bids for the cold storage roof replacement at the Public Works facility; and, WHEREAS, the bid in the amount of $85,500 from Excel Roofing Inc., for replacement of the cold storage roof, is the lowest responsible bid submitted; and, WHEREAS, the funds for this project have been provided within the central garage equipment replacement fund for the Public Works Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the contract for replacement of the cold storage roof is awarded to Excel Roofing Inc.; and, 2. That the appropriation of $85,500 for payment to Excel Roofing Inc., from the central garage equipment replacement fund, is authorized, and the central garage equipment replacement fund budget is hereby amended; and, 3. That the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 8th day of November 2010. Attest: 2c„ Mayor City Clerk 2335 Highway 36 W St, Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com October 28, 2010 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Public Works Facility Cold Storage Roof Replacement Project City Improvement Project No. 882 Project No. 000034-10228-0 Bid Results Bids were received and opened for the Project stated above on Monday, October 18, 2010 at 2:00 p.m. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder once the Project has been awarded. There were a total of three Bids received; Excel Roofing, Inc., Central Roofing Company, and Berwald Roofing Company. The following summarizes the results of the acceptable Bids received: a 1111 T19W r, TwYe Excel Central Bel Roofing, Roofinct Roofln Inc. Compan Comp $85,500.00 $86,778.00 $92,100.00 The low Bidder on the Project was Excel Roofing, Inc. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then Excel Roofing, Inc. should be awarded the Project on the Total Bid Amount of $85,500.00. Should you have any questions, please feel free to contact me at (651) 604-4849. Sincerely, ii 'ii • rJ # TA Lffl W _An Enclosure rz .112 f$ "4 00 (N N C - : 4 1 z \ f 4) C: w E CL E C �\ \ �U &I CA Z M} IV §e CZ :2 0 La c cm c E ■ ul CL ■ .j ■ LIM 9 z / § j _ I\ / ' ( 1 0 , cc Lu 0- co p \u cc z z E cn §/ + 9 cc f 0@ - § 72 2 §f 0 0 LO LO C, C) Lq Ln go cr) 6q- z .Nd C', C t cj) o < m3 «8 < C: LL M 0 P IL C/) :2 M c CD E- cc cu Lo LIM AMANDA M.FURTH GORDON L. JENSEN' ADAM J. KAUFMAN MELANIE P.PERSELLIN"' STEPHEN M. RINGQUIST STEVEN A.SONDRALL 'Real Property Law Specialist Certified By The Minnesota State Bar Association 'Admitted in Iowa Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKL17N PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 $ TELEFAX (763) 493 -5193 writer's e-mail - sas@jspattorneys.com November 4, 2010 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 personal delivery Re: Public Works Facility Cold Storage Roof Replacement City Project N.: 861 Our File No.: 99.10030 Dear Val: Enclosed please find four copies of the contract and bonds for the referenced project, as well as the Certificate of Insurance received from Excel Roofing, Inc. All are in order from a legal standpoint. However, this contract does not contain a completion date or liquidated damages provision. I have discussed this issue with Guy Johnson and we both agree the lack of these provisions will not have a significant impact for this project. Please call me if you have any questions. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope Enclosures cc: Guy Johnson, Public Works Director Jason Quisberg, City Engineer P \Attorney \SAS \l Client Files \2 City of New Hope99.10030 (Public Works general) \Leone Itr 2010 cold storage roof replacement.(861).doc 2335 Highway 36 W St. Paul, MN 55113 Tel 651- 636 -4600 Fax 651- 636 -1311 www.bonestroo.com October 20, 2010 Mr. Shawn Luther Excel Roofing, Inc. 700 Bunker Lake Blvd. Anoka, MN 55303 Re: City of New Hope, Minnesota Public Works Facility Cold Storage Roof Replacement Project Project No. 000034- 10228 -0 Contract Documents 0� You are notified that your Bid dated October 18, 2010, for the above - referenced Project has been considered. You are the successful Bidder and are awarded a Contract for the amount of $85,500. Please complete and sign AIA Document A101 -2007 Agreement Form, AIA Document A312 Performance Bond, and AIA Document 312 Payment Bond. The Insurance Certificate described in Contract Article 11 shall be provided and attached to each Contract Document. After completing the Contract Documents, please forward them to the party listed below for review: Steven Sondrall Jensen & Sondrall PA 8525 Edinbrook Xing, Ste. 201 Brooklyn Park, MN 55443 After the necessary officials have signed the Contracts, the City will distribute the Contracts as follows: 2 copies Excel Roofing, Inc. (1 - your file, 1 - your bond company) 1 copy City of New Hope, Attention: Valerie Leone 1 copy Bonestroo, Attention: Bruce Paulson Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of New Hope's attorney, a pre - construction conference will be scheduled with you and the City of New Hope to review the Project. Sincerely, BONESTROO b,v P P "'_ Bruce P. Paulson, A.I.A. Project Manager Enclosures: Four Contract Documents cc: Paul Coone, City of New Hope Valerie Leone, City of New Hope Steven Sondrall, City Attorney November 10, 2010 Mr. Shawn Luther Excel Roofing, Inc. 700 Bunker Lake Blvd. Anoka, MN 55303 SUBJECT: Public Works Facility - Cold Storage Roof Replacement - Project No. 861 At its meeting of November 8, 2010, the New Hope City Council approved the contract with your company for project no. 861 for $85,500. Enclosed please find two contract documents. Please submit one to your bonding company. Also enclosed is a Withholding Affidavit for Contractors/IC-134 form (we cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office per Minnesota Statute 290.97). You will need to contact the community development department regarding the building permit. Please contact Guy Johnson, Public Works Director, at 763-592-6766 if you have any questions regarding the project. Sincerely, Valerie Leone City Clerk, CMC Enclosures - Contract, IC-134 cc: Guy Johnson 4401 Xylon Avenue North ® New Hope, Minnesota 55428-4898 ® www. ci.new-hope.mn.us City Hall: 763-531-5100 + Police (non-emergency): 763-531-5170 ® Public Works: 763-592-6777 + TDD: 763-531-5109 City Hall Fax: 763-531-5136 + Police Fax: 763-531-5174 ® Public Works Fax: 763-592-6776 ACORD CERTIFICATE OF LI ABILIT Y INSURANCE 11 /2i2o 0 ' PRODUCER (763) 767 -0522 FAX: (763) 767 -0530 Ameriguard Agency, Inc. 1557 Coon Rapids Blvd. N.W. Suite #203 Coon Rapids MN 55433 -4799 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED EXCEL ROOFING, INC. 700 BUNKER LAKE BOULEVARD ANOKA MN 55303 INSURERA: STATE AUTO INSURANCE CO 25127 INSURER B: R . T . W . INC. 39579 INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREG TE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDIYY POLICY EXPIRATION DATE MMtDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 100 , 000 X COMMERCIAL GENERAL LIABILITY MEDEXP An one person) $ 5,000 A X CLAIMS MADE ] OCCUR SOC 2267838 -05 05/14/2010 05/14/2011 PERSONAL & ADV INJURY $ 2,000,000 • CONTRACTUAL LIAR. • XCU /BROAD FORM PD GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ 2,000,000 PRO - POLICY JECT LOC AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 X X BODILY INJURY {Per person) $ A X ALL OWNED AUTOS SCHEDULED AUTOS BAP 212989 -05 05/14/2010 05/14/2011 X BODILY INJURY (Per accident) $ HIREDAUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA A $ ANY AUTO $ AUTO ONLY: AGG A X EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000 X1 OCCUR CLAIMS MADE $ EXC 2215593 -04 05/14/2010 05/14/2011 $ DEDUCTIBLE $ X RETENTION 0 WORKERS COMPENSATION AND X WC STATU- OTH- E.L. EACH ACCIDENT $ 100 ,000 EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER /EXECUTIVE MNAR- 016954 -1 05/14/2010 05/14/2011 E.L. DISEASE - EA EMPLOYEE $ 100,000 B OFFICER /MEMBER EXCLUDED? E.L. DISEASE - POLICY LIMIT $ 500,000 If yes, describe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS PROJECT: PUBLIC WORKS FACILILTY COLD STORAGE ROOF REPLACEMENT * ** CITY OF NEW HOPE IS LISTED AS AN ADDITIONAL INSURED * ** CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MN 55428 -4898 CELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Kenneth Orttel /RCP ACORD 25 (2001108) Itiamt;,,,, © ACORD CORPORATION 1988 P.— I of? rage loii Steven Sondrall From: Shawn Luther [Shawn @excelmn.com] Sent: Tuesday, November 02, 2010 3:46 PM To: Steven Sondrall Subject: new hope roof contract Steve, per section 6.2 of the contract documents A101 -2007 1 hereby agree that under the binding dispute resolution I agree to litigation in a court of competent jurisdiction (and not binding arbitration) thank you shawn luther excel 11/4/2010 SECTION 00 01 05 . J • I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. �Wt P. ijo6t— Bruce P. Paulson Date: October 4, 2010 Reg. No. 20910 . • • PROFESSIONAL CERTIFICATIONS © 2010 Bonestroo 1000034-10228-0 000105-1 PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00 — Procurement and Contracting Requirements Introductory Information 00 01 05 Certifications Page 0001 10 Table of Contents Procurement Requirements 00 11 13 Invitation for Bids 00 20 00 Instructions to Bidders — AIA Document A701 -1997 0021 13 Supplementary Instructions 00 41 00 Bid Form 00 43 00 Bid Bond — AIA Document A310 -1970 Contracting Requirements 00 52 00 Agreement Form — AIA Document A101 -2007 0061 13 Performance Bond — AIA Document A312 -1984 0061 15 Payment Bond — AIA Document A312 -1984 00 72 00 General Conditions — AIA Document A201 -2007 00 73 05 Supplementary Conditions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01— General Requirements 01 1000 Summary 01 20 00 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 33 00 Submittal Procedures 01 60 00 Product Requirements 01 70 00 Execution Requirements 01 78 23 Operation and Maintenance Manuals 01 78 36 Warranties 01 92 00 Facility Operation Division 02 — Demolition 0241 19 Selective Demolition Division 03 and 04 — Not Used Division 05 — Metals 05 50 00 Metal Fabrications Division 06 — Woods, Plastics, and Composites 06 10 00 Rough Carpentry Division 07 — Thermal and Moisture Protection 0755 13 Modified Bitumen Roofing System 07 62 00 Sheet Metal Flashing and Trim 07 92 00 Joint Sealants TABLE OF CONTENTS © 2010 Bonestroo 1000034-10228-0 0001 10-1 DRAWINGS A8.01 PARTIAL DEMOLITION AND ROOF REPLACEMENT PLANS A8.02 ROOF DETAILS END OF SECTION TABLE OF CONTENTS © 2010 Bonestroo 1000034-10228-0 0001 10-2 • 1I The City of New Hope, Minnesota, hereby gives notice that Sealed Bids (faxes will not be considered Sealed Bids) will be received in the office of the City Clerk, 4401 Xylon Avenue North, New Hope, Minnesota, for the Public Works Facility Cold Storage Roof Replacement. Sealed Bids will be received until 10:30 A.M., CDT, on Tuesday, October 19, 2010, at the New Hope City Offices, at which time and place the City Clerk and City Engineer, or their designated representative, shall publicly open and read aloud the Bids. Sealed Bids arriving after the designated time will be returned unopened. In general, this Project will consist of the removal and replacement of the existing built -up roofing system over the Cold Storage area with a new 4 -ply modified bitumen roofing system, as well as replacement and /or modification of prefinished metal fascia and scuppers at the roof perimeter. BIDS: To be considered, Bids must be sealed and addressed to the City Clerk, City of New Hope, 4401 Xylon Avenue North, New Hope, Minnesota, 55428. Bids must be endorsed with the name and address of the Bidder and the Contract for which the Bid is being submitted. The estimated construction cost for this Project is $95,000. Two copies of the Bidding Documents will be distributed by the Project Manager. Extra copies may be purchased for a fee of $30 for a paper copy by contacting the Project Manager directly. Direct inquiries to the Architect's Project Manager Bruce Paulson at (651) 604 -4849 A Pre -Bid Meeting will be held on Tuesday, October 12, 2010, at 9 A.M., CDT at New Hope Public Works Facility, 5500 International Parkway, New Hope, Minnesota. All Contractors wishing to submit a Bid on this Project should attend the Pre -Bid Meeting. This will be the only opportunity to tour the buildings included in this Project prior to the Bid due date. BID SECURITY: No Bid will be considered which is not accompanied by a cash deposit, certified check, cashier's check, or satisfactory bid bond payable to the City of New Hope in an amount of not less than 5 percent of the Bid amount. Bids may not be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The City of New Hope, Minnesota, reserves the right to reject any and all Bids, waive any minor irregularities in bidding, or to accept the Bid or bids which best serve the interest of the City of New Hope. The City Council will consider award of a Contract at its regular meeting to be held on Monday, October 25, 2010, in the City Council Chambers at 4401 Xylon Avenue North, New Hope, Minnesota. Published by the authority of the City Council of the City of New Hope on the 27th day of September 2010. INVITATION FOR BIDS © 2010 Bonestroo 1000034-10228-0 001113-1 _ � TM =! D oc um ent A701 — 1997 Instructions to Bidders for the following PROJECT: (Name and location or address) New Hope Public Works Facility Cold Storage Roof Replacement ADDITIONS AND DELETIONS: The author of this document has THE OWNER: added information needed for its (Name, legal status and address) completion. The author may also City of New Hope have revised the text of the original 4401 Xylon Avenue North AIA standard form. An Additions and New Hope, MN 55428 -4898 Deletions Report that notes added information as well as revisions to the standard form text is available from THE ARCHITECT: the author and should be reviewed. A (Name, legal status and address) vertical line in the left margin of this Bonestroo, Inc. document indicates where the author 2335 W. Highway 36 has added necessary information St. Paul, MN 55113 and where the author has added to or deleted from the original AIA text. TABLE OF ARTICLES This document has important legal consequences. Consultation with an 1 DEFINITIONS attorney is encouraged with respect to its completion or modification. 2 BIDDER'S REPRESENTATIONS BIDDING DOCUMENTS 4 BIDDING PROCEDURES CONSIDERATION OF BIDS POST -BID INFORMATION PERFORMANCE BOND AND PAYMENT BOND FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR AIA Document A701 T" —1997. Copyright ©1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:58:33 on 10/0112010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1850230884) ARTICLE 1 DEFINITIONS § 1.1 Bidding Documents include the Bidding Requirements and the proposed Contract Documents. The Bidding Requirements consist of the Advertisement or Invitation to Bid, Instructions to Bidders, Supplementary Instructions to Bidders, the bid form, and other sample bidding and contract forms. The proposed Contract Documents consist of the form of Agreement between the Owner and Contractor, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications and all Addenda issued prior to execution of the Contract. § 1.2 Definitions set forth in the General Conditions of the Contract for Construction, AIA Document A201, or in other Contract Documents are applicable to the Bidding Documents. § 1.3 Addenda are written or graphic instruments issued by the Architect prior to the execution of the Contract which modify or interpret the Bidding Documents by additions, deletions, clarifications or corrections. § 1.4 A Bid is a complete and properly executed proposal to do the Work for the sums stipulated therein, submitted in accordance with the Bidding Documents. § 1.5 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base, to which Work may be added or from which Work may be deleted for sums stated in Alternate Bids. § 1.6 An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the Bidding Documents, is accepted. § 1.7 A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials, equipment or services or a portion of the Work as described in the Bidding Documents. § 1.8 A Bidder is a person or entity who submits a Bid and who meets the requirements set forth in the Bidding Documents. § 1.9 A Sub - bidder is a person or entity who submits a bid to a Bidder for materials, equipment or labor for a portion of the Work. ARTICLE 2 BIDDER'S REPRESENTATIONS § 2.1 The Bidder by making a Bid represents that: § 2.1.1 The Bidder has read and understands the Bidding Documents or Contract Documents, to the extent that such documentation relates to the Work for which the Bid is submitted, and for other portions of the Project, if any, being bid concurrently or presently under construction. § 2.1.2 The Bid is made in compliance with the Bidding Documents. § 2.1.3 The Bidder has visited the site, become familiar with local conditions under which the Work is to be performed and has correlated the Bidder's personal observations with the requirements of the proposed Contract Documents. § 2.1.4 The Bid is based upon the materials, equipment and systems required by the Bidding Documents without exception. ARTICLE 3 BIDDING DOCUMENTS § 3.1 COPIES § 3.1.1 Bidders may obtain complete sets of the Bidding Documents from the issuing office designated in the Advertisement or Invitation to Bid in the number and for the deposit sum, if any, stated therein. The deposit will be refunded to Bidders who submit a bona fide Bid and return the Bidding Documents in good condition within ten days after receipt of Bids. The cost of replacement of missing or damaged documents will be deducted from the deposit. A Bidder receiving a Contract award may retain the Bidding Documents and the Bidder's deposit will be refunded. § 3.1.2 Bidding Documents will not be issued directly to Sub - bidders unless specifically offered in the Advertisement or Invitation to Bid, or in supplementary instructions to bidders. AIA Document A701 "" —1997. Copyright©1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any 2 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:58:33 on 10/01/2010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1850230884) § 3.1.3 Bidders shall use complete sets of Bidding Documents in preparing Bids; neither the Owner nor Architect assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. § 3.1.4 The Owner and Architect may make copies of the Bidding Documents available on the above terms for the purpose of obtaining Bids on the Work. No license or grant of use is conferred by issuance of copies of the Bidding Documents. § 3.2 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS § 3.2.1 The Bidder shall carefully study and compare the Bidding Documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid is submitted, shall examine the site and local conditions, and shall at once report to the Architect errors, inconsistencies or ambiguities discovered. § 3.2.2 Bidders and Sub - bidders requiring clarification or interpretation of the Bidding Documents shall make a written request which shall reach the Architect at least seven days prior to the date for receipt of Bids. § 3.2.3 Interpretations, corrections and changes of the Bidding Documents will be made by Addendum. Interpretations, corrections and changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon them. § 3.3 SUBSTITUTIONS § 3.3.1 The materials, products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. § 3.3.2 No substitution will be considered prior to receipt of Bids unless written request for approval has been received by the Architect at least ten days prior to the date for receipt of Bids. Such requests shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution including drawings, performance and test data, and other information necessary for an evaluation. A statement setting forth changes in other materials, equipment or other portions of the Work, including changes in the work of other contracts that incorporation of the proposed substitution would require, shall be included. The burden of proof of the merit of the proposed substitution is upon the proposer. The Architect's decision of approval or disapproval of a proposed substitution shall be final. § 3.3.3 If the Architect approves a proposed substitution prior to receipt of Bids, such approval will be set forth in an Addendum. Bidders shall not rely upon approvals made in any other manner. § 3.3.4 No substitutions will be considered after the Contract award unless specifically provided for in the Contract Documents. § 3.4 ADDENDA § 3.4.1 Addenda will be transmitted to all who are known by the issuing office to have received a complete set of Bidding Documents. § 3.4.2 Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. § 3.4.3 Addenda will be issued no later than four days prior to the date for receipt of Bids except an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids. § 3.4.4 Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued, and the Bidder shall acknowledge their receipt in the Bid. ARTICLE 4 BIDDING PROCEDURES § 4.1 PREPARATION OF BIDS § 4.1.1 Bids shall be submitted on the forms included with the Bidding Documents. AIA Document A701 TM —1997. Copyright ©1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:58:33 on 10/01/2010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1850230884) § 4.1.2 All blanks on the bid form shall be legibly executed in a non - erasable medium. § 4.1.3 Sums shall be expressed in both words and figures. In case of discrepancy, the amount written in words shall govern. § 4.1.4 Interlineations, alterations and erasures must be initialed by the signer of the Bid. § 4.1.5 All requested Alternates shall be bid. If no change in the Base Bid is required, enter "No Change." § 4.1.6 Where two or more Bids for designated portions of the Work have been requested, the Bidder may, without forfeiture of the bid security, state the Bidder's refusal to accept award of less than the combination of Bids stipulated by the Bidder. The Bidder shall make no additional stipulations on the bid form nor qualify the Bid in any other manner. § 4.1.7 Each copy of the Bid shall state the legal name of the Bidder and the nature of legal form of the Bidder. The Bidder shall provide evidence of legal authority to perform within the jurisdiction of the Work. Each copy shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall further give the state of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have a current power of attorney attached certifying the agent's authority to bind the Bidder. § 4.2 BID SECURITY § 4.2.1 Each Bid shall be accompanied by a bid security in the form and amount required if so stipulated in the Instructions to Bidders. The Bidder pledges to enter into a Contract with the Owner on the terms stated in the Bid and will, if required, furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds if required, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty. The amount of the bid security shall not be forfeited to the Owner in the event the Owner fails to comply with Section 6.2. § 4.2.2 If a surety bond is required, it shall be written on AIA Document A310, Bid Bond, unless otherwise provided in the Bidding Documents, and the attorney -in -fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of the power of attorney. § 4.2.3 The Owner will have the right to retain the bid security of Bidders to whom an award is being considered until either (a) the Contract has been executed and bonds, if required, have been furnished, or (b) the specified time has elapsed so that Bids may be withdrawn or (c) all Bids have been rejected. § 4.3 SUBMISSION OF BIDS § 4.3.1 All copies of the Bid, the bid security, if any, and any other documents required to be submitted with the Bid shall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the party receiving the Bids and shall be identified with the Project name, the Bidder's name and address and, if applicable, the designated portion of the Work for which the Bid is submitted. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face thereof. § 4.3.2 Bids shall be deposited at the designated location prior to the time and date for receipt of Bids. Bids received after the time and date for receipt of Bids will be returned unopened. § 4.3.3 The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. § 4.3.4 Oral, telephonic, telegraphic, facsimile or other electronically transmitted bids will not be considered. § 4.4 MODIFICATION OR WITHDRAWAL OF BID § 4.4.1 A Bid may not be modified, withdrawn or canceled by the Bidder during the stipulated time period following the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting a Bid. § 4.4.2 Prior to the time and date designated for receipt of Bids, a Bid submitted may be modified or withdrawn by notice to the party receiving Bids at the place designated for receipt of Bids. Such notice shall be in writing over the AIA Document A701 — 1997. Copyright ©1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any 4 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:58:33 on 10/01/2010 under Order No.5967867324_1 which expires on 07/1112011, and is not for resale. User Notes: (1850230884) signature of the Bidder. Written confirmation over the signature of the Bidder shall be received, and date - and time - stamped by the receiving party on or before the date and time set for receipt of Bids. A change shall be so worded as not to reveal the amount of the original Bid. § 4.4.3 Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. § 4.4.4 Bid security, if required, shall be in an amount sufficient for the Bid as resubmitted. ARTICLE 5 CONSIDERATION OF BIDS § 5.1 OPENING OF BIDS At the discretion of the Owner, if stipulated in the Advertisement or Invitation to Bid, the properly identified Bids received on time will be publicly opened and will be read aloud. An abstract of the Bids may be made available to Bidders. § 5.2 REJECTION OF BIDS The Owner shall have the right to reject any or all Bids. A Bid not accompanied by a required bid security or by other data required by the Bidding Documents, or a Bid which is in any way incomplete or irregular is subject to rejection. § 5.3 ACCEPTANCE OF BID (AWARD) § 5.3.1 It is the intent of the Owner to award a Contract to the lowest qualified Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available. The Owner shall have the right to waive informalities and irregularities in a Bid received and to accept the Bid which, in the Owner's judgment, is in the Owner's own best interests. § 5.3.2 The Owner shall have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents, and to determine the low Bidder on the basis of the sum of the Base Bid and Alternates accepted. ARTICLE 6 POST -BID INFORMATION § 6.1 CONTRACTOR'S QUALIFICATION STATEMENT Bidders to whom award of a Contract is under consideration shall submit to the Architect, upon request, a properly executed AIA Document A305, Contractor's Qualification Statement, unless such a Statement has been previously required and submitted as a prerequisite to the issuance of Bidding Documents. § 6.2 OWNER'S FINANCIAL CAPABILITY The Owner shall, at the request of the Bidder to whom award of a Contract is under consideration and no later than seven days prior to the expiration of the time for withdrawal of Bids, furnish to the Bidder reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. Unless such reasonable evidence is furnished, the Bidder will not be required to execute the Agreement between the Owner and Contractor. § 6.3 SUBMITTALS § 6.3.1 The Bidder shall, as soon as practicable or as stipulated in the Bidding Documents, after notification of selection for the award of a Contract, furnish to the Owner through the Architect in writing: .1 a designation of the Work to be performed with the Bidder's own forces; .2 names of the manufacturers, products, and the suppliers of principal items or systems of materials and equipment proposed for the Work; and .3 names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for the principal portions of the Work. § 6.3.2 The Bidder will be required to establish to the satisfaction of the Architect and Owner the reliability and responsibility of the persons or entities proposed to furnish and perform the Work described in the Bidding Documents. § 6.3.3 Prior to the execution of the Contract, the Architect will notify the Bidder in writing if either the Owner or Architect, after due investigation, has reasonable objection to a person or entity proposed by the Bidder. If the Owner or Architect has reasonable objection to a proposed person or entity, the Bidder may, at the Bidder's option, (1) AIA Document A701 TO —1997. Copyright ©1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any 5 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:58:33 on 10/01/2010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1850230884) withdraw the Bid or (2) submit an acceptable substitute person or entity with an adjustment in the Base Bid or Alternate Bid to cover the difference in cost occasioned by such substitution. The Owner may accept the adjusted bid price or disqualify the Bidder. In the event of either withdrawal or disqualification, bid security will not be forfeited. § 6.3.4 Persons and entities proposed by the Bidder and to whom the Owner and Architect have made no reasonable objection must be used on the Work for which they were proposed and shall not be changed except with the written consent of the Owner and Architect. ARTICLE 7 PERFORMANCE BOND AND PAYMENT BOND § 7.1 BOND REQUIREMENTS § 7.1.1 If stipulated in the Bidding Documents, the Bidder shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Bonds may be secured through the Bidder's usual sources. § 7.1.2 If the furnishing of such bonds is stipulated in the Bidding Documents, the cost shall be included in the Bid. If the furnishing of such bonds is required after receipt of bids and before execution of the Contract, the cost of such bonds shall be added to the Bid in determining the Contract Sum. § 7.1.3 If the Owner requires that bonds be secured from other than the Bidder's usual sources, changes in cost will be adjusted as provided in the Contract Documents. § 7.2 TIME OF DELIVERY AND FORM OF BONDS § 7.2.1 The Bidder shall deliver the required bonds to the Owner not later than three days following the date of execution of the Contract. If the Work is to be commenced prior thereto in response to a letter of intent, the Bidder shall, prior to commencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished and delivered in accordance with this Section 7.2.1. § 7.2.2 Unless otherwise provided, the bonds shall be written on AIA Document A312, Performance Bond and Payment Bond. Both bonds shall be written in the amount of the Contract Sum. § 7.2.3 The bonds shall be dated on or after the date of the Contract. § 7.2.4 The Bidder shall require the attorney -in -fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney. ARTICLE 8 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR Unless otherwise required in the Bidding Documents, the Agreement for the Work will be written on AIA Document A101, Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment Is a Stipulated Sum. AIA Document A701" —1997. Copyright ©1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA! Document, or any E portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:58:33 on 10/01/2010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1850230884) i t 1 C 1 • The Supplementary Instructions to Bidders modify, delete, and /or add to the Instructions to Bidders. Where any article, paragraph, or subparagraph in the Instructions to Bidders is supplemented by one of the following articles, paragraphs, or subparagraphs, the provisions of such article, paragraph, or subparagraph shall remain in effect and the supplemental provisions shall be considered as added thereto. Where any article, paragraph, or subparagraph in the Instructions to Bidders is not supplemented, amended, voided, or superseded by any of the following articles, paragraphs, or subparagraphs, the provisions of such article, paragraph, or subparagraph not so amended, voided, or superseded shall remain in effect. A. Delete Subparagraph 3.1.1 in its entirety, and substitute the following: 3.1.1 Bidders and Sub - bidders may obtain complete sets of the Bidding Documents in the number and for the non - refundable sum stated in the Advertisement for Bids from the Issuing Office identified in the Request of Quotations. B. Delete Subparagraph 3.1.2 in its entirety. C. Delete Paragraph 3.3 in its entirety, and substitute the following: 3.3 SUBSTITUTIONS 3.3.1 Materials, products, systems, and equipment shown and described in the Contract Documents establish a standard of design, function, and quality to be met by any proposed substitution. 3.3.2 When a single manufacturer of material, product, system, or equipment is specifically named and specified, no substitution will be allowed. 3.3.3 When more than 1 manufacturer of material, product, system, or equipment is listed under the same heading, choice of those listed shall be the Bidder's option. One manufacturer may be identified and specified as reference to establish a standard of design, function, and quality; and when another is considered, the Bidder before purchase or use shall be expected to submit such data as may be necessary to prove equivalency to that specified. Consideration for equivalency is subject to approval of the Architect as accepting minor and normal variations from that specified. Should any part of associated construction be changed because of substitute acceptance, such changes shall be outlined by the proposer and the cost of such changes shall be included as part of the work of accepted substitute. 3.3.4 Optional products, systems, and equipment will be considered in accordance with Section 0160 00, Paragraph 3.01. ARTICLE 4 - BIDDING PROCEDURE A. Delete Paragraph 4.2.1 in its entirety and substitute the following: SUPPLEMENTARY INSTRUCTIONS © 2010 Bonestroo 1000034-10228-0 0021 13-1 4.2.1 Each Bid must be accompanied by a Bid Security made payable to Owner in an amount of five (5) percent of the Bidder's maximum Bid Price and in the form of a certified or bank check or a Bid Bond issued by a surety meeting the requirements of the General Conditions. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security, and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. B. Add Paragraph 4.3.1.1 as follows: 4.3.1.1 Each prospective Bidder is furnished one (1) copy of the Bidding Documents with one (1) separate unbound copy each of the Bid Form, and, if required, the Bid Bond. The unbound copy of the Bid Form is to be completed and submitted with the Bid Security. C. Delete Paragraph 4.4.1 in its entirety and substitute the following: 4.4.1 Bids may be withdrawn after Bid Opening only in accordance with the law. A. Add the following to Paragraph 6.1: If the Architect requests the submission of a Contractor's Qualification Statement, AIA Document A305, said document shall be submitted within ten (10) days of request. A. Delete Paragraph 7.1.2 in its entirety and substitute the following: 7.1.2 The cost of bonds and insurance shall be included in the Bid. B. Delete Paragraph 7.2.1 in its entirety and substitute the following: 7.2.1 The Bidder shall deliver the required bonds to the Owner when the Bidder delivers the executed Agreement to the Owner. P t •• SUPPLEMENTARY INSTRUCTIONS © 2010 Bonestroo 1000034-10228-0 0021 13-2 BIDDER: `— Q t.. i XC 3onestroo DOCUMENT 00 4100 BID FORM PUBLIC WORKS FACILITY COLD STORAGE ROOF REPLACEMENT PROJECT NO, 000034 - 10228 -0 NEW HOPE, MINNESOTA 2010 iIS BID IS SUBMITTED TO: .y of New Hope .y Clerk 01 Xylon Avenue North !w Hope, MN 55428 i1 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the !ding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this and in accordance with the other terms and conditions of the Bidding Documents. 1 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition aid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may _ ee to in writing upon request of Owner. In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: A_ ddendum No Addendum Date A ©t. - 1\.aoitl ' B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. 4- 10228 -0 1 Bonestroo At) A i nn y 4 J � t F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents, G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C, No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.6 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid Items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Units Qty Total Price LUMP SUM BID ITEMS: MATERIALS AND LABOR NECESSARY TO COMPLETE THE SCOPE OF WORK DEFINED IN THE PROJECT SPECIFICATIONS AND DRAWINGS M 1 i ce. v r 000034 - 10228 -0 © 2010 Bonestroo 01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with tragraph 14.07.6 of the General Conditions on or before the dates or within the number of calendar days indicated in the ireement. 02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within times specified above, which shall be stated in the Agreement. The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. )1 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General nditions, and the Supplementary Conditions. SUBMITTED on G 201() adder Is: 34- 10228 -0 0 Bonestroo 00 41 00 -3 BID FORM Phone No.: Fax No.: A Partnership Partnership By: Name (typed or printed): Business Street Address (No P.O. Box #'s): Phone No.: A Corporation Fax No.: Corporation Name: �czl_�o ;yN-, 'y I) I_ (SEAL) EAL) State of Incorporation: M. " h+neS ak a. Type (General Business, Profe. Service, imited Liability): ' Ccsj By: (Signature) Name (typed or printed): 1''10.w+. L zviz .,a Title: L `VreZ'. e��• -.�c Attest (CORPORATE SEAL) (Sidn Secretary) Business Street Address (No P.O. Box #'s): 70 0 SvnY,, L1L a Ahokp Ma S 53c,3 Phone No,: 72 "- 71,x, -Q'1 S7 Fax No.: --) job - "71a- I of general partner) 000034 - 10228 -0 © 2010 Bonestroo 00 41 00 -4 BID FORM Joint Venture Joint Venture Name: (SEAL) By: Name (typed or p Title: Business address: (Signature of joint venture partner) Phone No.: Fax No.: Joint Venturer Name: By: (Signature) Name (typed or printed): Title: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: i joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint are should be in the manner indicated above). r • •• L__1 4- 10228 -0 ) Bonestroo 00 41 00-5 BID FORM Bond No. AO- 127020 BID BOND The American Institute of Architects, ALA Document No. A310 (February, 1 970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we ANOKA COUNTY MINNESOTA EXCEL ROOFING INC as Principal hereinafter called the Principal, and AUTO - OWNERS INSURANCE COMPANY as Surety, hereinafter called the Surety, are held and firmly bound unto THE CITY OF NEW HOPE 4401 XYLON AVENUE NORTH; NEW HOPE MN 55428 as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF ATTACHED BID Dol tars ($ 5 ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for PUBLIC WORKS FACILITY COLD STORAGE ROOF REPLACEMENT NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 14th s t " Witness day of OCTOBER 2010 EXCEL ROOFING INC P ' Icipal (Seal) By: SHAWN LUT ER -- PRESIDENT Name /Title AUTO - OWNERS INSURANCE COMPANY u ty Witness By: ' KENNETH D ORTTEL Attorney -in -Fact ORSC 21328 (5/97) DATE AND ATTACH +TTO ORIGINAL BOND T�� AUTO 1N�7 V 1�A CE COMPANY Y LANSING, MICHIGAN POWER OF ATTORNEY No. 1270 KNWV ALL MEN BY THESE PRESENTS: That the AUTO- OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN, a Michigan ('orporauon, having its principal office at Lansing, County of Eaton, State of Michigan, pursuant to the following Resoiution adopted by the directors of the : Company on January 27, 1971, to wit: "RL''SOLVED, That the President or any Vice President or Secretary or Assistant Secretary of the Company shall have power and authority to appoint lucrttcy, - Fact. and w authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakimp. recugnizanees, contracts of indemnity, and other writings obligatory in the nature thereof. Signatures of officers and seal of Company imprinted on such non'crs of attorney by facsimile shall have same force and effect as if manually affixed. Said officers may at any time remove and revoke the authority of am such appointee." Luc, hreby constitute sod appoint Kenneth D. Cruel Coon Rapids, Minnesota trio ;And !a\,IiAI :Anornryts) -in- tact, to execute, seal and deliver for and on its behalf as surety, any and all bonds and uncicrtakings. reco,nizanceS, nu aeu oC trldcnrnity and other writings obligatory in the nature thereof., Provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed One Million and no /100 ($1,000,000.00) Dollars snd the execution o(' such instruments) in pursuance of these presents, shall be as binding upon the said AUTO - OWNERS INSURANCE COMPANY AT i- NSING. Vll('HI(;.AN. as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected u!licer; ai its principal office. 1\ t \'IT.NFSS \k'HERI?OF, the AUTO- OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN, has caused these presents to be signed and t, c111)oiate send to be atfixcd by its authorized IV, this I St day of July 2008 Wc;t S.R. Bim, Secretary secretary f -1I E OF vl10116AN cUCNT1 OF EATON } s. *JF. arrold, President Un thi, ISt day of Jllly 2008 . before me a notary public, came the individ kllu" u. `r hl) CX:'CUted the preceding instrument and being by me duly sworn, said that he is the therein described and authorized of u J\\ " \F.RS INSURANCE CON4PANY AT LANSING, MICHIGAN: that the seal affixed to said instrument is the corporate seal of sai 4 u cu, por,jtr seal and his signature were duly affixed by the authority and direction of the said Corparation. \ \\ I1 NGSS \t IIEItEOF. 1 have hereunto set my hand, and affixed my official seal at the City Lansing, the day and year first above \1 ::omm scion expires Sept. 28 2011 i -c ..• � Michelle A, Bottum Notary Public ,1:Ci ti OF MICHIGAN 0 U fl OF EATON } S.R. Bim -- -- Secretary of the AUTO - OWNERS INSURANCE COMPANY AT 'v11CHIGAN, do hereby certify that the foregoing is a true and correct copy of Anwer of Attorney issued by said Auto -Ox ranee l ompam of Lansin , Michigan, and that I have compared same with ORIGINAL on file in thz Home Office of said Company, an ct uanscript thereof; and of dre whole of the said original, and that the said Power of Attorney has not been revoked and is now in full force a eet N -1 iREOF i have hereunto subscribed Se�7i affixed the co�orate seal of the Company at t t '•.l:eit :tn flit,_ __ day of C ��(/ eras .+... S.R. Bim SCCreta TY' I f the xrords "UNAUTHORIZED COPY" appears on the face of this document, it renders this document null and void. PLEASE INSERT IN THE POWER-OF-ATTORNEY SECTION OF YOUR BOND KIT (INDIVIDUAL ACKNOWLEDGMENT) STATE OF ) SS COUNTY OF On the day of before me, a Notary Public within and for said county, personally appeared, to me known to be the person described in and who executed the foregoing instrument, as Principal, and acknowledged to me that executed the same as free act and deed. Notary Public County (Notarial Seal) My Commission Expires CORPORATE ACKNOWLEDGMENT STATE OF MINNESOTA } SS } COUNTY OF ANOKA � On the 14th day of October SHAWN M LUTHER 2010 , before me, personally appeared me known, who being by me duly sworn, did depose and say that he resides in ANOKA COUNTY that he is the President of the EXCEL ROOFING INC the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that he signed his name thereto by like order. i CAROL A. HcNDR!CKSON � ` J k C" r = N0 I °r P Ml: "iNt5OT', TS -k Notary Public CAROL A HENDRICKSON County My Ccmmissio" FE olires JANUARY 3 1,2015 _ of > ial Seal January — � +; My Commission Expires ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA ) Ss COUNTY oF ANOKA } On this 14th day of October 1 2010 , before me appeare D ORTTEL to me personally known, who being by me duly sworn, did say that he is the aforesaid officer or attorney in fact of the Auto Owners Insurance Company, a corporation; that the seal affixed to the foregoing Instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; and the aforesaid officer acknowledged said Instrument to be the free act and deed of said corporation. CAROL A. HENDR)ICKSON P'OTARY PUE3LIC Y , M',NN'ES TA Notary Public CAROL A HENDRICKSON Count ANOKA My Comuiissi'„ 1 4res y t , 1 Seal) J'n"ary 31, 2015 My Commission Expires J 31, 2015 INSTRUCTIONS Most Bonds Filed In Minnesota Require The Signature Of The Principal To Be Acknowledged By A Notary Public. Also, The Signature Of The Attorney- In -Fact Should Be Acknowledged By A Notary Public. On The Bond Form Itself There Should Be Two Witnesses To The Signature Of The Principal And Two Witnesses To The Attorney -In -Fact. SSC 2757 (4193 ) DocumentA101 TM -2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Eighth day of November in the year Two Thousand Ten (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: BETWEEN the Owner: The author of this document has added information needed for its Name, legal status, address and other information) completion. The author may also have revised the text of the original City of New Hope AIA standard form. An Additions and 4401 Xylon Avenue North Deletions Report that notes added New Hope, MN 55428-4898 information as well as revisions to the Telephone Number: 763-531-5 100 standard form text is available from Fax Number: 763-531-5136 the author and should be reviewed. A vertical line in the left margin of this and the Contractor: document indicates where the author (Name, legal status, address and other information) has added necessary information and where the author has added to or Excel Companies, hic. deleted from the original AIA text. 700 Bunker Lake Blvd, This document has important legal Anoka, MN 55303 consequences. Consultation with an Telephone Number, 763-712-0757 attorney is encouraged with respect Fax Number: 763-712-1835 to its completion or modification. for the following Project: AIA Document A201 T"-2007, (Name, location and detailed description) General Conditions of the Contract for Construction, is adopted in this New Hope Public Works Facility Cold Storage Roof Replacement document by reference. Do not use with other general conditions unless this document is modified. The Architect: (Name, legal status, address and other information) Bonestroo, Inc. 2335 W. Highway 36 St. Paul, MN 55113 Telephone Number: 651-636-4600 Fax Number: 651 - 636 -1311 The Owner and Contractor agree as follows. AIA Document A101 *M — 2007. Copyright @ 1915,1918,1925,1937,1951, 1958, 1961, 1963,1967,1974,1977,1987,1991,1997 and 2007 by The American nit. Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA! Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 11:53:15 on 10/20/2010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1752053071) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACTSUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than As set forth in the Agreement (As set forth in the Agreement) days from the date of commencement, or as follows: (Insert number ref calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) AIA Document A101 TM — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963,1967,1974,1977,1987,1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIO 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 2 maximum extent possible under the law. This document was produced by AIA software at 11:53:15 on 10/20/2010 under Order No,59678673241 which expires on 07/11/2011, and is not for resale. User Notes: (1752053071) Portion of Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) As set forth in the Agreement ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Eighty-five Thousand Five Hundred Dollars and Zero Cents ($ 85,500.00 subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identcation of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) § 4.3 Unit prices, if any. (Identf y andstate the unit price; state quantity limitations, if any, to which the unit price will be applicable) Item Units and Limitations Price Per Unit ($0.00) § 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item Price ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the Tenth day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the Tenth day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than ( ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. AIA Document A101 — 2007. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American nit. Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 3 maximum extent possible under the law. This document was produced byAIA software at 11:53:15 on 10/2012010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale, User Notes: (1752053071) § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A20ITm-2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent ( 5.00 %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section R8.5 of AIA Document A201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1. 61 and 5.1.62 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. AIA Document A101 TM — 2007. Copyright @ 1915,1918,1925,1937,1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American lit. Institute of Architects. Ali rights reserved. WARNING: This AIO Document is protected by U.S. Copyright Law and International Treaties, Unauthorized 4 reproduction or distribution of this Me Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:53:16 on 10/20/2010 under Order No.59678673241 which expires on 07/11/2011, and is not for resale. User Notes: (1752053071) (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201-2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction) Arbitration pursuant to Section 15.4 of AIA Document A201-2007 Litigation in a court of competent jurisdiction Other (Specijy) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. §'8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any) § 8.3 The Owner's representative: (Name, address and other information) Paul Coone, Operations Manager 4401 Xylon Avenue North New Hope, MN 55428-4898 § 8.4 The Contractor's representative: (Name, address and other information) I Shawn Luther AIA Document Al 01 T11 — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American lit. Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AJO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 5 maximum extent possible under the law. This document was produced byAIA software at 11:53:15 on 10/20/2010 under Order No.596786732411 which expires on 07/11/2011, and is not for resale. User Notes: (1752053071) § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party, § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below, § 9. 1.1 The Agreement is this executed AIA Document A101 -2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201-2007, General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages § 9.1.4 The Specifications: (Either list the SpecUications here or refer to an exhibit attached to this Agreement) Title of Specifications exhibit: Project Manual for Public Works Facility Cold Storage Roof Replacement Section Title Date Pages § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Attached with the Project Manual. Number Title Date 9.1.6 The Addenda, if any: Number Date Pages A October 11, 2010 2 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: .1 AIA Document E20ITm-2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: .2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201 -2007 provides that bidding requirements such as advertisement or invitation to bid, AIA Document A101 TM — 2007. Copyright@ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American lit. Institute of Architects. All eights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this Me Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAIA software at 11:53:15 on 10/20/2010 under Order No.59678673241 which expires on 07/11/2011, and is not for resale. User Notes: (1752053071) Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201-2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A201-2007) Type of insurance or bond Limit of liability or bond amount ($0.00) This Agreement entered into as of the day and year first written above. OWNER (Signature) CONTRACTOR ature) U , V Shawn Luther, President (Printed hame and title) (Printed name and title) AIA Document A10I — 2007. Copyright @ 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991, 1997 and 2007 by The American lit. Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 7 maximum extent possible under the law. This document was produced by AIA software at 11:53:15 on 10/20/2010 under Order No.59678673241 which expires on 07/11/2011, and is not for resale. User Notes: (1752053071) AIA Document A312 TM _ 198 Petformance Bond ' '. CONTRACTOR (Name, Legal Status and SURETY (Name, Legal Status and - , Excel Companies, Inc. ����r� ~��~~--' ADDITIONS AND DELETIONS: The author of this document has �� | ��di����ne���r� ^ completion. The author may also — OWNE (Nam Lega Status and Address have revised the text of the original -', ----w Hope Am standard form. xo Additions and 4401 X information Deletions Report that notes added | New am well wv revisions wthe / standard form text isava from ' the author and should be reviewed. A CONSTRUCTION CONTRACT ' vertical line in the left margin ofthis | Date: November 08 document indicates where the author / has added necessary information Description (Name andLocation): and where the author has added mnr New Hope deleted from the original mAtext. . This document has impo�an,legal --'`-"��~ Date (Not earlier ^^^`'^~~'^''~~^^^~^~/ consequences. Consultation with on ~~~~^^ attorney io encouraged with respect to its completion or modification. Any singular reference mContract, CONTRAC PRINCIPAL ����T� svm� Owner mmxe,ponvvxaxun ' ('--/I C'--n considered plural where applicable. m� ��n�ume�Amo� 1mwpm��u�eo�u T Amo�m mmx�mxmm��m/n�� Ale Document is protected by U.S. C _.-..~~ U rep ~ d ~. th Me Documen o any po °. i may � severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at / 1o:0o:0oon1o/2omom under Order wo.5967867324_ which expires onnn11xm1`. and is not for resale. User Notes: (1498375239) § 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference, § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Section 3.1. § 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: § 3.1 The Owner has notified the Contractor and the Surety at its address described in Section 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and § 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Section 3.1; and § 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. § 4 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or § 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or § 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or § 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. § 5 If the Surety does not proceed as provided in Section 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. § 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Section 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: AIA Document A312Tm —1984 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by nit. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 2 12:00:06 on 10/20/2010 under Order No.59678673241 which expires on 07/11/2011, and is not for resale. User Notes: (1498375239) § 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; § 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 4; and § 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non - performance of the Contractor. § 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. § 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. § 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 12 DEFINITIONS § 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract, § 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. § 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. § 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. nit. AIA Document A312TM —1984 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in 3 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at / 12:00:06 on 10/20/2010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1498375239) § 13 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures ofaddedparties, other than those appearing on the coverpage.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA Document A312TM —1984 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in 4 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:00:06 on 10120/2010 under Order No.59678673241 which expires on 07/11/2011, and is not for resale. User Notes: (1498375239) - 9---vAIA Document ' Payment Bond CONTRACTOR (Name, Legal Status and SURETY (Name, Legal Status and Address): Pri cipal Place of Business): Excel Companies, Inc. � 700 Bunker Lake Blvd. Anoka, MN 55303 OWNER (Name. Legal Status and 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. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contract, Surety, Owner or other party shall be considered plural where applicable. Signature: Signature: Name and Shawn Luther, Name and Title: President Title: '� L (Any additional signatures appear on the last page) (FOR INFORMATION ONLY- Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or otherparty): Paul Coone, Operations Manager 4401 Xylon Avenue North New Hope, MN 55428 -4898 AIA Document A312TM — 1984 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by nit. U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at / 11:56:57 on 10/20/2010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1215655990) § I The Contractor and the Surety, jointly and severally bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment famished for use in the performance of the Construction Contract, which is incorporated herein by reference. § 2 With respect to the Owner, this obligation shall be null and void if the Contractor: § 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and § 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Section 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. § 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. § 4 The Surety shall have no obligation to Claimants under this Bond until: § 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Section 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. § 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last famished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were famished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Section 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. § 5 If a notice required by Section 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. § 6 When the Claimant has satisfied the conditions of Section 4, the Surety shall promptly and at the Surety's expense take the following actions: § 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. § 6.2 Pay or arrange for payment of any undisputed amounts. § 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. § 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. AIA Document A312 TM - 1984 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by nit. U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 2 11:56:57 on 10/20/2010 under Order No.59678673241 which expires on 07111/2011, and is not for resale. User Notes: (1215655990) § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Section 4.1 or Section 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein, The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 15 DEFINITIONS § 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were fumished, § 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. § 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. § 16 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures ofaddedparties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA Document A312TM —1984 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by nit. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 3 11:56:57 on 10/20/2010 under Order No.59678673241 which expires on 07/11/2011, and is not for resale. User Notes: (1215655990) , X-rAIA Document F 11 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) New Hope Public Works Facility Cold Storage Roof Replacement ADDITIONS AND DELETIONS: The author of this document has THE OWNER: added information needed for its (Name, legal status and address) completion. The author may also City of New Hope have revised the text of the original 4401 Xylon Avenue North AIA standard form. An Additions and New Hope, MN 55428 -4898 Deletions Report that notes added information as well as revisions to the THE ARCHITECT: standard form text is available from the author and should be reviewed. A (Name, legal status and address) vertical line in the left margin of this Bonestroo, Inc. document indicates where the author 2335 W. Highway 36 has added necessary information St. Paul, MN 55113 and where the author has added to or deleted from the original AIA text. TABLE OF ARTICLES This document has important legal 1 GENERAL PROVISIONS consequences. Consultation with an attorney is encouraged with respect 2 OWNER to its completion or modification. 3 CONTRACTOR 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 15 CLAIMS AND DISPUTES AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 1 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 11:10:51 on 10/01/2010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1364029286) 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, 61.1, 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, 3.11.1 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 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, 13.1.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.4.1,3.12.7,4.1,4 .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, 9.103, 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 .12.10,4.1.2,4.11,4.2.2,4.2.3, 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 2.4.1, 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 2.4.1, 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 .2.11,4.2.12,4.2.13,4214,6.3, 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, 13.1.1, 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 Building Permit 3.7.1 AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 2 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 11:10:51 on 10/01/2010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1364029286) 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, 2.4.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11.1, 3.12.8, 4.2.8, 523,7.1.2,7.1.3,7.2, 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, 7.11, 7.3.1, 7.4, 7.4.1, 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, 103.3, 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, 3.7.46.1.1, 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 1.6.1,3.2.3,3. 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 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 AIA Document A201 T" —2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:10:51 on 10/01/2010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1364029286) 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, 3.13, 3.2.2, 3.23, 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, 5.3.1, 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 2.4.1, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 73.3.3, 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, 10.4.1, 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, 73.7, 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 2.3.1, 2.4.1, 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, 10.4.1, 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. 3.3,11.1.1,11.3.7,14.1,1421.1 Equipment, Labor, Materials or 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13.1, 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 Init. AIA Document A20ITM — 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 4 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:10:51 on 1010112010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1364029286) 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, 10.4.1, 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, 12.3.1, 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 i 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, 10.4.1 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, 9.5.13, 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. 12.10,3.13.1,4.1.1,9.6.4,9.9.1, 10.2.2, 11.1.1, 11.3, 13.1.1, 13.4, 13.5.1, 13.5.2, 13.6.1, 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 2.3.1,3.2.2,15,3 .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, 103.3, 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, 5.3.1, 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 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 AIA Document A201 TM —2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:10:51 on 10/01/2010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1364029286) 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. 1, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.13,9.10.2,10 .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 1.1.1,3.12.8,4.18,7.1,7.4 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 2.3.1, 2.4.1, 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, 2.3.1, 2.4.1, 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 2.3.1, 2.4.1, 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, 2.3.1, 2.4.1, 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, 9.12, 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, 12.3.1, 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, 3.11.1, 3.17, 4.212, 5.11 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 4.2.5,4.2.9,9.33, 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. 1, 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 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 (nit. AIA Document A201Tm — 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 6 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:10:51 on 10/01/2010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1364029286) 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, 5.3.1, 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, 5.3.1, 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, 1021, 14.1, 14.2.1 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 AIA Document A201T" — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 7 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:10:51 on 10/01/2010 under Order No.5967867324_1 which expires on 07/1112011, and is not for resale. User Notes: (1364029286) 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, 73.7, 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, 4.16, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10 .1,10.3.2,11.4.1.1,12.2.1 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, 10.4.1, 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 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 O 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:10:51 on 10/01/2010 under Order No.5967867324_1 which expires on 07/1112011, and is not for resale. User Notes: (1364029286) 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 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This Al a Document is protected by U.S. Copyright Law and International Treaties. Unauthorized g reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced byAIA software at 11:10:51 on 10/01/2010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1364029286) § 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 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 Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized ) Q reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the J maximum extent possible under the law. This document was produced byAIA software at 11:10:51 on 10(01(2010 under Order No.5967867324_1 which expires on 07111/2011, and is not for resale. User Notes: (1364029286) 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 famish 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 famish 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 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 11 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:10:51 on 10/0112010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1364029286) § 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 facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. AIA Document A201 T" —2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 12 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAIA software at 11:10:51 on 10/01/2010 under Order No.5967867324_1 which expires on 07/1112011, and is not for resale. User Notes: (1364029286) § 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12. & 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 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. AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American snit. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 13 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:10:51 on 10/01/2010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1364029286) § 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. § 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. Init. AIA Document A201 T — 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 14 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:10:51 on 10/01/2010 under Order No.5967867324_1 which expires on 07/1112011, and is not for resale. User Notes: (1364029286) § 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 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 AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 15 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:10:51 on 10/01/2010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1364029286) 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 famished to the Architect. § 3.18 INDEMNIFICATION § 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 3.18. AIA Document A201 —2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 16 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:10:51 on 10/01/2010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1364029286) § 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 lawfizlly 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. § 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. AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 17 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAIA software at 11:10:51 on 10/0112010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1364029286) § 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. § 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 Sub - subcontractor. AIA Document A201 — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 18 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:10:51 on 10/01/2010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1364029286) § 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 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 AIA Document A201 TM —2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 19 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:10:51 on 10/01/2010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1364029286) 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 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. AIA Document A201 — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American (nit. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 20 reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the ! maximum extent possible under the law. This document was produced by AIA software at 11:10 :51 on 10/01/2010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1364029286) 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 .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 AIA Document A201 T — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 21 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:10:51 on 10101/2010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1364029286) 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. 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. AIA Document A201"m — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 22 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 11:10:51 on 10/01/2010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1364029286) § 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. § 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 AIA Document A201 T — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 23 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 t maximum extent possible under the law. This document was produced by AIA software at 11:10:51 on 10/0112010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1364029286) 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 on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and 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; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; A reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When 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. AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties, Unauthorized 24 reproduction or distribution of this AJO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:10:51 on 10/01(2010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1364029286) § 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, 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 shut -down, 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. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 25 reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:10 :51 on 10/01/2010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1364029286) § 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 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. AIA Document A201 TM —2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American (nit. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 26 reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the j maximum extent possible under the law. This document was produced byAlA software at 11:10:51 on 10/01/2010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1364029286) § 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 Sub - subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. § 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. AIA Document A201 — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 27 reproduction or distribution of this Ale Document, or any portion of ft, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:10:51 on 1 0101/2 01 0 under Order No.5967867324_1 which expires on 07111/2011, and is not for resale. User Notes: (1364029286) § 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. § 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. AIA Document A201- —2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American (nit. Institute of Architects. Ail rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 2$ reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 11:10:51 on 10/01/2010 under Order No.5967867324_1 which expires on 07/1112011, and is not for resale. User Notes: (1364029286) § 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 maybe 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 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. AIA Document A201 T —2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 29 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 j maximum extent possible under the law. This document was produced byAlA software at 11:10:51 on 10101/2010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1364029286) § 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 Sub - subcontractors 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 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 AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 30 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAIA software at 11:10:51 on 1010112010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1364029286) 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, sub - subcontractors, 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, sub - subcontractors, 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 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. AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init, institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 31 reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 11:10:51 on 10/01/2010 under Order No.5967867324_1 which expires on 07111/2011, and is not for resale. User Notes: (1364029286) 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, ifrequested 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 hi 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. § 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. Init. AIA Document A201 TM — 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 32 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:10:51 on 10101/2010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1364029286) § 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. § 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 AIA Document A201 TO — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 33 reproduction or distribution of this AIA! Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:10:51 on 10/01/2010 under Order No.5967867324_1 which expires on 07111/2011, and is not for resale. User Notes: (1364029286) 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; .2 An act of government, such as a declaration of national emergency that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor 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. AIA Document A201 TM —2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 34 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 11:10:51 on 10/01/2010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1364029286) § 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. § 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. AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 35 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 t maximum extent possible under the law. This document was produced byAlA software at 11:10:51 on 10/01/2010 under Order No.5967867324_1 which expires on 07(1112011, and is not for resale. User Notes: (1364029286) 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. § 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. AIA Document A201T —2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 36 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:10:51 on 10/01/2010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1364029286) § 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 parry 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. § 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 maybe 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. AIA Document A201 T M — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties, Unauthorized 37 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 11:10:51 on 10/01/2010 under Order No.5967867324_1 which expires on 0 711 11201 1, and is not for resale. User Notes: (1364029286) § 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 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 Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 38 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:10:51 on 10/01/2010 under Order No.5967867324_1 which expires on 07/11/2011, and is not for resale. User Notes: (1364029286) mfebac elowillwAkwi p These Supplementary Conditions amend or supplement the General Conditions of the Contract for Construction (AIA Document A201 -2007) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions. ARTICLE 3 - CONTRACTOR A. Add a New Subparagraph 3.2.5 to Paragraph 3.2: The Owner shall be entitled to deduct from the Contract Sum amounts paid to the Architect for the Architect to evaluate and respond to the Contractor's request for information, where such information was available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner provided information, Contractor- prepared coordination drawings, or prior Project correspondence or documentation. B. Add a New Subparagraph 3.4.4 to Paragraph 3.4: The Owner shall be entitled to deduct from the Contract Sum amounts paid to the Architect to evaluate Contractor's proposed substitutions and to make agree -upon substitutions and to make agreed -upon changes in the Drawings and Specifications made necessary by the Owner's acceptance of such substitutions. C. Add the Fallowing to Subparagraph 3.7.1: The Contractor shall secure and pay for the Electrical Permit and other required Mechanical Permits. The Owner shall secure and pay for a Building Permit. The Contractor shall make arrangements for required inspections. The Contractor shall obtain the Certificate of Occupancy for the Project. The Contractor shall pay plan review fees and inspection fees. The Contractor shall arrange for installation of sewer, electrical, gas, water, and other utilities required, except as other wise indicated. The Owner shall pay sewer and water access charges (SAC and WAC) and park dedication fees, if any. D. Regarding 3.10.1, delete the first sentence and insert the following: "The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a detailed Contractor's construction schedule for the work in form and substance acceptable to the Owner." ARTICLE 4 - ADMINISTRATION OF THE CONTRACT A. Add a New Clause 4.2.2.1 to Subparagraph 4.2.2: The Contractor shall reimburse the Owner for compensation paid to the Architect for additional Site visits made necessary by the fault, neglect, or request of the Contractor. ARTICLE 5 - SUBCONTRACTORS A. Add a New Subparagraph 5.2.5: Acceptance of any supplier or subcontractor shall not mean nor imply acceptance of any material or product not specified in The Contract Documents. SUPPLEMENTARY CONDITIONS © 2010 Bonestroo 1000034-10228-0 00 73 05 - 1 ARTICLE 7 - CHANGES IN THE WORK A. Add a New Subparagraph 7.1.4: Costs related to a change shall be direct costs. All indirect costs shall be included in the Contractor's overhead and profit. No allowance for overhead and profit shall be allowed if the change results in a net decrease in the Contract Sum. The combined overhead and profit included in the total cost to the Owner of a change in the work shall be based on the following schedule: 1. For the Contractor, for work performed by the Contractor's own forces, 10 percent of the cost. 2. For the Contractor, for work performed by the Contractor's subcontractors, 10 percent of the amount due the subcontractors. 3. For each subcontractor involved, for work performed by that subcontractor's own forces, 10 percent of the cost. 4. For each subcontractor involved, for work performed by the subcontractor's subcontractors, 10 percent of the amount due the sub - subcontractor. 5. Cost to which overhead and profit is to be applied shall be determined in accordance with Subparagraph 7.3.6. 6. In order to facilitate checking of quotations for extras or credits, all Bid Forms shall be accompanied by a complete itemization of costs, including labor, materials, and subcontracts. Labor and materials shall be organized and itemized in the manner prescribed above. Where major cost items are subcontracts, they shall be itemized also. B. Regarding 7.3.3, at the end of the introductory sentence, add the following phrase: "which must be described in the Construction Change Directive." C. Regarding Paragraph 7.3.6, delete the first sentence and insert the following: "If the Contractor disagrees in writing within 10 days of the date of the Construction Change Directive with the method for adjustment in the Contract Sum, the method and adjustment shall be determined as a claim." ARTICLE 9 - PAYMENTS AND COMPLETION A. Add a New Clause 9.6.2.1 to Subparagraph 9.6.2: Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within ten (10) days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. Contractor shall pay interest of 1 -1/2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a Contractor must be awarded its costs and disbursements, including attorney's fees, included in bringing the action. A. Add a New Clause 10.2.4.1 to Subparagraph 10.2.4: When the use or storage of explosives or other hazardous materials, substances, equipment, or unusual methods are necessary for execution of the work, the Contractor shall give the Owner reasonable advance notice. B. Regarding Paragraph 10.3.3, delete the last 2 lines and insert the following: SUPPLEMENTARY CONDITIONS © 2010 Bonestroo 1 000034 - 10228 -0 007305-2 "property (other than the work itself) and limited to the extent that such damage, loss, or expense is not due to the contributory negligence of a party seeking indemnity." ARTICLE 11 - INSURANCE AND BONDS A. Add a new Subparagraph 11.1.2.1: The limits of liability for the insurance required shall provide coverage for not less than the following amounts or greater where required by law and regulations: 1. Workers Compensation Insurance Coverage A - Statutory Coverage B - $500,000 Each Accident $500,000 Disease - Policy Limit $500,000 Disease - Each Employee 2. Commercial General Liability $1,000,000 General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Each Occurrence $1,000,000 Personal Injury Products /Completed Operations insurance shall be maintained for a minimum period of at least 1 year after either 90 days following Substantial Completion or Final Payment, whichever is earlier. 3. Comprehensive Automobile Liability $1,000,000 Combined Single Limit - Bodily injury and property damage. All owned, non - owned, and hired vehicles. 4. Umbrella Excess Liability $1,000,000 Each Occurrence $1,000,000 Aggregate Umbrella excess liability shall be a combined single limit which shall provide excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. B. Add Subparagraph 11.1.2.2: The following persons or entities shall be included as additional insured on the Commercial Liability, Comprehensive Automobile Liability, and Umbrella Excess Liability. This coverage shall be primary and noncontributory: OWNER ARCHITECT SUBCONSULTANTS Others C. Add a New Clause 11.1.3.1 to Subparagraph 11.1.3: The Contractor shall furnish 1 copy each of Certificates of Insurance for each copy of the Agreement which shall specifically set forth evidence of all coverage's required. The form of Certificate shall be ACORD 25 -2, Certificate of Insurance and AIA Document G715, Supplemental Attachment for ACORD 25 -2 Certificate of Insurance. SUPPLEMENTARY CONDITIONS © 2010 Bonestroo 1000034-10228-0 007305-3 D. Delete Paragraph 11.2 in its entirety. E. Delete the first line of the first sentence in Subparagraph 11.3.1 and replace with the following: "The ContractOShaUpurchase8ndmaintain, in8 company or" ARTICLE 15—CLAIMS AND DISPUTES A. Add the Follow to Subparagraph 15.1.5.2: Data substantiating abnormal weather conditions shall include at rn|ninnumn local US Weather Bureau Climatological Repor for the period involved plus a report indicating the average precipitation and temperature for the past 10 years from the nearest US Weather Bureau Reporting Station. SUPPLEMENTARY CONDMONS �010 Bonestron100003410228-0 00730'4 PART 1 GENERAL 1.01 SECTION INCLUDES A. Basic description of the Project and Work restrictions. 1.02 SUMMARY OF WORK A. Project Name: Public Works Facility Cold Storage Roof Replacement, City Improvement Project No. ? ?? for the City of New Hope, Minnesota. B. Description of Work: In general, Project Work consists of the following significant elements: 1. Removal of the existing built -up roofing system and insulation over the cold storage area of the Public Works Facility. Installation of a new 4 -ply modified bitumen roofing system with insulation over the existing supporting substrate over the cold storage area of the Public Works Facility. Replacement of the existing metal fascia /flashing at the north and east parapets at the cold storage area as well as replacement of 2 metal scuppers. Removal and modification of the existing prefinished metal fascia /coping at the west wall above the cold storage area. Removal and replacement of the existing roofing control joint at the south end of the existing roof over the cold storage area. 2. Removal of the existing built -up roofing system and insulation on the roof area immediately south of cold storage area roof defined above. Installation of a new 4 -ply modified bitumen roofing system with insulation over the existing supporting substrate over this area of the Public Works Facility. Replacement of the existing metal fascia /flashing at the south and east parapets at the cold storage area as well as replacement of 1 metal scupper. Removal and modification of the existing prefinished metal fascia /coping at the west wall above this area. Cleaning and re- flashing one existing roof drain and one existing galvanized metal flue. 1.03 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.04 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.05 WORK RESTRICTIONS A. Use of Site: 1. Contractor shall coordinate with Owner location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction and shall remove upon completion of Work. 2. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 3. Keep existing driveways and entrances clear and available to the public and to the Owner. 4. If additional space is needed, obtain and pay for such space off Site. SUMMARY © 2010 Bonestroo 1000034-10228-0 01 1000-1 B. Access to Sites: 1. Contractor shall coordinate with Owner. PART 2 PRODUCTS 0941WY" PART 3 EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the Lump Sum Bid. END OF SECTION SUMMARY © 2010 Bonestroo 1000034-10228-0 01 1000-2 PART 1 GENERAL 1.01 SECTION INCLUDES A. Administrative and procedural requirements for pricing of Work and request for payment procedures. A. Unless specifically noted as a Bid Unit Price Item, all Work shall be included in the Lump Sum Bid. B. Lump Sum Bid shall be based on Base Bid Equipment and Materials. C. Progress payments will be made as Work progresses based on the Schedule of Values established for this portion of the Work. 1.03 PAYMENT PROCEDURES A. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions. Submit 4 signed copies of Application for Payment to Architect prior to the dates identified at the Preconstruction Conference. B. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. 2. Updated construction schedule consistent with 0133 00. 3. Wage reports, etc. required for funded projects. PART 2 PRODUCTS NOT USED. PART 3 EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the Lump Sum Bid. PRICE AND PAYMENT PROCEDURES © 2010 Bonestroo 1 000034 - 10228 -0 012000-1 PART1 GENERAL 1.01 SECTION INCLUDES A. General requirements for overall Project coordination. 1.02 UTILITIES A. Notify Gopher State One Call before starting construction in d given area requesting utility locates in the Site. B. Project Utility Sources: Coordinate Work with the following utility owners. The following utilities are known tobeon the Site and are shown on the Drawings ina general way: 1, Water: Owner. l Sanitary Sewer: Owner. 3. Storm Sewer: Owner. 4. Electric: Excel Energy/City of Waseca. 5. Gas: CentarPointEnergy. 6. Telephone: QvvestCommunicetions. 7. Cable TV: Media Com. C. Owner requires a 48 notice for all utility interruptions. 1.03 PERMITS A. Apply for pay all fees obtain, and comply with the provisions of the following permits, which the Owner will waive the permit application fee: 1. City Building Permit. B. Apply for, pay all fees obtain, and comply with other permits, licenses, and approvals which may be required for the Project. C. All state and county inspection fees s bepaid for bvt Contracto D. The Contractor shall make all arrangements. 1.04 PROJECT MEETINGS A. Administrative Requirements: 1. Project Superintendent or persons designated bv the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time, Sites, and pnapona the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required. Contractor shall distribute meeting minutes tosubcontractors. PROJECT MANAGEMENT AND COORDlNA (�2010 onnestmo 1000034-10228-0 013100-1 B. Preconstruction Conference: 1. Architect will schedule a meeting at the Site prior to Contractor occupancy. 2. Attendance Required: Contractor, Owner, Architect, major consultants, Contractor's superintendent, and major subcontractors. 3. Agenda: a. Designation of personnel representing the parties in Contract and the Architect. b. Procedures and processing of field decision, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract closeout procedures. c. Scheduling. d. Use of premises by Owner and Contractor. e. Owner's requirements and occupancy prior to completion. f. Construction facilities and controls provided by Owner. g. Security and housekeeping procedures. h. Application for payment procedures. i. Procedures for maintaining record documents. j. Requirements for start-up of equipment. k. Inspection and acceptance of equipment put into service during construction period. 4. Contractor shall record minutes and distribute copies within 5 days after meeting to participants, with copies to Architect, Owner, participants, and those affected by decisions made. C. Progress Meeting Procedures: 1. Architect will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near -term construction activities. 1.05 CONSTRUCTION SCHEDULING A. Coordinate access to Sites with City summer recreation schedules to ensure access to the facilities is maintained. i• � PART 3 EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the Lump Sum Bid. PROJECT MANAGEMENT AND COORDINATION 9 2010 Bonestroo 1000034-10228-0 013100-2 • F • ,• PART 1 GENERAL 1.01 SECTION INCLUDES A. General procedures and requirements for submittals during the course of construction. 1.02 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. • _s PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. B. Prepare schedules on 11 inch by 17 inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity: 1. List work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of 3 days or longer. 2. Format schedule as a horizontal bar chart. Provide separate bars for each activity or trade. 3. Provide space for revisions and notations. 4. Identify interrelations between activities. 5. Include estimated times for preparation of submittals by Contractor, processing and review of submittals by Architect, fabrication, delivery, installation, testing, start -up, instruction of Owner, and clean -up. C. As Work progresses, revise, update, and resubmit schedule as requested by Architect. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. 3.02 SCHEDULE OF SHOP DRAWINIGS A. Contractor shall submit a list of shop drawings for project for Architect approval. Revise list as required by the Architect. 3.03 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8 -1/2 inch by 11 inch paper outlining 24 hour on -call contacts for the Project. This list shall include the Contractor's safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. SUBMITTAL PROCEDURES © 2010 Bonestroo ( 000034 - 10228 -0 013300-1 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. 3.04 SHOP DRAWINGS AND MANUFACTURERS' INFORMATION A. Conform to the requirements of the General Conditions, except as modified herein. B. In addition to requirements in the General Conditions, shop drawings shall contain sufficient specific information to allow Architect to determine compliance with the specifications and standard of quality established therein. C. The minimum sheet size shall be 8 -1/2 inches by 11 inches. Non - legible copies will not be reviewed. D. Submit a minimum of 4 copies of shop drawings, plus the quantity of copies the Contractor wants returned. Each copy shall contain the following information: 1. Date of submission and date of any previous submittals. 2. Project Title. 3. Names Of: Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product and Specification Section number. 5. Identification of revisions from previous submittals. 6. A 4 inch by 4 inch blank space for the Architect's stamp. 7. Numbered sequentially in chronological order of submission. Resubmittals shall include nomenclature to indicate revision from earlier submittals. E. Contractor shall reimburse Architect for evaluating more than 2 re- submittals on the same item. F. Architect's review will be in conformance with the requirements of the General Conditions, except as modified herein. G. Architect will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. "Approved" — Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. "Approved as Noted" — Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, except as noted by Architect. 3. "Revise and Resubmit" — Appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Work cannot proceed until the submittal is revised and resubmitted conforming to the resubmittal procedures described in the General Conditions. 4. "Rejected" — Work covered by the submittal is not complete or it appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Contractor shall conform to the resubmittal procedures described in the General Conditions. SUBMITTAL PROCEDURES © 2010 Bonestroo 1000034-10228-0 013300-2 N. Architect will return reviewed submittals to Contractor by U.S. Postal Service general delivery. If Contractor wants Architect to expedite return delivery, Contractor shall notify Architect in writing and reimburse Owner for delivery plus 15 percent mark -up. 3.05 OPERATION AND MAINTENANCE MANUALS A. Conform to the requirements of Section 0178 23. 3.06 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specifications. 3.07 WARRANTIES A. Conform to the requirements of Section 01 78 36. 3.08 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the Lump Sum Bid. r s � SUBMITTAL PROCEDURES © 2010 Bonestroo ( 000034- 10228 -0 013300-3 • 1 +. 1 i; /: PART 1 GENERAL 1.01 SECTION INCLUDES A. Basic requirements for products used in the Work. 1.02 SUBMITTALS A. Submit the following items consistent with Instructions to Bidders: 1. Written request for approval with supporting documentation. B. Submit the following items consistent with Section 0133 00 and General Conditions Article 6.05: 1. Shop drawings for named products and "or- equal" products. 2. Written application for substitute items, including supporting documentation. 1.03 PRODUCT SUBSTITUTIONS AND "OR- EQUAL" PROCEDURES A. Procedures During Bidding: 1. Conform to the requirements of the Instructions to Bidders. B. Procedures During Construction: 1. Scheduling of Submittals: Conform to the Contractor's Schedule of Submittals. 2. Submittal Procedures: Conform to the requirements of Section 0133 00. 3. Items not approved as "or- equal" may be resubmitted as a Substitute Item. 4. Engineer will review Substitute Item requests that conform to General Conditions Article 6.05.A2d and include, at a minimum, the following additional supporting documentation: a. Drawings and specifications. b. Installation lists. c. Performance data, including equipment capacity, strengths, weights, and dimensions. d. Catalog cut - sheets. e. Lists of deviations from and exceptions to the Specifications. f. Detailed information for all buy -out items, including motors and drives. g. Lists of materials of construction. h. Maintenance schedules of equipment, including buy -out items. i. Other information deemed necessary at the discretion of Engineer. 5. Incomplete submittals will be returned to Contractor without review. 6. Contract times will not be modified due to substitute and "or- equal" review process. 7. Engineer shall not have to prove that an item is not an "or- equal." 8. Owner does not have to accept proposed Substitute Items. 1.04 SUBTITUTE ITEMS A. Procedures During Bidding: 1. Conform to the requirements of the Instructions to Bidders. PRODUCT REQUIREMENTS © 2010 Bonestroo 1000034-10228-0 016000-1 B. Procedures During Construction: 1. Substitute material or equipment items accepted by the Owner and included in the award of Contract become named materials or equipment. 2. Submit shop drawings and material certifications consistent with Section 0133 00. PART 2 PRODUCTS 1091AI U11J! PART 3 EXECUTION 3.01 DELIVERY A. Contractor shall inspect all products, equipment, and materials upon arrival at site. Contractor shall note any damage and be responsible for corrective action. Damaged products, equipment, or materials are not acceptable. B. Transport and handle products in accordance with the manufacturer's instructions. Contractor shall receive all products to be incorporated in the project and shall provide equipment and labor necessary to unload and transport products. C. Handle and lift products only at designated lift points and by methods to avoid soiling, disfigurement, bending, over stressing, and damage. D. Store products on shelves, in bins, or in neat groups of like items with seals and labels intact and legible, and in a manner to provide access for maintenance and inspection. E. Store loose granular materials on clean, solid, flat surfaces, and prevent mixing with foreign matter. Store fabricated products supported above the ground on skids or blocking. Provide surface drainage to prevent erosion and ponding of water. F. Cover products subject to discoloration or deterioration with impervious sheet covering and protect products from soiling and staining. G. Store and protect products which are subject to damage by the elements in weathertight, climate controlled enclosures, and according to the manufacturer's instructions. Maintain temperature, ventilation, and humidity within ranges stated in the manufacturer's instructions. H. Attach applicable manufacturer's service instructions labeled "STORAGE SERVICE INSTRUCTIONS ENCLOSED" to exterior of each stored product. I. Inspect, maintain, and service stored products on a regularly scheduled basis, consistent with the manufacturer's instructions. J. Record inspection, maintenance, services performed, and keep log available for review. K. Traffic control required for all deliveries to and from the Site(s) shall be the responsibility of the Contractor. All flagmen, barricades, flares, and safety measures are the sole responsibility of the Contractor. PRODUCT REQUIREMENTS © 2010 Bonestroo 1000034-10228-0 016000-2 3.02 STORAGE AND HANDLING A. Protect from damage all materials and equipment to be used in the completed facility. B. Provide temporary Site security fencing around storage areas and as indicated on the Drawings C. The Contractor shall provide the Owner and Engineer with keys or combinations to any locks that may be used to secure fencing gates. D. Storage areas and hazardous areas shall be protected by use of chain link fence around the perimeter of the area. This fencing is in addition to any other fencing required for Site containment. 3.03 OWNER SUPPLIED PRODUCTS A. The Contractor shall be responsible for removal, protection, storage, delivery, and installation of all Owner furnished equipment or materials, unless otherwise specified. B. The Contractor shall be required to make all modifications to structures, equipment, and power to provide a complete and working installation of the Owner furnished products. C. The Contractor shall provide any materials or equipment required for the installation of the Owner supplied products, including but not limited to electric wire and conduit, pipes, anchors, and supports. D. The Contractor shall be responsible for inspection of any existing Owner furnished products to verify characteristics prior to Bidding. E. Install Owner furnished equipment in accordance with manufacturer's recommendations and as specified in other Sections. F. All costs associated with the complete installation of Owner furnished equipment shall be considered incidental to the Project, unless otherwise specified. 3.04 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the LUMP SUM BID. PRODUCT REQUIREMENTS © 2010 Bonestroo ( 000034 - 10228 -0 016000-3 • • W EXECUTION REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. 1.02 SUBMITTALS A. Submit the following items consistent with the Contract and Division 01 Sections: 1. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. Spare Parts, Operation and Maintenance Manuals, instructions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 6. Final Application for Payment, including accompanying documentation. 7. IC -134 Form. •• NOT USED. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent Work. B. Existing Conditions: Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. By commencing work, Contractor accepts existing conditions. C. Inspect each product immediately prior to installation. Remove damaged products from Site. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B. Secure Work true to line and level, within recognized industry tolerances, with anchorage devices designed and sized to withstand stresses, vibration, and rocking. Allow for expansion and movement of building. C. Install each element of work during weather conditions and Project status to ensure coordination of the Work. Isolate each element of Work from incompatible work as necessary to prevent deterioration. EXECUTION REQUIREMENTS © 2010 Bonestroo 1000034-10228-0 017000-1 D. Coordinate space requirements and installation of mechanical and electrical work indicated on Drawings. Follow routing shown for pipes, ducts, and conduit; place runs parallel with line of building. Utilize spaces efficiently to maximize accessibility for other installations, maintenance, and repairs. E. Mount individual units of Work at industry recognized standard - mounting heights for the particular application indicated, where mounting heights are not indicated. F. Conceal pipes, ducts, and wiring within the construction in finished areas, except as otherwise indicated. Coordinate locations of fixtures and outlets with finish elements. G. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 EQUIPMENT VARIATIONS A. Contractors are advised that because of manufacturer's variations in equipment design changes from Drawings in piping arrangement and layout, electrical and control circuitry, and related dimensions of equipment foundation and anchorage details may be required for equipment installations. B. Equipment requiring minor deviations in the system layout, such as minor piping revisions, will be acceptable; however, the Contractor shall include all costs associated with the deviation in their Bid. Should the deviation require revisions in the design of the facility, the Contractor shall reimburse the Owner for the cost of any redesign. C. Electrical and mechanical piping, conduits, and ducts are shown schematically and shall be located by the Contractor to avoid any conflicts. Contractor shall coordinate work of all subcontractors and make minor relocations as necessary at no change to the Contract Price. K � ����uGT- i(��►�I;1►L�L A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Architect. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings to be removed. D. Clean access roads and haul routes with mechanical street sweeper. E. If Contractor fails to maintain Site, Architect will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12 -hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 3.05 CLEANING AND PROTECTION A. Clean and protect Work in progress and adjoining Work during handling and installation. Apply protective covering on installed Work where it is required to ensure freedom from damage or deterioration. EXECUTION REQUIREMENTS © 2010 Bonestroo 1000034-10228-0 01 70 00 -2 B. Clean and perform maintenance as frequently as necessary throughout construction period. Adjust and lubricate operable components to ensure operability without damage effects. 3.06 FINAL CLEANING A. Wash and polish all glass surfaces. B. Dust, vacuum, wash, and clean all spaces, duct work, light fixtures, equipment, electrical work, and all other components of the Work. Remove all stains, dust, and dirt. C. Wash, clean, and sterilize plumbing fixtures. D. Replace burned out lamps. Replace all HVAC filters. 3.07 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new Work to existing conditions. B. Remove or cut existing work only as necessary to join the new Work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by Work of the Project. D. Repair any damage to existing conditions and patch to match. E. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.08 SPECIAL TOOLS A. Provide any special tools, jigs, fixtures, and lifting tackle which are necessary for assembly, erection, operation, maintenance, and repair of equipment. B. Special tools and devices are those the design, purpose, and use of which are peculiar to the equipment furnished and which are not available from normal wholesale or retail outlets. Standard general purpose tools are not included in this requirement. C. Provide neat and substantial metal tool box with hinged cover and lifting handles or metal cabinet with hinged door. 3.09 SPARE PARTS A. Required spare parts are listed under the individual Specification Sections. B. Deliver spare parts to Owner in original manufacturer's wrapping or container at substantial completion. C. Contractor and Owner shall inspect spare parts and sign a document verifying transfer of spare parts to Owner. EXECUTION REQUIREMENTS © 2010 Bonestroo 1000034-10228-0 017000-3 3.10 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 A. Upon completion of the Project and prior to Final Payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue Revised Form IC -134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, Forms Section, Mail Station 1173, St. Paul, MN 55146 -1173 or by calling (651) 296 -4444. 3.11 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the Lump Sum Bid. END OF SECTION EXECUTION REQUIREMENTS © 2010 Bonestroo ( 000034 - 10228 -0 017000-4 PART 1 GENERAL 1.01 SECTION INCLUDES A. General procedures and requirements for Operation and Maintenance Manuals. 1.02 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with Contractor's schedule of submittals. B. Operation and Maintenance Manuals must be approved before placing equipment into operation. •r NOT USED. PART 3 EXECUTION 3.01 SUBMITTAL PROCEDURES A. Submit 2 preliminary paper copies and one electronic copy of the Operation and Maintenance Manuals 30 days prior to equipment startup for review by the Architect. Architect will review and return one set to the Contractor marked "Approved," "Approved as Noted," "Revise and Resubmit," or "Rejected" consistent with Section 0133 00, B. Electronic copy shall be in Adobe Acrobat format. Electronic copy shall include bookmarks. C. After the Operation and Maintenance Manuals have been corrected, submit 3 final paper copies and 1 final electronic copy. D. Manuals shall include detailed equipment drawings and explicit instructions on the operation and maintenance of each piece of equipment furnished on the Project. E. Operation and Maintenance Manuals shall be submitted separately from shop drawings. 3.02 OPERATION AND MAINTENANCE MANUALS A. Manuals are required for all equipment, accessories, devices, etc. that require adjustment, maintenance, operation, or repairs by the Owner's personnel, including driver, motors, controls, etc. All information shall be supplied by the appropriate equipment manufacturers, neatly bound in rigid cover ring type binders by the Contractor, and properly indexed. Manuals shall include record shop drawings and copies of factory certified tests. Each manual shall contain the following information where applicable: 1. Operation and Maintenance Manuals shall be clearly identified as operation and maintenance submittal. 2. All performance and design characteristics and unit identification, such as model and serial numbers. 3. All accessories or options furnished with unit. OPERATION AND MAINTENANCE MANUALS © 2010 Bonestroo 1000034-10228-0 017823-1 4. Complete instruction on lubrication, testing, balancing, etc. 5. List of recommended lubricants. 6. Step -by -step instructions for repair or overhaul. 7. Parts list and parts diagram. 8. Long -term and short-term storage and shut -down procedures. 9. Trouble- shooting instructions. 10. Assembly and disassembly instructions. 11. Wiring diagrams. 12. Copy of approved/ revised shop drawings. 13. Listing of spare parts the Owner should keep on hand as recommended by the manufacturer. 14. Name and phone number of supplier and manufacturer where repair parts or additional information can be obtained. 15. Copy of warranty. B. Each manual shall be specifically for the items actually installed. Where manuals show a number of models or options, the manual shall be clearly marked to indicate what was furnished and which instructions apply to the furnished unit. C. Superfluous information pertaining to other models, options, etc. not furnished shall be clearly crossed out or otherwise eliminated. Failure to meet this Section of the Specifications will result in payment reduction. D. Manuals shall also contain any technical bulletins, memos, and like documents referenced by the manufacturer's manual. E. Manuals shall also contain additional data deemed necessary by the Architect to provide Owner with complete operational and maintenance data for the product or equipment provided as part of the Work. 3.03 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the Lump Sum Bid. OPERATION AND MAINTENANCE MANUALS © 2010 Bonestroo 1000034-10228-0 0178 23-2 PART 1 GENERAL 1.01 SECTION INCLUDES A. Warranties for the Work of this Project. 1.02 SUBMITTALS A. Bind in commercial quality, 8 -1/2 inch by it inch, 3 -ring, side binders with hardback, cleanable, plastic covers. B. Table of Contents: Provide neatly typed, Table of Contents matching that of the Project Specifications with each item identified with the number and title of the Specification Section in which specified and the name of the product or work item. C. Label cover of each binder with typed or printed title WARRANTIES with title of Project; name, address, and telephone number of Contractor and equipment supplier; and name of responsible principal. D. Separate each warranty keyed to the Table of Contents listing. Provide full information using separate typed sheets as necessary. List subcontractor, supplier, and manufacturer with name, address, and telephone number of responsible principal. 1.03 PREPARATION OF WARRANTIES A. Obtain warranties executed in duplicate by responsible subcontractors and suppliers within 10 days of completion of the application item or Work. Leave date of beginning of time of warranty blank until the Date of Substantial Completion is determined. B. Verify that documents are in proper form, contain full information, and are notarized. C. Co- execute submittals when required. D. Retain warranties until delivery time indicated below. 1.04 DELIVERY A. For equipment or component parts of equipment put into service during construction with Owner's permission, submit documents within 10 days after acceptance. B. Within 10 days after Architect's declared and written confirmation of the Date of Substantial Completion. C. For items of Work when acceptance is delayed beyond Date of Substantial Completion, submit within 10 days after acceptance, listing the date of acceptance as the beginning of the warranty period. WARRANTIES © 2010 Bonestroo 1000034-10228-0 01 7836-1 1.05 LENGTH OF WARRANTY A. Minimum length of all equipment warranties shall extend through the Correction Period. B. Length of Warranties: Conform to the requirements of the Specifications. PART 3 EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the Lump Sum Bid. END OF SECTION WARRANTIES © 2010 Bonestroo 1000034-10228-0 017836-2 PART 1 GENERAL 1.01 SECTION INCLUDES A. General procedural requirements for starting and placing in service systems and equipment. 1.02 SUBMITTALS A. Submit the following items consistent with Section 0133 00: 1. Operating data and field- testing results. 2. Start-up schedule for equipment and systems. PART 2 PRODUCTS NOT USED. PART 3 EXECUTION 3.01 GENERAL A. Provide checkout services, start-up, demonstration, and training for each individual piece of equipment. B. Provide checkout services, start-up, demonstration, and training for each system. C. Provide checkout services, start-up, demonstration, and training for Project as a functioning whole. D. Multiple mobilizations and service trips will be required. 3.02 SERVICE REPRESENTATIVE A. Provide qualified service representatives as necessary to inspect equipment after it is installed to assure that all details of installation are correct, to confirm that equipment is prepared for operation in accordance with manufacturer's instructions and recommendations, and to confirm that equipment is ready for incorporation into other systems and components of the Work. B. Qualified service representative shall check connections to equipment and adjust, or supervise adjustment of control and indicating devices after equipment has been installed and connected, and to fully instruct Owner's operating personnel in operation and maintenance of equipment. C. Provide qualified service representatives to supervise preliminary operation of equipment and perform adjustments as necessary. 3.03 CHECK OUT SERVICES A. Prepare all equipment installed under this Contract for operation. FACILITY OPERATION © 2010 Bonestroo 1000034-10228-0 019200-1 B. Follow instructions and recommendations of service representatives representing manufacturers of equipment installed and make adjustments necessary for proper operation. C. Rotating equipment shall be checked for vibration and equipment bases grouted prior to start -up. Rotation shall be verified. D. All electrical and mechanical systems shall be thoroughly checked and system operation simulated prior to start-up to minimize malfunctions during start -up. E. Equipment shall be lubricated prior to operation in accordance with manufacturer's instructions. F. Provide Owner a minimum of 1 week notice prior to checkout procedures so that operating personnel can be scheduled to participate. G. Operation and Maintenance Manuals must be approved by the Architect prior to checkout services on equipment. 3.04 SYSTEM AND EQUIPMENT START -UP AND DEMONSTRATION A. Provide written certification that checkout services have been completed and 1 week notice prior to start-up and demonstration. B. Place various items of equipment into operation along with related piping and control systems at times acceptable to Owner. After satisfactory start-up of these systems and their related equipment, they will remain in continuous or intermittent operation as required by the Owner. C. All equipment and accessories shall be adjusted and calibrated prior to any start-up and any equipment placed into temporary operation prior to Final Completion of the Total Project shall be readjusted and /or recalibrated as necessary. D. Contractor shall supervise, control, and be responsible for operation and maintenance of new equipment and /or systems during start-up. E. Contractor shall supervise, control, and be responsible for operation and maintenance of new equipment and /or systems during a period of 3 calendar days after the new equipment and /or system is placed in operation. Contractor shall remain responsible for making any required changes, repairs, or replacements to the new installation for a period of 3 calendar days after the Project is determined to be Substantially Complete. F. No system start-ups will be held on holidays, Fridays, or the day before a holiday. 3.05 INSTRUCTION OF OWNER'S EMPLOYEES A. Following start-up and demonstration, the Contractor shall provide competent personnel who fully understand the operation of the equipment to instruct the Owner in the operation and maintenance of each item and system. B. Such instruction shall take place prior to acceptance of the installation by the Owner, at such a time or times that are acceptable to Owner. FACILITY OPERATION © 2010 Bonestroo 1000034-10228-0 019200-2 C. Training time requirements for equipment and systems are included in the Specifications. The stated training times are the time required for operator instruction only. Time spent for checking systems, testing, balancing, calibration, and start-up are not considered instruction or training time. D. The time of instruction specified shall be time actually spent at the Site and shall not include travel time. 1 day shall be considered 8 hours. 3.06 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the Lump Sum Bid. I ;#zI • FACILITY OPERATION © 2010 Bonestroo 1000034-10228-0 019200-3 SELECTIVE DEMOLITION PART1 GENERAL 1.01 SECTION INCLUDES A. Removal of existing built -up roofing system and insulation over the Cold Storage portion of the New Hope Public Works Facility and the roof area immediately south. Removal of the existing prefinished metal fascia at the north, east and south walls of this roof area, including 3 scuppers. Careful removal of the existing prefinished metal fascia /coping system at the west wall of these roof areas for modification to accommodate the additional roof insulation thickness of the new roofing system and re- installation after the new roofing system installation has been completed. B. Related Sections: 1. Conditions of the Contract, Supplementary Conditions, and Division 01 Sections. 1.02 RELATED SECTIONS A. Conditions of the Contract, Supplementary Conditions, and Division 01 Sections. 1.03 SUBMITTALS A. Shop Drawings: Indicate demolition and removal sequence; location and construction of barricades, fences, and temporary work. 1.04 PROJECT RECORD DOCUMENTS A. Accurately record locations of capped utilities and subsurface obstructions on the Contractor's record drawing set. 1.05 REGULATORY REQUIREMENTS A. Except as modified by governing codes and by this Specification, comply with the applicable provisions and recommendations of ANSI A -10.2, Safety Code for Building Construction and OSHA. B. Conform to applicable code for demolition of structure, safety of adjacent structures, and dust control. C. Obtain required permits from authorities. D. Notify affected utility companies before starting Work and comply with their requirements. E. Do not close or obstruct roadways, sidewalks, or hydrants without permits. F. Conform to procedures applicable when discovering hazardous or contaminated materials. SELECTIVE DEMOLITION © 2010 Bonestroo 1000034-10228-0 0241 19-1 1.06 SCHEDULING A. Before commencing any alteration or demolition work, submit for review and approval of the Owner, a schedule showing the commencement, the order, and the Completion Dates for the various parts of this Work. B. Before starting any Work relating to existing utilities that will be temporarily discontinue or disrupt service to or within the existing building, notify the Owner 72 hours in advance and obtain the Owner's approval before proceeding with this phase of the Work. PART 2 PRODUCTS 2.01 MATERIALS A. Products required to complete the Work, including protective coverings, platforms, barriers lights, water and other items required by this Section. PART 3 EXECUTION 3.01 PROTECTION A. Provide, erect, and maintain barriers and security devices. B. Protect existing nearby trees and landscaping materials, appurtenances, and structures which are not to be demolished. C. Prevent movement or settlement of nearby structures which are not to be demolished. D. Mark location of utilities. E. Make such explorations and probes as are necessary to ascertain any required protective measures before proceeding with demolition and removal. Give particular attention to shoring and bracing requirements so as to prevent any damage to existing building. F. Provide, erect, and maintain catch platforms, lights, barriers, weather protection, warning signs, and other items as required for proper protection of the workmen engaged in demolition operations, public, and adjacent construction. G. Provide and maintain weather protection at exterior openings so as to fully protect the interior premises against damage from the elements until such openings are closed by new construction. H. Provide and maintain temporary protection of the existing structure designated to remain where demolition, removal, and new Work is being done, connections made, materials handled, or equipment moved. I. Take necessary precautions to prevent dust and dirt from rising by wetting demolished masonry, concrete, plaster, and similar debris. Protect unaltered portions of the existing building affected by the operations under this Section by dust proof partitions and other adequate means. J. Provide adequate fire protection in accordance with local Fire Department requirements. K. Do not close or obstruct walkways without the authorization of the Engineer. Do not store or place materials in means of egress. Conduct operations with minimum traffic interference. SELECTIVE DEMOLITION © 2010 Bonestroo 1 000034 - 10228 -0 0241 19-2 L. Assume responsibility for any damage to the existing structure or its contents resulting from the insufficient protection. 3.02 GENERAL REQUIREMENTS A. Conduct demolition, removal, and alteration work to minimize interference with nearby structures. Cease operations immediately if nearby structures appear to be in danger and notify Owner. Do not resume operations until directed. B. Conduct operations with minimum interference to public or private accesses. Maintain protected egress and access at all times. C. Conduct operations with minimum traffic interference. D. Do not traverse or infringe upon adjacent properties. E. Owner shall have the right to keep any removed /salvaged items. Contractor shall review with Owner prior to construction and on an on -going basis through construction. Contractor shall transfer salvaged items to the Owner. F. Materials or items demolished not desired to be kept by the Owner or designated to be reinstalled shall become the property of the Contractor and shall be removed from the Owner's property. All costs for removal, handling, transportation, and disposal shall be included in the Bid. G. Remove materials or items desired to be kept by the Owner with care and store in a location at the Site to be designated by the Owner. H. Materials or items designated to be reinstalled shall be as shown on the Drawings. Remove such items with care under the supervision of the trade responsible for reinstallation; protect and store until required. Replace material or items damaged in its removal with similar new material. I. Where alterations occur or new and old work join, cut, remove, patch, repair, or refinish the adjacent surfaces or so much thereof as is required by the involved conditions, and leave in as good a condition as existed prior to the commencing of the work. The materials and workmanship employed in the alterations, unless otherwise shown or specified, shall conform to that of the original work. Alteration work shall be performed by the various respective trades that normally perform the particular items of Work. J. Finish new and adjacent existing surfaces to match existing adjacent surfaces. Clean existing surfaces of dirt, grease, loose paint, and so on before refinishing. K. Where existing equipment and /or fixtures are indicated to be reused, repair such equipment and /or fixtures and refinish to put in perfect working order. Refinish as directed. L. Cut out embedded anchorage and attachment items as required to properly provide for patching and repair of the respective finishes. M. Confine cutting of existing roof areas designated to remain to the limits required for the proper installation of the new Work. Cut and fold back existing fully adhered membrane roofing. Cut and remove insulation, and so on. Provide temporary weather tight protection as required until new roofing and flashings are installed. SELECTIVE DEMOLITION 9 2010 Bonestroo 1000034-10228-0 0241 19-3 3.03 WORKMANSHIP A. Perform such Work required with due care, including shoring, bracing, and so on. Be responsible for any damage that may be caused by such Work to any part or parts of existing structures or items designated for reuse. Perform patching, restoration, and new work in accordance with applicable Technical Sections of the Specifications. B. Disconnect and remove /cap utilities within demolition and proposed work areas. C. Remove demolished materials from Site and dispose of in compliance with all regulatory requirements, including any contaminated, vermin - infested, or dangerous materials encountered. D. Do not burn or bury materials on Site. E. Provide, erect, and maintain catch platforms, lights, barriers, weather protection, warning signs, and other items as required for proper protection of the workmen engaged in demolition operations, public, and adjacent construction. F. Perform such work required with due care, including shoring, bracing, and so on. 3.04 PROTECTION OF REMAINING EQUIPMENT AND STRUCTURES A. The Contractor shall use great care in the removal of equipment and structures to ensure that existing equipment and structures remaining will not be damaged. B. Dust -proof partitions or other adequate means shall be erected and maintained as required to prevent dust, fumes, and smoke from spreading to other parts of the building. 3.05 PAINTING A. Patch and paint all holes left by demolition or removal. Paint and texture to match existing. 3.06 CLEANUP A. Remove debris as the Work progresses and maintain the premises in a neat and clean condition. B. All demolition debris shall be either immediately removed from the Site or placed in approved Contractor furnished containers and removed from the Site when container is filled. Debris shall be delivered to an approved landfill. C. Remove temporary Work. D. Upon Project completion, Contractor shall be responsible for all labor and material costs associated with the cleaning of the existing building. All equipment, walls, ceilings, rafters, joists, windows, etc. shall be left in the same condition as they were before the Project started. Filters for mechanical equipment shall be replaced upon Project completion. E. Leave Site in clean condition. SELECTIVE DEMOLITION © 2010 Bonestroo 1000034-10228-0 0241 19-4 3.07 MEASUREMENT AND PAYMENT A. This Work shall include the removal of all items encountered during construction, whether in view or hidden underneath the surface of the roofing system, regardless of whether shown on the Drawings. Bidders are strongly encouraged to arrange with the Owner a Site visit and /or review existing plans of the facility. B. All other Work and costs of this Section shall be incidental to the Project and included in the Lump Sum Bid. END OF SECTION SELECTIVE DEMOLITION © 2010 Bonestroo ( 000034 - 10228 -0 0241 19-5 • 1 1 1 / PART 1 GENERAL 1.01 DESCRIPTION A. Furnish and install all metal fabrications. 1.02 REFERENCES A. American Society for Testing Materials (ASTM): 1. A6 — Standard Specification for General Requirements for Rolled Structural Steel Bars, Plates, Shapes and Sheet Piling. 2. A36 — Standard Specification for Carbon Structural Steel. 3. A53 — Standard Specification for Pipe, Steel, Black and Hot - Dipped, Zinc - Coated, Welded and Seamless. 4. A108 — Standard Specification for Steel Bar, Carbon and Alloy, Cold- Finished. 5. Al23 — Standard Specification for Zinc (Hot -Dip Galvanized) Coatings on Iron and Steel Products. 6. A153 — Standard Specification for Zinc (Hot -Dip Galvanized) Coatings on Iron and Steel Hardware. 7. A167 — Standard Specification for Stainless and Heat - Resisting Chromium - Nickel Steel Plate, Sheet and Strip. 8. A276 — Standard Specification for Stainless Steel Bars and Shapes. 9. A307 — Standard Specification for Carbon Steel Bolts and Studs, 60 ksi Tensile Strength. 10. A325 — Standard Specification for Structural Bolts, Steel, Heat Treated 120/105 ksi Minimum Tensile Strength. 11. A500 — Standard Specification for Cold- Formed Welded and Seamless Carbon Steel Structural Tubing. 12. A992 — Standard Specification for Structural Steel Shapes. 13. 8209 — Standard Specification for Aluminum and Aluminum -Alloy Sheet and Plate. 14. B308 — Standard Specification for Aluminum -Alloy 6061 -T6 Standard Structural Profiles. 15. F436 — Standard Specification for Hardened Steel Washers. B. Aluminum Association (AA): 1. Specification for Aluminum Structures. C. American Institute of Steel Construction (AISC): 1. Specification for the Design, Fabrication, and Erection of Structural Steel for Building. 1.03 SUBMITTALS A. Submittals shall conform to Section 0133 00. B. Product Data: Submit product data or manufacturer's specifications indicating compliance with requirements specified herein. C. Shop Drawings: Submit shop drawings indicating profiles, sizes, connection attachments, reinforcing, anchorage, size and type of fasteners and accessories. Indicate welded connections using standard AWS welding symbols. METAL FABRICATIONS © 2010 Bonestroo ( 000034 - 10228 -0 055000-1 D. Submit Structural Calculations for the Aluminum Truss Support for FRP Pipe and bearing connections. Calculations shall be performed by a Licensed Professional Engineer registered in the State of Minnesota prior to fabrication of Aluminum Truss Support and bearing connections. 1.04 PRODUCT HANDLING A. Store materials to permit easy access for inspection and identification. Materials shall all be properly marked to identify the structure for which it is intended. Markings shall correspond to markings indicated on the shop drawings. B. Keep steel members off the ground using pallets, platforms, or other supports. Protect steel members and packaged materials from corrosion and deterioration. PART 2 PRODUCTS 2.01 STEEL MATERIALS A. Structural Steel Wide Flange Shapes: ASTM A992, unless otherwise indicated on the Drawings. B. Structural Steel Channels, Angles, Plate, Bars, S- and M- Shapes: ASTM A36. C. Hollow Structural Sections: ASTM A500, Grade B. D. Steel Pipe: ASTM A53, Grade B, Schedule 40, unless otherwise indicated on the Drawings. E. Anchor Bolts, Nuts, and Washers: Where bolts are anchored into concrete ASTM A307, hot dipped galvanized. F. Bolts, Nuts, and Washers Connecting Steel to Steel: ASTM A325, 3/4 inch diameter, unless noted otherwise. Washers shall conform to ASTM F436. G. Welding Electrodes and Fluxes: Conform to AWS D1.1. H. Headed Stud -Type Shear Connectors: ASTM A108, Grade 1015 or 1020, cold finish carbon steel with dimensions complying with AISC specifications. I. Shop Paint: Conform to Steel Structures Painting Council Paint Specification No. 13. 2.02 STAINLESS STEEL A. Shapes, Bars, and Rods: ASTM A276, Type 316 or 316L. B. Sheets, Strips, and Plates: ASTM A167, Type 316 or 316L. C. Type 316L stainless steel shall be used for welded construction. 2.03 ALUMINUM MATERIAL A. Aluminum Shapes: ASTM B308, Alloy 6061 -T6. B. Aluminum Sheet and Plates: ASTM B209, Alloy 6061 -T6. C. Bolts, Nuts, and Washers: 300 Series stainless steel. METAL FABRICATIONS © 2010 Bonestroo 1000034-10228-0 055000-2 D. Welding: Conform to AA Specification for Aluminum Structures. 2.04 CAST IRON MATERIALS A. Cast iron shall comply with the requirements of the latest Standard Specification for Cast Iron Pipe and Special Castings of the American Society of Testing Materials. A. Non - shrink grout shall be a ready to use, non - shrink, non - metallic aggregate product requiring only the addition of water at the Site. B. Non - shrink grout shall meet the requirements of Corps of Engineers Specification CRD -C -621. 2.06 ANCHORS A. Expansion anchors for fastening to cast -in -place concrete shall be Hilti Type 316 Stainless Steel Kwik Bolts, or approved equal. Size as shown on Drawings. B. Sleeve anchors for fastening to cast -in -place concrete and solid grouted masonry shall be Hilti Sleeve Anchors, or approved equal. Size as shown on Drawings. C. Adhesive anchors for fastening to masonry shall be Hilti Standard HIT Anchor, or approved equal. Size as shown on Drawings. 2.07 FABRICATION A. Verify dimensions on Site prior to shop fabrication. B. Fabricate items with joints neatly fitting and properly secured. All tolerances for built -up and rolled shapes shall meet or exceed ASTM A6. C. Use only materials which are smooth and free of surface blemishes, including pitting, seam marks, roller marks, rolled grade names, and roughness. Remove blemishes by grinding, or by welding and grinding prior to cleaning, treating, and application of surface finishes. D. Shop fabricate and assemble in shop to greatest extent possible. Sections shall be full length pieces between connections or splices. E. Grind exposed welds smooth and flush with adjacent finished surfaces. F. Supply components required for proper anchorage of metal fabrications. Fabricate anchorage and related components of same material and finish as metal fabrication, unless otherwise specified in schedule herein. 2.08 SHOP PAINTING A. Shop paint all steel fabrications. B. Surface Preparation: After inspection and before shipping, clean steel to be painted. Remove loose rust, loose mill scale and spatter, slag or flux deposits. Clean steel in accordance with Steel Structures Painting Council Surface Preparation Specification No. 2 - Hand Tool Cleaning. METAL FABRICATIONS © 2010 Bonestroo 1000034-10228-0 055000-3 C. Shop Paint: Immediately after surface preparation, apply shop paint in accordance with manufacturer's instructions at a rate to provide a uniform dry film thickness of 1.5 mils minimum. Maintain minimum coverage at joints, corners, edges, and exposed surfaces. D. In special areas indicated in Section 09 9100 use primer compatible with painting systems used. 2.09 GALVANIZING A. Galvanize structural shapes, plates, and bars in accordance with ASTM Al23. B. Galvanize hardware and miscellaneous items in accordance with ASTM A153. C. All anchor bolts shall be galvanized, unless noted. 2.10. GALVANIZING COATING PAINT A. Wash Primer: Vinyl butyral acid. B. Primer: Converted epoxy, epoxy phenolic, or urethane type, minimum 14- pounds metallic zinc content per gallon. C. Apply in strict accordance with manufacturer's specifications. PART 3 EXECUTION 3.01 ERECTION A. Install items square and level, accurately fitting, and free from distortion or defects. Shim and grout as necessary. B. Make provision for erection stresses by temporary bracing. Keep work in alignment. C. Replace items damaged in course of installation. D. Perform held welding in accordance with AWS D1.1. E. A325 Bolts: Tighten bolts and provide washers in accordance with "Specifications for Structural Joints" for ASTM A325 bolts. F. Aluminum surfaces in contact with or embedded in concrete shall be coated with 2 coats of bituminous paint. 3.02 TOUCH -UP PAINTING AND CLEAN -UP A. After installation, clean and touch up field welds, bolt connections, and scratched and damaged prime painted surfaces. Use a primer consistent with shop coat. B. Repair damaged or scratched galvanized coatings. Solvent clean damaged area with a wash primer, 1 coat, 4 -mil dry film thickness. Clean by hand tool, power tool, or brush off blast. Apply 3 coats of organic zinc paint with a minimum dry film thickness of 3 mils per coat. METAL FABRICATIONS © 2010 Bonestroo 1000034-10228-0 055000-4 3.03 SCHEDULE OF ITEMS A. Supply and install metals indicated on the Drawings and listed herein complete with accessories, anchorages and attachments necessary for complete installation. B. Framing, Supports, and Lintels: 1. Provide framing members, supports, lintels, and required connections as shown on the Drawings. 2. Fabricate steel to sizes, shapes, and profiles shown. Unless otherwise indicated, fabricate steel shapes, plates, and steel bars of welded construction using mitered joints for field connection. Cut, drill, and tap units to receive hardware and similar items. 3. Loose angle lintels and lintel beams shall be detailed for a minimum bearing of 8 inches, unless otherwise indicated. 3.04 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Bid. METAL FABRICATIONS © 2010 Bonestroo 1000034-10228-0 055000-5 PART 1 GENERAL 1.01 DESCRIPTION A. Work under this Section Includes: 1. Dimension /framing lumber. 2. Bracing, blocking, sills, nailers and miscellaneous components. 3. Wall, floor and roof sheathing. 4. Rough framing connection and anchorage hardware. 5. Related accessories and miscellaneous materials. 1.02 REFERENCES A. American Society of Testing Materials (ASTM): 1. A307 — Specification for Carbon Steel Bolts and Studs. 2. D226 — Specification for Asphalt- Saturated Organic Felt Used in Roofing and Waterproofing. 1.03 SUBMITTALS A. Submittals shall conform to Section 0133 00. B. Product Data: Manufacturer's specifications and technical data, including the following: 1. Detailed specification of construction and fabrication. 2. Manufacturer's installation instructions. C. Shop Drawings: Show dimensioned layout, materials provided, connection details, etc. D. Samples: Submit as requested by the Architect/ Engineer, 1.04 QUALITY ASSURANCE A. Lumber Standards: Conforming to Voluntary Product Standard PS20. Mark material with official grade mark of specified agency. Grading rules of the following agencies apply: 1. West Coast Lumber Inspection Bureau (WCLIB). 2. Western Wood Products Association (WWPA). 3. Southern Pine Inspection Bureau (SPIB). 4. Redwood Inspection Service (RIS). B. Plywood Standards: Conforming to Voluntary Product Standard PS1 and identified with appropriate grade and trademark of American Plywood Association (APA). Mark material with official grade mark of specified agency. C. Lumber Certification: Identified with grade stamp of an agency certified by National Forest Product Association (NFPA): 1. Dimensional Work: Conform to NFPA "National Design Specifications for Stress -Grade Lumber and Its Fastenings." ROUGH CARPENTRY © 2010 Bonestroo 1000034-10228-0 061000-1 1.05 DELIVERY, STORAGE, AND HANDLING A. Storage and Protection: Comply with manufacturer's recommendations: 1. Store lumber and plywood not less than 6 inches above ground on framework of blocking, and cover with protective waterproof covering providing for adequate air circulation or ventilation. 2. Protect corners of sheet materials from damage while handling. 3. Fire Retardant Materials: Comply with treatment manufacturer's requirements. PART 2 PRODUCTS 2.01 MATERIALS A. Framing Lumber: Nominal and actual dimensions conforming to PS20, not more than 19- percent moisture content, surfaced 4 sides (S4S), unless otherwise indicated: 1. Douglas Fir, Larch, Hem -Fir: Grade WCLIB or WWPA No. 2, or better. 2. Southern Pine: Grade SPIB No. 2, or better. 3. Southern Yellow Pine: Grade SPIB No. 2, or better. 4. Mixed white woods (S -P -F): No. 2, or better. B. Exposed Blocking and Other Miscellaneous Wood Framing: 1. Construction Grade No. 1, or better, Douglas Fir - Larch, Hem -Fir, and Western Hemlock, or mixed white woods (S -P -F). 2. Where Exposed Material: Sound, straight, clean, and smooth (sand if required). C. Concealed Blocking: Standard Grade No. 2, or better, Douglas Fir - Larch, Hem -Fir, Western Hemlock, Southern Pine, or mixed white woods (S -P -F). D. Wood Furring Strips: Thickness as indicated on Drawings, or equivalent thickness to match infill material, but not less than 2 inches wide by 3/4 inch thick. 2.02 PRESERVATIVE TREATMENT A. Wood Preservative Treatment: Lumber and plywood shall be pressure impregnated with Copper -8 Quinolinolate oil -borne water repellent fungicide by Hoover Treated Wood Products, Inc.: 1. Deliver treated wood with moisture content specified for untreated wood. Treat wood after cutting to shape, except cutting to length may be done in the field. 2. Treat and quality mark each piece over 1 inch by 4 inches, following AWPB standards. 3. Acceptable Manufacturers and Products: a. Hoover Treated Wood Products, Inc.: Cop -8. b. Hickson Corporation: Natural SelectT Wood. c. Osmose Wood Preservers Company of America, Inc.: Advance Guard@. B. Schedule of Preservative Treatment: 1. AWPB, LP -22 (60- percent retention), or equivalent: a. Wood set into ground or concrete. 2. AWPB, LP -2 (40- percent retention), or equivalent: a. Treat wood used in connection with roofing, flashing, and waterproofing. b. Wood in contact with concrete or masonry construction, including sills, plates, nailers, and blocking. c. Other materials indicated as "treated" on Drawings. ROUGH CARPENTRY 9 2010 Bonestroo 1000034-10228-0 061000-2 2.03 ACCESSORIES A. Rough Hardware — General: Furnish rough hardware required, including nails, screws, anchor bolts, 3-bolts, lag screws, cinch anchors, strap anchors, toggle bolts, shot anchors, and similar items: 1. Select rough hardware of proper size and type for use intended and for materials to be fastened. Furnish sufficient hardware to ensure substantial and positive anchorage. 2. Use hot dip galvanized or aluminum at exterior work. B. Nailing into wood plugs is not acceptable for any Work. Where shot anchors are used, they shall be of type and size recommended by manufacturer for conditions of use. C. Bolts: Course thread, not plated with washers and nuts. D. Anchor Bolts With Nuts and Washers: ASTM A307, 1/2 inch diameter, unless otherwise indicated, threaded 1 end with 1 -1/2 inch right angle bend opposite end. Determine bolt length by the following embedment requirements: 1. Not less than 7 -inch embedment into concrete or horizontal masonry joints. 2. Not less than 15 -inch embedment into vertical masonry joints. E. Expansion Bolts: Hilti Stainless Steel Kwik Bolts, or approved equal. Size as shown on Drawings. F. Adhesive Anchors: Heavy -duty vinylester resin adhesive anchors sized by manufacturer for specific application and substrate: 1. Acceptable manufacturers and products: a. Hilti Corp.: HIT Anchor Series. b. Comparable products by The Rawlplug Company, Inc. G. Nails: Bright finish steel for interior and galvanized steel for exterior. H. Membrane Tape: 30 mil thick rubberized asphalt and polyethylene seam tape. Apply around windows, exterior frames, louvers, etc.: 1. Width: 6 inches; a. Acceptable Manufacturer and Product. b. W. R. Grace & Co., Construction Products Division: Perm -A- Barrier wall seam tape. I. Building Paper: 15 -pound asphalt saturated felts conforming to ASTM D226 with a perm rate of 5 perms (non - perforated). 1. Construction Adhesive: Conform to APA Specification AFG -01. K. Wire Mesh: Contractor has the option to use any of the following: 1. 2 inches square, welded wire mesh, pregalvanized. Wire size 0.080 inch, McNichols Co., or similar. 2. 2 -1/2 inch square galvanized interwoven diamond wire mesh. 11 gauge. 3. 1/4 inch mesh by 23 -gauge galvanized hardware cloth, 30 inch rolls. •► A. Install all Work plumb, level, true, and square. ROUGH CARPENTRY © 2010 Bonestroo 1000034-10228-0 061000-3 B. Use appropriate nails and glue for materials to be installed. C. Do not notch, bore, or cut members for pipes, ducts, conduits, or other reasons, except as shown on the Drawings or as approved by the Engineer. D. Provide full bearing for members. Where framing members slope, cut or notch ends to give uniform bearing surface. E. Make all studs single length and unspliced. F. Frame all corners and intersecting walls with 3 or more studs. G. Apply preservative treatment at all field cuts, drilled holes, or other areas where pre- treatment has been damaged. 3.02 FASTENING A. Use common wire nails of the size and quantity specified in the Building Code, unless shown otherwise. B. Remove and replace all split wood. C. Drill bolt holes 1/16 inch larger in diameter than the bolts being used. D. Use washers under head and nut of all bolts. E. Pre -bore holes for lag screws the same diameter as the root of the thread. F. Screw all lag screws and wood screws into position. Do not drive. 3.03 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Bid. ROUGH CARPENTRY © 2010 Bonestroo 1000034-10228-0 061000-4 • PART 1 GENERAL 1.01 DESCRIPTION A. Work includes: 1. Remove existing built -up roofing system down to the existing supporting substrate. Remove all existing base (lashings, counter flashings, pitch pans, pipe flashings, and vent flashings. 2. Install new high density fiberboard over new roof insulation at those areas defined on the Drawings as requiring roofing system replacement. Fiberboard shall be mechanically fastened through the roof insulation to the existing metal roof decking as necessary to comply with I -90 wind uplift requirements. The new high density fiberboard shall be compatible with the roofing system. 1 Install a new, 4 -ply, hot mopped SBS modified bitumen roof system (MBR -1), using 3 plies of fiberglass reinforced, smooth surfaced, hot mopped SBS modified membrane, and a fiberglass reinforced, mineral surfaced hot mopped SBS modified bitumen cap sheet. 4. Applicator is SOLELY responsible for accuracy of all measurements and estimates of material, quantities, and sizes. B. Related Sections: 1. Section 06 10 00 — Rough Carpentry. 2. Section 07 62 00 — Sheet Metal Flashing and Trim. 3. Section 07 92 00 — .Joints Sealants. 1.02 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Bid. 1.03 REFERENCE STANDARDS A. American Society for Testing and Materials (ASTM): 1. D6163, Type I: Standard Specification for SBS Modified Grade G Bituminous Sheet Materials Using Fiber Glass Reinforcements. 2. C1289, Type II: Insulation Board, Faced Class 1, Grade 2 Rigid Cellular Polyisocyanurate Thermal Insulation Board. 3. D4586 -86: Asphalt Cement - Asbestos free. 4. D41: Asphalt Primer (Low VOC). B. Federal Standards: HH- I- 1972/3 Polyisocyan u rate high thermal insulation board, faced on both sides of insulation. C. Factory Mutual Engineering Corp.: Class I, Wind Rating, IA -90 Approval, as determined in accordance with FMRC Standard 4470, 1.04 QUALITY ASSURANCE A. Installing Contractor: Company with a minimum of 5 years documented experience and approved by submitted materials manufacturer for a minimum of 5 years in good standing. MODIFIED BITUMEN ROOFING SYSTEM © 2010 Bonestroo 1000034-10228-0 0755 13 -1 1.05 PRE - ROOFING CONFERENCE A. After Contract award, hold roofing pre - construction conference at the Site not more than 1 week prior to beginning roofing. B. Attendance Is Mandatory For: Roofing contractor, roofing foreman, roofing manufacturer's representative and Owner's representative, mechanical subcontractor, sheet metal subcontractor, plumber, electrician, and anyone else responsible for items penetrating or in contact with roof. C. Agenda: 1. Review in detail Owner's Specifications, Roof Drawings, and all roof and flashing details. 2. If a manufacturer's specification is used, review and resolve all deviations or differences from the Owner's Specifications. 3. Review and understand Factory Mutual requirements and resolve all conflicts between FM or UL Specifications and the Owner's /Manufacturer's Specifications. 4. Review Roof Drawings for slope, deck type, drainage, membrane attachment, expansion joints, flashing, and details. Resolve all conflicts between what is considered good roofing practice and the Specifications. 5. Review proposed roofing system and recommended work practices for its installation. 6. Study all Drawings to determine whether different roof areas have different requirements. 7. Designate which areas on Site will be available for use as storage and working areas. 8. Review procedures to be followed to provide proper protection of roof system during and after construction of roof. 1.06 SUBMITTALS A. Manufacturers recommended methods of installation and data to demonstrate compliance with specified requirements: 1. 3 sets of samples and data sheets for all products. 2. Certified Applicator letter from an approved manufacturer that the Contractor has been approved in good standing for no less than 5 years. 1.07 DELIVERY, STORAGE, AND HANDLING A. Store materials in a cool, dry place. B. Store roll materials on end on clean, dry, raised surface. C. Place insulation on raised surfaces and protect with waterproof tarpaulins with sufficient air circulation to prevent condensation. D. Do not install wet insulation. E. Store solvents, emulsions, and coatings in a cool, dry area between 45 and 100 degrees F. F. Handle roll materials to prevent damaged ends. G. Allow no unlabeled materials on Site. 1.08 PR03ECT CONDITIONS A. Do not apply roofing membrane during inclement weather without proper weather protection. MODIFIED BITUMEN ROOFING SYSTEM © 2010 Bonestroo 1000034-10228-0 0755 13 -2 B. Do not apply roofing membrane to damp or frozen deck surface. C. Do not expose materials vulnerable to water or sun damage in quantities greater than can be weatherproofed during same day D. Protect finished surfaces of building from damage by installation of roofing system. E. Protect completed roofing and flashings from damage by subsequent roofing installation and construction traffic. F. In event of damage, immediately make all repairs and replacements required by Owner. G. Comply with all applicable code, fire and safety regulations. 1.09 SUBSTITUTION A. When a particular make or trade name is specified, it shall indicate the standard required. 1.10 GUARANTEE A. Manufacturer's guarantee includes materials, workmanship, and installation to maintain roof in a watertight condition. B. Provide single source, single responsibility guarantee which covers membrane, new insulation, fasteners, bituminous flashing, walkways, and expansion joint covers. C. Provide Manufacturer's 20 Year No Dollar Limit Guarantee for the MBR -1 System. Guarantee to run from date of Final Completion /Acceptance by Owner. PART 2 PRODUCTS 2.01 APPROVED MANUFACTURERS A. MBR -1: Johns Manville 4CID /4FID /4PID. B. Comparable products from: 1. GAF. 2. Firestone. 3. Celotex. 2.02 MATERIALS A. Fiberboard: 1. 1/2 inch thick high density fiberboard compatible with roofing system and secured to the existing metal roof decking through the roof insulation in a manner complying with I -90 wind uplift requirements. B. Insulation: 1. Factory Mutual Class I, Polyisocyanurate Foam Board faced with universal fiber glass reinforced facer on both sides of foam. Insulation shall comply with ASTM C -1289, Type II, Class 1, Grade 2 and Federal Specification HH- I- 1972/3: a. Johns Manville E'NRG'Y 3 Polyisocya n u rate Roof Insulation. Minimum insulation thickness at roof scuppers shall be 2 -1/2 inches. MODIFIED BITUMEN ROOFING SYSTEM © 2010 Bonestroo ( 000034 - 10228 -0 0755 13-3 C. Insulation Fasteners: 1. Screws and metal plates shall be tested and approved by Factory Mutual in accordance with their Standard 4470 and listed in the current FM Approval Guide as such: a. Johns Manville UltraFast Fasteners. D. Tapered Insulation: 1. Factory Tapered Polyisocya nu rate Board, conforming to ASTM C1289. 2. Johns Manville ENRGY 3 Tapered Polyisocyanurate Roof Insulation. MBR -1 Membrane Roofing: 1. Cover new specified insulation with a 4 ply hot mopped modified bitumen roofing system. Roof system will consist of 3 layers of a fiberglass reinforced, hot mopped SBS modified bitumen base membrane, and 1 layer of fiberglass reinforced, SBS modified bitumen mineral surface membrane designed for hot mopped roof systems. Surfacing shall be white granules. 2. Modified Base: A smooth, self- adhering, SBS modified bitumen membrane with a fiber glass reinforcement. Thickness shall be 0.070 inch (1.8 mm) minimum. Weight shall be 40 lbs. per 100 sq. ft. minimum. 3. Modified Cap Sheet: A fiberglass reinforced, SBS modified bitumen, mineral surfaced membrane. SBS modified bitumen membrane shall be designed for self- adhered roof systems and manufactured with a surfacing of white granules. Surface membrane must be a F.M. tested membrane meeting Class A requirements when installed in the specified system. Thickness shall be minimum, 150 mils. (3.8 mm) Thick, 100 lbs. per 100 sq. ft. meeting the criteria for ASTM D6163, Type I, Grade G: F. SBS Modified Base Flashing: 1. First layer of base flashing consisting of a smooth, hot mopped, SBS modified bitumen membrane with fiberglass reinforcement. Thickness shall be 0.070 inch (1.8 mm) minimum. Weight shall be 40 lbs. per 100 sq. ft. minimum. 2. Second layer of base flashing consisting of a granulated, fiberglass reinforced, SBS modified bitumen, surface membrane. SBS modified bitumen membrane shall be designed for hot mopped roof systems and manufactured with a surfacing of white granules. Surface membrane must be a F.M. tested membrane meeting Class A requirements when installed in the specified system. Thickness shall be minimum, 150 mils. (3.8 mm) thick, 100 lbs. per 100 sq. ft. meeting the criteria for ASTM D6163, Type I, Grade G. G. Stripping at Gravel Stops and Metal Flanges: 1. All metal must be cleaned, primed, and set onto the base sheet. 2. 1 layer self- adhering SBS Modified base felt installed over primed metal flange, set on field base plies, prior to surface membrane. 3. Cover this 1 ply strip -in with the main SBS Modified roofing membrane sheet per manufacturer's requirements. H. Cant Strip: 1. Perlite cant strip. 2. Johns Manville FesCant Plus. I. All other materials not specifically described, but required for a complete and proper installation of roofing, shall be selected by approved manufacturer and subject to approval of Owner. MODIFIED BITUMEN ROOFING SYSTEM © 2010 Bonestroo 1000034-10228-0 075513-4 PART 3 EXECUTION 3.01 PREPARATION A. Surface Preparation: 1. Install miscellaneous blocking, cants, nailing strips, framing, and sheathing members true, plumb, and level as required for installation of roofing system. Construct members of continuous pieces of longest possible lengths. 2. Mechanical units, curbs, roof penetrations, and all other items in contact with the roof system shall have 18 inches of separation from each other, walls and out of waterways, and have a minimum height of 8 inches above the finished surface of the roof system. All work shall conform to applicable Building Codes. 3.02 INSULATION INSTALLATION A. Base Layer: Starting at the low edge of the roof, mechanically attach 2 layers of polyisocya n u rate insulation using fasteners at the prescribed rate to achieve the FM IA -90 Wind Uplift resistance. Use additional fasteners at perimeters and corners as prescribed by Factory Mutual. Fasteners shall be no closer than 6 inches to the board edge. B. Install boards with long joints continuous and running in a direction parallel to the decking. Short joints should be staggered. Joints should be butted tightly. C. Tapered Cricket Insulation: System should be installed as required to provide positive drainage at all roof areas. Starting at the drain sumps, install pre- formed tapered polyisocya n u rate insulation per manufacturer requirements. Panels should be installed with joints butted tightly. Tapered edge strips should be installed at cricket perimeter to provide smooth transition for the membrane assembly. D. Apply no more insulation than can be completely covered with the herein specified SBS roof system on the same day. 3.03 MEMBRANE INSTALLATION A. On roof decks with slopes up to 1/2 inch per foot (41.6 mm /m), the roofing felts and modified bitumen sheets may be installed either perpendicular or parallel to the roof incline. B. Roll a 12 inch (305 mm) wide piece of one of the intermediate felts listed into a full mopping of asphalt. Over that, apply one 24 inch (610 mm) wide. Over both, apply a full width piece. The remaining felts are to be applied full width, overlapping the preceding felts by 242/3 inch (627 mm), so that at least 3 plies of felt cover the substrate at all locations. C. Apply a full width piece of one of the cap sheets listed into a full mopping of asphalt. Subsequent sheets are to be applied in the same manner, with 4 inch (102 mm) side and end laps over the preceding sheets (6 inch [152 mm] end laps for DynaLastic products). D. Apply all felts so that they are firmly and uniformly set, without voids, into the hot asphalt. Asphalt temperature should be at the Equiviscous Temperature (EVT), t 25 degrees F (t 14 degree C), at the point of application. All felt edges shall be well sealed. The asphalt shall be applied just before the felt, at a nominal rate of 23 lbs. per square (1.1 kg /m2). When applying over insulations, more than 23 lbs. per square (1.1 kg /m2) of asphalt may be needed due to the absorbency of the insulation. For modified bitumen sheets, the asphalt temperature shall be at a minimum of MODIFIED BITUMEN ROOFING SYSTEM © 2010 Bonestroo 1000034-10228-0 0755 13-5 400 degrees F (204 degrees C), or at the EVT, whichever is higher, when the sheet is set into it. This higher temperature maximizes the bonding of the modified bitumen sheet. 3.04 FLASHING INSTALLATION A. Remove all existing base flashing materials. Preparation: Inspect walls, curb heights, counter flashings, etc., and check for conformance with minimum base flashing height of 8 inches. Bring non - conforming areas to the attention of the Owner's Representative for correction. B. Primer: Prime all masonry, metal, or concrete surfaces from the top of the roof membrane to the termination of the flashing level with asphalt primer at the rate of 1 gallon per 100 square feet or as recommended by the manufacturer. Allow the primer to dry thoroughly. C. Install 2 layers of hot mopped modified base flashing at all intersections formed by vertical surfaces and wherever curbed roof openings, wall parapets, or other structures join or penetrate the roof substrate surface. D. Install all flashing in accordance with roofing manufacturer's specification. E. Membrane Flashings at Metal Flanges (gravel stops, vents, etc): All flange type flashings, such as gravel stops and vents, shall be primed and securely nailed 3 inches on center in a staggered pattern. The flange shall then be stripped in with 1 ply of hot mopped SBS modified base membrane prior to application of the surface membrane. F. All lead flange type (lashings (at drains and lead stacks) shall be primed and the flange shall then be stripped in with 1 ply of hot mopped SBS modified base membrane prior to application of the surface membrane. G. Seal the juncture of all lead flashings for roof penetrations by applying a 1/2 inch bead of MBR Utility Cement. 3.05 PROTECTION OF PROPERTY A. Protective Coverings: 1. Install protective coverings at paving and building walls prior to starting the work. 2. Lap protective coverings at least 6 inches, secure against wind, and vent to prevent collection of moisture on covered surfaces. 3. Keep protective coverings in place for the duration of roofing work. B. Special Protection: 1. Provide approved special protection as necessary and prevent heavy traffic by other trades on completed work at all times. 3.06 INSPECTIONS A. Authorized representative of manufacturer supplying the roofing system shall perform a Final Inspection in the presence of the Owner's representative and provide written confirmation. MODIFIED BITUMEN ROOFING SYSTEM © 2010 Bonestroo 1000034-10228-0 075S 13 -6 SHEET METAL FLASHING AND TRIM PART1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Sheet metal flashing and trim. B. Related Sections: 1. Section 06 10 00 — Rough Carpentry. 1.02 QUALITY ASSURANCE A. Install flashing according to standards nfthe National Roofing Contractors Association (NRCA) B. References on the Drawings toNRCA details refer to "The NRCA Construction Details"published bv the NR{A. C. Sheet Metal and Air Conditioning Contractors National Association, Inc. 'Architedurd| Sheet Metal Manuo|(5MACNA). 1J03 SUBMITTALS A. Shoo : Show size and configuration of all items. B. Literature: Manufacturer's data and samples of standard color selection. C. Samples: Actual samples of all the manufacturers' standard colors. 1.04 GUARANTEE A. Guarantee materials and workmanship for 2 years as being watertight. B. Guarantee against color fade for 2Oyears. PART 2 PRODUCTS 2.01 APPROVED MANUFACTURERS A. Peterson Aluminum Corporation: PAC-CLAD. B. Copper Sales, Inc.: UNA-CLAD. C. Berridge Industries, Inc. SHEET METAL FLASHING AND TRIM @2OIO ennestmo 1000034-10228-0 070200'1 WO AP 0 u 00 1.1 mlt A. Aluminum Sheet: ASTM 8209, alloy as standard with manufacturer for finish required, with temper as required to suit forming operations and performance required: 1. Thickness: 0.040 inch. 2. Exposed Coil- Coated Finishes: a. 3 -Coat Fluoropolymer: AAMA 620. Fluoropolymer finish containing not less than 70- percent PVDF resin by weight in both color coat and clear topcoat. b. Color: Match existing sheet metal flashing and trim. 2 colors required. 2.03 MECHANICAL FASTENERS A. All mechanical fasteners shall be of non - corroding material. All exposed fasteners shall match color of adjacent finished materials. 2.04 SEALANTS A. Metal manufacturer's recommended elastomeric sealant or mastic. Exposed sealant color shall match metal color. ►"[i A :' * A. Metal Coping System: 1. Provide complete cap flashing system, including riveted mitered corners, field - applied sealant, neoprene spacers, concealed splice plates, and continuous galvanized hook strips. 2. System shall conform to dimensions shown on the Drawings. 3. Blocking to support metal coping system shall be fire - treated wood. B. Rain Hood and Collar: 1. 22 -gauge galvanized sheet metal shop fabricated to sizes and shapes shown on Drawings. Install at hot pipes (180 degrees F or above). C. Pipe Flashing: 1. Flashing at other than hot pipes shall be molded boot furnished and installed. Boots shall be compatible with roofing system and approved by roofing system manufacturer. D. Gutters: 1. Shop- fabricated from 22 -gauge prefinished galvanized sheet metal. 2. Design: Standard profile as shown on the Drawings with 20 -gauge straps at T -0" on center. 3. Fabrication of gutter, joints, end caps, outlet tubes shall meet SMACNA requirements. E. Downspout: 1. Existing prefinished metal downspouts to remain and be protected. • 3.01 INSTALLATION A. Install all materials in accordance with the manufacturer's recommendations to provide a watertight installation. B. Shop fabricate and install using recognized sheet metal processes. SHEET METAL FLASHING AND TRIM © 2010 Bonestroo 1000034-10228-0 076200-2 C. Use color- matched touch -up paint to field- repair any scratched or damaged areas whether from shop fabrication, shipping, or field installation. Obtain touch -up paint from pre - finished sheet metal manufacturer. D. If soldering is necessary, mechanically remove pre- finished coating. E. Perform all fabrication and installation with the strippable protective film in place on pre- finished material. F. After completing installation, immediately remove strippable film. Extended exposure of strippable film to ultra violet light may damage paint coating underneath. G. All exposed fasteners shall match finished materials. Field paint if necessary under this Section with touch -up paint obtained from prefinished sheet metal manufacturer. H. Leave a 1/2 -inch joint between abutting parts for expansion at coping and install 4 inch wide cover plate. I. Seal all metal penetrations, including reglets, cover plates with sealant or mastic. J. Seal along joint between flashing and wall or roofing materials. 3.02 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Bid. SHEET METAL FLASHING AND TRIM © 2010 Bonestroo 1000034-10228-0 076200-3 JOINT SEALANTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Exterior sealants. B. Related Sections: 1. Section 07 55 13 — Modified Bitumen Roofing System. 2. Section 07 62 00 — Sheet Metal Flashing and Trim. 1.02 REFERENCES A. American Society for Testing and Materials: ASTM. 1.03 SUBMITTALS A. Shop Drawings Consistent with Section 0133 00 and Including: 1. Three 6 -inch long bead of each color of caulking to be used. 2. Three 6 -inch pieces of each size of backing material to be used. 3. Copies of manufacturer's specifications, recommendations, and installation instructions for caulking, backer rod, and accessory materials. 4. Manufacturer's published data, letter of certification, or certified test laboratory report that each material complies with requirements and is intended for application shown. 1.04 QUALITY ASSURANCE A. Applicator Qualification: Minimum 2 years of experience in applying sealants and approved by sealant manufacturer. B. Mock -Up: 1. Prepare sample application in location directed by Architect. 2. Approval of the mock -up must be obtained from Architect. 3. Accepted mock -up shall constitute standard of acceptance for remaining Work. 1.05 PRODUCT HANDLING A. Deliver materials in original, tightly sealed containers or unopened packages with manufacturer's name, labels, product identification, and lot numbers where appropriate. B. Store materials out of weather in original containers or unopened packages as recommended by manufacturer. C. The compounds shall be applied within an air temperature range of 40 degrees F to 80 degrees F to clean and dry substrate, unless manufacturer's literature and procedure allows for an exception. JOINT SEALANTS © 2010 Bonestroo 1000034-10228-0 079200-1 1.06 GUARANTEE A. Provide caulking manufacturers standard 10 -year material guarantee. B. Guarantee workmanship against leakage for 2 years. 2.01 ACCEPTABLE MANUFACTURERS - CAULKING A. Tremco, Dymeric, Sikaflex -2C NS /SL, or approved equal - General Applications. B. Mameco Vulkem 116 One -Part High Performance Elastomer - Submersion Service. C. Fire Barrier Caulk: 3M Brand. D. Colors: To be selected by Architect from manufacturer's standard colors. Colors may be different for every type of material receiving caulk. 2.02 MATERIAL A. Sealant Materials: 1. Vertical Surfaces: a. For Interior Joints Up to 2 Inches Wide: 1 -part acrylic terpolymer base type "Mono" conforming to ASTM C834. b. For Exterior Joints and Joints Larger Than 2 Inches Wide: 2 -parts polytremdyne base type " Dymeric" conforming to ASTM C92O. c. Caulking Compound for All Interior Joints Not Subject to Movement: Acrylic type which does not contain ingredients that will stain masonry or corrode metals conforming to ASTM C834. 2.03 BACKER ROD A. Material: Closed cell polyethylene ethafoam, or approved equal, compatible with sealant. Sof -rod by applied extrusion technology will be accepted for horizontal locations. B. Sized and shaped to control depth of sealant and to provide 20- percent to 50 percent compression upon insertion. 2.04 MISCELLANEOUS MATERIALS A. Joint Cleaner: Caulking manufacturer's recommended cleaner for condition encountered. B. Primer: Manufacturer's recommended primer for various substation substrates encountered. C. Bond Breaker: Pressure sensitive adhesive polyethylene tape. D. Masking Tape: Pressure sensitive adhesive paper tape. JOINT SEALANTS © 2010 Bonestroo 1000034-10228-0 079200-2 PART 3 EXECUTION 3.01 INSPECTION A. Examine joints to be caulked for construction defects which would adversely affect execution of Work. B. Ensure that masonry and concrete have cured 28 days minimum. C. Do not start work until conditions are satisfactory and construction defects have been corrected. 3.02 PREPARATION A. Wire brush, grind, sandblast, solvent wash, or prime per manufacturer's recommendations any surface containing release agents, water proofing, dust, loose mortar or latience, paint or finishes. B. Cleaning: Clean joint surfaces using joint cleaner as necessary to be free of dust, dirt, oil, grease, rust, lacquers, laitance, release agents, moisture, or other matter which might adversely affect adhesion of caulking. C. Masking: Mask areas adjacent to joints. D. Priming: Apply primer following manufacturer's instructions. 3.03 APPLICATION A. Install backer rod material in new and existing joints using blunt instrument to avoid puncturing. Do not twist backer rod while installing. Install backer rod so that joint depth is 50 percent of joint width, but a minimum of 1/4 inch deep. B. Apply caulking in new joints using pressure gun with nozzle cut to fit joint width. Make sure caulking is deposited in uniform, continuous beads without gaps or air pockets. C. Tool joints to required configuration within 10 minutes of caulking application. If masking materials are used, remove immediately after tooling. D. Verify sealant type as required in other Sections. E. Apply sealant as shown on the Drawings and on new or modified areas as follows: 1. Interior and exterior perimeter of all the windows, door frames, louvers, and other exterior wall openings. 2. Around the bottom of all interior and exterior door frames where metal abuts or contacts concrete. 3. Expansion and control joints in concrete, concrete block, and brick masonry walls. 4. Around openings in walls, ceilings, and floors at conduits, pipes, ducts, and similar items (both sides of walls, ceiling, and floors). Apply Fire Barrier caulk at all such penetrations through rated walls. 5. Around perimeter of both sides of all interior doors, windows, and borrowed light partitions. 6. Along edge of wall flashing. 7. Around perimeter of all louvers, both sides of wall, if accessible. 8. Expansion joints where concrete aprons abut exterior walls. 9. Around all joints or intersecting points where steel sleeves, steel handrail, steel structural, and steel support members extend out of or rest upon cast -in -place concrete. JOINT SEALANTS © 2010 Bonestroo 1000034-10228-0 079200-3 10. Ends of precast concrete window sills. 11. All areas where dissimilar wall materials abut or adjoin. 12. Any other places shown on the Drawings. 13. Joints between steel lintels and wall materials. F. Caulking is not to be painted. 3.04 CLEANING A. Remove excess materials adjacent to joints by mechanical means or with xylol (xylene) or mineral spirits as work progresses to eliminate evidence of spillage or damage to adjacent surfaces. Note: When using flammable solvents, avoid heat, sparks, and open flames. Always provide adequate ventilation and follow all precautions listed on solvent container label. B. Leave finished work in neat, clean condition with no evidence of spillovers onto adjacent surfaces. 3.05 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Bid. JOINT SEALANTS © 2010 Bonestroo ( 000034 - 10228 -0 079200-4 1N3M:)Vld3'd:J00'd 3E)V780-LS (nO:) ts 8 VIOS:INNIW'3dOH M3N F�<, i t-A ll Flb,: PEA . orl:� WT/ol W,�WA-�OMIDO=l r Hi 911 1 "1 FT N2 yea, m gg eg ffi AaaA (n3W Flb,: PEA . orl:� WT/ol W,�WA-�OMIDO=l N2 yea, m gg eg ffi ug a Yid. 3d0'IS 26 P HID MMA G Flb,: PEA . orl:� WT/ol W,�WA-�OMIDO=l 1N3W3DVldMl 400'd 3EMOIS (no:) NO 11 V-LOS3NNIW'3dOH M3N gH °T �9 Q A i �2 Hil I ��Ij HOP H OP i *21 CO INCH . REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works June 13, 2011 Consent Item No. By: Guy Johnson, Director By: Kirk McDonald, City Manager 6.6 Resolution approving a change order for the Public Works facility's cold storage roof replacement project (improvement project no. 882) Requested action Staff is recommending that the Council approve a change order to the contract with Excel Roofing Inc., for additional work that was necessary to complete the installation of a new roof on the Public Works facility's cold storage roof. Background The 2010 CIP included replacement of the roofing over the Public Works cold storage area. The existing roof was the original from 1991, when the cold storage addition was added to the Public Works facility. Due to some minor leaks over the last couple of years, staff had a structural engineer review the condition of the roof. Staff and the structural engineer recommended that the existing roof be replaced prior to anymore leaks possibly causing damage to the metal roof decking below. On November 8, 2010, Council awarded a contract to Excel Roofing Inc. to replace the roof above the cold storage area of the Public Works facility. A change order was necessary to make revisions to the roof's existing parapet wall. The parapet wall runs the length of the cold storage roof and separates the 1991 cold storage addition's roof from the facility's parking garage roof. During removal of the old cold storage roof along the parapet wall, it became apparent that the parapet wall needed an additional nailer and insulation installed. Funding The original amount of the contract for the cold storage roof project was $85,500. The amount of the change order for the additional work is $1,408. The revised contract amount including the change order is $86,908. The city's 2010 CIP had $120,000 budgeted for this project. Funding is through the equipment replacement fund. Attachments The engineer's recommendation, the c hap e order, and the resolution are attached. And R ' ' SECOND BY TO: j:tU - Av , uDvvorKS\ZU11 usaz cova z5torage moot rtepiacement change order CITY OF NEW HOPE Resolution No. 11 -88 Resolution approving a change order for the Public Works facility's cold storage roof replacement project (improvement project 882) WHEREAS, the city has entered into a contract with Excel Roofing Inc., for replacement of the Public Works facility's cold storage roof; and, WHEREAS, during the course of construction, modifications to the approved plans and specifications were needed to address necessary repairs to the cold storage roof's parapet wall; and, WHEREAS, the city engineer and staff have reviewed the costs submitted by Excel Roofing Inc., and find the cost for the additional work to be appropriate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council hereby approves the change order in the amount of $1,408. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 13th day of June, 2011. Attest: City Clerk Mayor � t i NEW R -13 INSULATIl M 0 • • ' Bil l- minum NEW HOPE, MINNESOTA COLD STORAGE ROOF REPLACEMENT n g• « J O INT • a` i • •' STRIPS T B E . M ODIFIED AS S HO WN MBR 1 • i i nT June 17, 2011 Mr. Shawn Luther Excel Roofing, Inc. 700 Bunker Lake Blvd. Anoka, MN 55303 Subject: Change Order No.1 for Project No. 882 At its meeting of June 13, 2011, the New Hope City Council authorized change order no. 1 for $1,408. This brings the revised contract amount to $86,908. Enclosed are signed change order documents. Please forward one copy to your bonding company. Sincerely, ,f r Valerie Leone, CMC City Clerk Enc. cc: Jason Quisberg, city engineer Guy Johnson, director of public works i 4401 Xylon Avenue North 4 New Hope, Minnesota 55428 -4898 4 www. ci.new- hope.mn.us City Hall: 763- 531 -5100 4 Police (non - emergency): 763- 531 -5170 4 Public Works: 763 -592 -6777 4 TDD: 763- 531 -5109 City Hall Fax: 763- 531 -5136 4 Police Fax: 763- 531 -5174 4 Public Works Fax: 763- 592 -6776 COUNCIL clea REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works June 13, 2011 Consent Item No. By: Guy Johnson, Director By: Kirk McDonald, City Manager 6.7 Resolution accepting the Public Works facility's cold storage roof replacement project and approving the final payment request to Excel Roofing Inc. for $4,345.40 (improvement project no. 882) Requested Action Staff is recommending that Council pass a resolution to accept the Public Works facility's cold storage roof replacement, improvement project 882, and authorize final payment to Excel Roofing Inc. in the amount of $4,345.40. Policy /Past Practice The City Council routinely considers infrastructure improvements to extend the useful life of the infrastructure and /or improve the level of service. The city develops a five -year capital improvement program (CIP) for capital equipment, facility improvements, and infrastructure projects. Every two years the CIP is reviewed, updated, and extended two years for another five -year period. Background The 2010 CIP included replacement of the roofing over the Public Works cold storage area. The existing roof was the original from 1991 when the cold storage addition was added to the Public Works facility. Due to having some minor leaks over the last couple of years, staff had a structural engineer review the condition of the roof. Staff and the structural engineer recommended that the existing roof be replaced prior to anymore leaks possibly causing damage to the metal roof decking below. Staff received quotes from three companies: Excel Roofing Inc. submitted a quote of $85,500; Central Roofing Company submitted a quote of $86,778; and Berwald Roofing Company submitted a quote of $92,100 for replacing the roof over the cold storage area. Staff recommended awarding the contract to the low quote from Excel Roofing Inc. MOTION BY ,,�, �d�. SECOND BY TO: I:RFA \ Pubworks \ 2011 \ 882 PW Cold Storage Roof Replacement Final Request for Action June 13, 2011 Page 2 Funding The original amount of the contract for the cold storage roof project was $85,500. There was a change order in the amount of $1,408 for some additional work to the cold storage roof's parapet. The revised contract amount, including the change order, is $86,908. The city previously made a partial payment of $82,562.60. The final payment, including the change order, is $4,345.40. The city's 2010 CIP had $120,000 budgeted for this project. Funding is through the equipment replacement fund. Attachments Attached are copies of the resolution, the engineer's memorandum recommending acceptance and the final pay request. City of New Hope Resolution No. 11- 89 Resolution accepting the Public Works facility's cold storage roof replacement project and approving the final payment request to Excel Roofing Inc. for $4,345.40 (improvement project 882) WHEREAS, the city entered into a contract with Excel Roofing Inc. for replacement of the cold storage roof at the Public Works facility; and, WHEREAS, staff is recommending that the Council adopt a resolution to approve final payment to Excel Roofing Inc. in the amount of $4,345.40; and, WHEREAS, the city engineer and the building official have reported that all work has been satisfactorily completed and recommend that final payment be made to Excel Roofing Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council approves the final payment to Excel Roofing Inc. 2. That the city manager is hereby directed to authorize the final payment of $4,345.40 to Excel Roofing Inc. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 13th day of June, 2011. Mayor Attest: - City Clerk 2335 Highway 36 W St. Paul, MN 55113 Tel 651- 636 -4600 Fax 651 - 636 -1311 www.bonestroo.com May 3, 2011 Mr. Paul Coone City of New Hope Public Works Building 5500 International Parkway New Hope, MN 55428 Re: Public Works Facility Cold Storage Roof Replacement Client Name: City of New Hope Client Project No.: 882 Bonestroo Project No.: 00003410228 -0 Pay Request No 2 Final Dear Mr. Coone: S= Transmitted herewith are four (4) copies of Request for Payment No. 2 -Final for the above project. This pay request is for work completed through May 3, 2011. The work on this project has been satisfactorily completed and we recommend approval for payment for the amount of $4,345.40. Please execute the documents and distribute as follows: 1 copy City of New Hope 2copy Excel Roofing attn: Shawn Luther 1 copy Bonestroo, attn: Bruce Paulson Also attached for your files are two copies of the IC -134 Withholding Affidavit for Contractors, Final Waiver and Release of Lien Claim, and warranties. Should you have any questions regarding this project, please feel free to call me at 651- 604 -4849. Sincerely, Bruce Paulson, AIA Attachment Bonestroo ) w er: City of New Hope, 4401 Xylon Avenue N, New Hope, MN, 55428 -4898 Date: May 3, 2011 or Period: 12/21/2010 to 12/31/2010 Request No: 2 AND FINAL ;ontractor: Excel R6ofin9 700 Bunker Lake Blvd, Anoka, MN, 55303 CONTRACTOR'S REQUEST FOR PAYMENT PUBLIC WORKS FACILITY COLD STORAGE ROOF REPLACEMENT BONESTROO FILE NO. 000034- 10228 -0 CITY PROJECT NO. 882 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% 9 Subtotal 10 Less Amount Paid Previously it Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. Recommended for Approval by: BONESTROO See attached for Signature Approved by Contractor: EXCEL ROOFING See attached for Signature Specified Contract Completion Date: $ 85,500.00 $ 1,408.00 $ 0.00 $ 86,908.00 $ _ 86,908.00 $ 0.00 $ 86,908.00 $ 0.00 $ 86,908.00 $ 82,562.60 $ 0.00 2 AND FINAL $ _ 4 00003410228RE02- Finai.xi8m P 03ECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 882 BONESTROO FILE NO. 000034-10228 -0 CONTRACTOR 1 11/2/2010 This change order provides for additional work. $1,408.00 4,345.40 86 908.00 2 AND FINAL 112/21/2010 12/31110 4 Revised Contract 86 908.00 Total Change Orders $1 PAYMENT SUMMARY 1 11 02 2010 12/29110 82 562.60 4,345.40 86 908.00 2 AND FINAL 112/21/2010 12/31110 4 Revised Contract 86 908.00 Material on Hand Total Payment to Date $86 Original Contract $85,500.00 Retains a Pay No. 2 AND FINAL Chan a Orders $1 Total Amount Earned $86 Revised Contract $86,908.00 00003410228 REQ2- Finaiadsm 9 0 0 g :uz �z C) 0 u GEEHIE ' q Gut 49 - 5 Z ui a. lz 0 U- z 0 L z a z Z 0 M a. 9 O O O 0 z 0' > 1 z o F - z ui U CL 0 f IJL Z 0 00 79 IL L) <6 " 'A W S p led Ri5oo � O:z u E - -. rq rvi ti L'i e Amu' ��� ah ti Rig P 0 4% W (A V C7 O .E Zvp ky 0 �3 F- co I o6 I-- Es 0 LU z I-- z m z Z 0 ' o LL U-j ui Ur z � z U tu O x LL 0 LU Oa Qj U z Z < W W ui O w S 1° qr (3 W� 0 C> C, 0 0 M a N 9 U.) o n a 0) 0R 4 too &J, to w 44 &-k 69 M 44 4 44 6 64 64 U) w bol. 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This will be your mailing label for returning the completed form. Company name Daytime phone Address d Total contrac�t City State Zip Code Amount still due G n R � L a ,o 4) a x 0 v 4 C 0 V W bA` Project number Project loc Project owner Address city State Zip code Did you have employees work on this proibct? HYes(_!TNo If no, who'did the work? a .5 Check the box that describes your involvement in the project and fill in all information requested. ❑ Sole contractor ❑ Subcontractor Name of contractor who hired you Prime contractor —If you subcontracted out any work on this project, all of your subcontractors must file their own IC134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified IC134. If you need more space, attach a separate sheet. Business name Address Owner /Officer � a I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. 1 authorize the Department of Rev- enue to disclose pertinent information relating to this project, including sending copies of this form, to the prime contractor if I am a subcontractor, and to any subcontractors if I am a prime contractor, and to the contracting agency. conu , I tors signature uua ;i _ •5 ��vf.�� � r' �S ,�. rt,� . � -" e^ � '��' � a�"? x"r'a �r V"'� I � 7 �• i `°3 i :f"''r Mail to: Minnesota Revenue, Mail Station 6610, St. Paul, MW55146 -6610 Certificate of Compliance Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 270C.66 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and /or its subdivisions. Department of Revenue approval Date year work began Month /year work ended Stock No. 5000134 (Rev. 1/07) Minnesota tax ID number Month year work began Month /year work ended Stock No. 5000134 (Rev. 1/07) MINNESOTA- REVENUE Withholding Ai vi for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors. Please type or print clearly. This will be your mailing label for returning the completed form. Company nark — rk // Daytime phone Address Total contract amount city 11 State Zip Code Amount still due Project number Project location r� �-o Abl-�I ��>'Suc T-noo(f 'Vavy- A 'OW -JVi� Project owner Address City 1 11 State Zip code Ci 1 4 tii It Aug- n ) Did you have employees work on this project? E;J1as❑ No If no, who dWihe work? Check the box that describes your involvement in the project and fill in all information requested. ❑ Sole contractor Q Subcontractor ■❑ I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Rev- enue to disclose pertinent information relating to this project, including sending copies of this form, to the prime Contractor if f am a subcontractor, and to any subcontractors if 1 am a prime contractor, and to the cogytr agency. `4 Mail to: Minnesota Revenue, Mail Station 6610, St. Paul, MN 55146 -6610 Certificate of Compliance Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 2700.66 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and /or its subdivisions. Department of Revenue approval Date 1=fillf 3 Minnesota tax ID number onth /year work began i I an _ ont /year work ended 1al 6) 'c Stock No. 5000134 (Rev. 1/07) Prime contractor —If you subcontracted out any work on this project, all of your subcontractors must file their own IC134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified IC134. If you need more space, attach a separate sheet. Business name Address Owner /Officer FINAL WAIVER AND RELEASE OF LIEN AND /OR CLAIM (Conditioned Upon Payment) OWNER: GENERAL CONTRACTOR: Excel Roofing PROJECT: FOR AND IN CONSIDERATION of one dollar ($1.00) and other valuable consideration, the undersigncd does hereby WANE and RELEASE any and all liens and/or claims including, but not limited to, any lien, bond claim or claim for payment arising out of or related to the Project referenced above. THIS WAIVER AND RELEASE IS CONTINGENT UPON RECEIPT BY THE UNDERSIGNED OF PAYMENT for labor, materials, services and /or equipment in the amount (IF BLANK, THE AMOUNT SHALL BE DEEMED ZERO) Further, the undersigned agrees to indemnify the General Contractor and Owner against any claim, including, but not limited to, any lien or bond claim, asserted by or through it with respect to the Project. The undersigned understands that the General Contractor and Owner are relying on this Waiver and Release in order to make payments to parties entitled to funds for labor, services, materials and /or equipment on the Project. 1 (IF BLANK, THE RELEASE, DATE SHALL BE DATE OF EXECUTION BELOW) (SUBCONIRA.CTUtvaU, L TITLE: DATE: