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IP #902Leone Valerie From: Coulter, Mike [mcoulter@lmc.org] Sent: Monday, March 19, 2012 4:10 PM To: Leone Valerie Subject: RE: Lindstrom's Invoice Valerie yes the repairs will be covered for the bid, plus a minor increase in the bid for a code issue. Once, I receive a signed contract, the monies can be requested. Have a great week. Please advise if further questions. Mike Coulter - Claims Adjuster Tel: (612-849-3001) 1 Fax: (651-281-1297) mcoulter@Imc.org I http://www.imc.ora/ League of Minnesota Cities 145 University Ave. West, St. Paul, Mn.55103 Connecting & Innovation since 1913 From: Leone Valerie [vleone@ci.new-hope.mn.us] Sent: Monday, March 19, 2012 4:07 PM To: Coulter, Mike; Coone Paul Subject: RE: Lindstrom's Invoice Mike, I know this was for the mold remediation. Will the construction part also be covered by insurance? Valerie Leone, City Clerk City of New Hope (763)533-5117 vleone@ci.new-hope.mn.us From: Coulter, Mike .[mailto:mcoulter@Imc.oral Sent: Monday, March 19, 2012 4:04 PM To: Coone Paul; Leone Valerie Subject: RE: Lindstrom's Invoice Good afternoon. I have a copy and have made advance payment to reflect the deductible. You may keep the invoice for your file. Mike Coulter - Claims Adjuster Tel: (612-849-3001) 1 Fax: (651-281-1297) mcoulter@Imc.org i http:l/www.imc.org/ League of Minnesota Cities 145 University Ave. West, St. Paul, Mn.55103 Connecting & Innovation since 1913 From: Coone Paul [pcoone@cl.new-hope.mn.us] Sent: Monday, March 19, 2012 1:48 PM To: Leone Valerie; Coulter, Mike Subject: Lindstrom's Invoice Attached is a copy of Lindstrom's invoice. Please let me know if you have any questions Paul Coone City of New Hope Public Works Operations Manager (763) 592-6772 -----Original Message ----- From: M3035[mailto:M3035@ci.new-hope.mn_us� Sent: Monday, March 19, 2012 1:20 PM To: Coone Paul Subject: Please open the attached document. This document was digitally sent to you using an HP Digital Sending device. CLEANING & CONSTRUCTION. INC, Customer CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MN 55428-4843 4621 Funtn Avory North • Plymouth, WIN 55441 Phone: (763) 544-8761 • Fax: (76,9) 544-8766 www.frereroir,corn to t," STM. Invoice Number. 0065523 -IN Invoice bate: 2129/2012 Customer Number: L082965 Salesperson: 4011 Customer P.O. Terns NO TERMS Item Number Tax Class Ordered Amount ' REMEDIATION SERVICES TX 1 $ 34.99608 R CE11�rn to `1.a loll o.._ LL „ r) '*"NET DUE UPON RECEIPT, Net Invoice: $ 34,996.08 Sales Tax: S 0.00 Invoice Total: $ 34,996.08 Toll Free: P11ore (877) 544-8761 a Fax (677) 544-2226 tIC:, #'4. WIN BC001©87 WI %1187 FL (=1504130 !A 44W BuiklhQ Cun..tnu,hott Lz 0 grim R CE11�rn to `1.a loll o.._ LL „ r) '*"NET DUE UPON RECEIPT, Net Invoice: $ 34,996.08 Sales Tax: S 0.00 Invoice Total: $ 34,996.08 Toll Free: P11ore (877) 544-8761 a Fax (677) 544-2226 tIC:, #'4. WIN BC001©87 WI %1187 FL (=1504130 !A 44W BuiklhQ Cun..tnu,hott CLEANING & CONSTRUCTION, INC. CUSTOMER: CITY OF NEW HOPE ADDRESS: 4401 XYLON AVENUE NORTH CITY-STATE: NEW HOPE, MN 554284843 ADJUSTER_ MIKE COULTER - LEAGUE OF MN CITIES JOB SITE: 5500 INTERNATIONAL PKWY NEW HOPE, MN 55428-3606 9619 ionth Avenue Noah • i'lymoufh, MN 5544, Phone: (763) 5448761 + Fax, (763) 544-8766 www ftrerepair.curn JOB NO.. 20001 DATE: 2/2912012 TYPE OF LOSS. WATER DOL: 12/16/2011 UNIT OF DESCRIPTION MEASURE UNIT PRICE EXTENSION BILL FOR REMEDIATION SERVICES PER ESTIMATE DATED 02127/12 $ 34.996.08 TOTAL DUE $ 34,996.08 LINDSTROM CLEANING & CONSTRUCTION, INC. DENNIS WERNER DW/pg Toll Free: Phone (877; 544-8761 a Fax (877) 5442228 LIC.#'s, ISN BC001087 W1961187 FL CGC1509130 LA X44547 BtAding Conctruc:tic,r, 9621 TENTH AVENUE NORTH, PLYMOUTH, MN 55441-5098 Phone (763)544-8761.,(877)544-8761 Fax(763)544-8766 MN 0001087, FL COC 1509130, LA 44547 Building Construction Fed TIN 41-0847540 Client: City of New Nope Property: 4401 Xylon Avenue North lobsitc: 5500 International Parkway New Hope, MN 55428 Operator Info: Operator: DENNIS Estimator: Werner, Dennis Position: Sales/Estimator Company: Lindstrom Cleaning and Construction Business: 9621 l.Oth Avenue .North Plymouth. MN 55441 Type of Estimate: Mold & Water Damage Date Entered: 2/2312012 Date Assigned: Price List: MNMN7?-SEPl 1 Labor Efficiency- Restoration/SenicelRemodel Estimate: CITY -OF -NEW -HOPE Business: (763) 544-8761 9621 TENTH AVENUE )NORTH, PLYMOUTH, MN 55441-5098 Phone (763) 544-8761, (877) 544-8761 Fax (763) 544-8766 MN 0001087, FL CGC 1509130, LA 44547 Building Construction Fed TIN 41 AM7540 CITY -C Is' -NEW -HOPE Inspection Phase DESCRIPTION QNTY RE�MCVE )REPLACE TOTAL Commercial supervision - per hour 2.00 HR 0.00 66.13 132.26 Neg. air fan/Air scrub. -Large (per 24 hr 4.00 DA 0.00 122.19 488.76 period) -No monis. PLUMBING 1.00 EA 0.00 1,182.00 Equipment setup, take down, and monitoring 4.00 HR 0.00 44.84 179.36 (hourly charge) Dehumidifier (per 24 hour period) - XLarge - 4.00 EA 0;00 101.25 405.00 No monitoring General Demolition - per hour 48.00 HR 56.45 0.00 2,709.60 This was for initial demolition & inspection of drywall, lifting wallpaper. Mold was found & Remediation then started Totals: Inspection Phase 3,914.9$ Remediation Phase DESCRIPTION QxrY REMOVE REPLACE 'TOTAL Commercial supervision - per hour 10.00 HR 000 66.13 661.30 Indoor Air Quality Tests 1.00 EA 0.00 875.00 875.00 PLUMBING 1.00 EA 0.00 1,182.00 1,182.00 This is to disconnect five sinks, two urinals & two toilets HAZARDOUS ]MATERIAL l .00 EA 0.00 23,475.00 23,475.00 REMEDIATION Indoor Air Quality Tests -Post Remediation I.00 EA 0.00 875.00 875.00 Totals:: Remediation Phase 27,068 30 Central Conditions DESCRIPTION Durnpster load - Approx. 20 yards, 4 tons of debris Job -site storage container. - 2Y long - per month CITY -OF -NEW -NOPE QNTY REMOVE REPLACE? TOTAL 2.00 EA 318.21 0..00 636.42 3,00 MO 0.00 211.14 633.42 2/2712012 Page:2 LINDSTROM RES Tit MRA71M 9621 TENTH AVF—NUE NORTH, PL.YMO[JTH, MN 55441-5098 Phone (763) 544-8761, (877) 544-8761 Fax (763).544-8766 Al" -Rowdy MN 0001087, FL CGC1509130, LA 44547 Building Construction Fed TIN 41-0847540 DESCRIPTION CONTAUED - Generai Conditions QNTY 'REMOVE REPLACE TOTAI. Job -site stor. container - pick. up/del. charge 2.00 EA (each way) 0.00 1:31.78 263.56 This is for deRveay & picks up Totals; General Conditions 1,533.40 Line Item Totals. C?TY-OF-NEW-HOF 32,516.68 CITY -OF -NEW -HOPE 2/27/2012 Page:3 L11,q STROM -71ES�1 ORATION 9621 TENTH AVENUE NORTH, PLYMOUTH, MN 55441-5098 Phone (763) 5448761, (877) 544-9761 Fax (763) 544-8766 MN 0001087, FL CGC 1509130, LA 44547 Building Construction Fed TIN 41-0847540 SurnMM Line Item Total 32,516.68 Cleaning Sales Tax 7.625% x 32,515.68 2,479.40 Replacement Cost Value $34,996.0 Net Claim ,99fr_08 Werner, Dennis Sales/Estimator CITY -OF -NEW -HOPE 2/27/2012 Page:4 COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works March 26, 2012 Development & Planning Item No. By: GUY Johnson By: Kirk McDonald, City Manager 8.3 Resolution awarding a contract for $90,695 to Lindstrom Cleaning & Construction Inc. for restoration of interior rooms at the New Hope Public Works facility (project 902) Requested Action Staff is recommending that Council pass a resolution approving a contract between the city of New Hope and Lindstrom Cleaning & Construction Inc. in the amount of $90,695 for repairing the damage to walls and floors during the mold abatement process. Background In December, the toilet in the men's restroom malfunctioned and the tank overflowed causing flooding in a large area of the Public Works facility. A claims adjuster from the League of Minnesota Cities inspected the damage and found mold behind the vinyl base along the floor of some walls. The claims adjuster brought in a restoration company the first week in January to remove the sheetrock from the walls that contained mold. By mid week it became apparent that the mold was more extensive than originally anticipated and the restoration staff was replaced with a mold abatement staff. The mold abatement staff began extensive abatement procedures the second week of January. Abatement procedures were completed by mid-February. Plans and specifications were sent out to seven companies. The bid opening was February 28, with Lindstrom Cleaning & Construction Inc. being the only firm to submit a bid. The bid tab contains a base bid and four alternates. The base bid is for restoration of the facility necessary because of the mold abatement process. Alternates 1 and 2 are for removing the concrete floors and adding floor drains in the custodial room and the men's and women's restrooms. Alternate 3 is for removal of the vinyl wallpaper and prepping of the walls for painting where the sheetrock has been removed from the lower portion of the walls. MOTION BY SECOND BY TO:d -(o I:rfa \ Pubworks120121902 PW Interior Restoration Award Contract Request for Action March 26, 2012 Page 2 Alternate 4 is for installing carpet tile grids rather than a single piece of carpet in the conference room. Staff is recommending awarding the base bid along with Alternates 1 and 2; the installation of floor drains in the custodial room and the two restrooms. Had there been a floor drain in the men's restroom when the toilet malfunctioned, the drain would have helped alleviate the water damage in the rest of the facility. Due to the cost, staff is not recommending awarding Alternate 3. Also, staff does not believe there is sufficient value to justify Alternate 4 with the additional cost for installing carpet tiles in the conference room. Funding Lindstrom Cleaning & Construction Inc.'s base bid for restoration of the facility because of the mold abatement process was $74,965. Their bid to install a floor drain in the custodial room was $6,560 and $9,170 for the two restrooms. The base bid of $74,965 would be funded by the city's insurance with the League of Minnesota Cities. Funding for Alternates 1 and 2, $15,730, would be through the equipment replacement fund. Attachments A copy of the resolution, engineer's letter, and the bid tab are attached. City of New Hope Resolution No. 12- 56 Resolution awarding a contract for $90,695 to Lindstrom Cleaning & Construction Inc. for restoration of interior rooms at the New Hope Public Works facility (Project 902) WHEREAS, the city of New Hope's Public Works facility experienced water damage due to a malfunctioning toilet; and, WHEREAS, it was necessary to initiate a mold abatement process, and, WHEREAS, after completion of the mold abatement process, restoration of some interior rooms at the Public Works facility is necessary; and, WHEREAS, a representative from the city's consultant engineering firm has reviewed the project and contract terms for the work; and, WHEREAS, the quote from Lindstrom Cleaning & Construction Inc. in the amount of $90,695 for restoration of some interior rooms at the Public Works facility is the lowest responsible quote submitted; and, WHEREAS, the Council does hereby determine to proceed with restoration of the interior rooms at the Public Works facility; and, WHEREAS, funding is available in the central garage replacement reserve fund for this project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the contract for restoring interior rooms at the Public Works facility is awarded to Lindstrom Cleaning & Construction Inc.; and, 2. 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, He epin County, Minnesota, this 26th day of March 2012. Mayor Attest: City Clerk March 16, 2012 Stentec Consulting Services Inc. 2335 Highway 36 West 5t. Paul, MN 55113 Tal: (651) 636-4600 Fax: (651) 636-1311 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: New Hope Public Works Facility Office Renovation Project City Improvement Project No. 902 Project No. 193802201 Bid Results Dear Honorable Mayor and City Council: Bids were received and opened for the Pray stated above on Tuesday, February 28, 2012, at 2 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 was a total of one Bid received from Lindstrom Meaning and Construction, Inc. The following summarizes the results of the acceptable Bid received: Total Base Bid (covered by insurance): $74,965.00 The following Add Alternates were also included on the bid farm. Acceptance of any of these alternates will be paid for by the City of New Hope. Add Altemate No. Knew floor drain In Janitor 128): $6,560,00 Add Altemate No. 2 (new floor drain In Women 129 and Men 130): $9,170.00 Add Alternate No. 3 (remove vinyl wallcovering and paint walls): $10,472.00 Acid Alternate No. 4 (provide carpet file in lieu of broadloom carpet): $1,050.00 The low Bidder on the Project was Undstrom Cleaning and Construction, Inc. Their Bid has been reviewed and found to be In order. If the City Council wishes to award the Project to the low Bidder, then LlndEttnm Cleaning and Construction, Inc. should be awarded the Project on the Total Base Bid Amount of $74,965.0o. Should you have any questions, please feel free to contact me at (651) 604-4849. Respectfully, SrK,.'TEC CONSULTUG SERVICES INC. ft-3&P qi4kia- Bruce P. Paulson, AIA Project Architect Attachment: Bid Tabulation c. file StanfleC March 30, 2012 Stentec Consulting Services Inc. 2335 Highway 36 West 5t. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Mr. Charles Lindstrom Lindstrom Cleaning and Construction, Inc. 9621 10`h Ave. N. Plymouth, MN 55441 Re: City of New Hope, Minnesota Public Works Facility Office Renovation Project Project No. 193802201 Notice of Award/Contract Documents Dear Mr. Lindstrom: You are notified that your Bid dated February 27, 2012, for the above -referenced Project has been considered. You are the successful Bidder and are awarded a Contract for the amount of $90,695 for the Total Base Bid, Alternate No. 1, and Alternate No. 2. Enclosed are four Contract Documents between you and the City of New Hope covering the above -referenced Project. 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 The insurance and indemnity requirements shall be provided. After the bonding company has completed the Contract Documents, forward them to the attorney listed below who will review them for the City of New Hope: Steven Sondrall Jensen & Sondrall PA 8525 Edinbrook Crossing, Ste. 201 Brooklyn Park, MN 55443 After the necessary officials have signed the Contracts, the City will distribute the Contracts as follows: 2 copies Lindstrom Cleaning and Construction, Inc. (1 - your file, 1 - your bond company) 1 copy City of New Hope, Attention: Valerie Leone 1 copy Bonestroo (now Stantec), 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, STANTEC CONSULTING SERVICE, INC. Bruce Paulson, A.T.A. Enclosures: Four Contract Documents cc: Kirk McDonald, City of New Hope Valerie Leone, City of New Hope Steven Sondrall, City Attorney AMANuA M. FURTH GDRDoN L. JENSENt ADAM[ J. KALIF MIAN MELANM P.PEMnUN"' STEPHEN M. RINGQUIST3 STEVEN A. SONDRALL 'Real Property Law Specialist Certified By The Minnesota State Bar Association 'Admitted in Iowa JENSEN SONDRALL & PERSELLIN, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 . TELEFAX (763) 493-5193 writer's e-mail - sas@)jspattorneys.com April 6, 2012 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Public Works Office Renovation Contract With Lindstrom Cleaning & Construction, Inc. Project No.: 902 Our File No.: 99.10030 Dear Val: personal delivery Enclosed please find four copies of the contract and bonds for the referenced project, as well as the Certificate of Insurance received from Lindstrom Cleaning & Construction. All are in order from a legal standpoint. I will deliver them to the City for signing on April 9t' Please call me if you have any questions. =ASon truly Steven , ity Attorney, City of New Hope Enclosures cc: Guy Johnson, Public Works Director PAA=rncyl.SAM1 Client Fiies52 City of New Hope599-10030 (Public Works geneml)1Leune itr PW Office Renovatloa 902.doc tPrCentral Cashier'sCheck 46 Bank 75-511!919 2270 Frontage Road West, Stilhyater, MN 55082 PAY . PFt- 6i-438-3050 F/)(; 851-351-1550 ro *HE oADER * * CITY OF NEW IlOPE *** OF 268191 February 27, 2012 s 5,200.00 DOLLARS a r3EMrrrER LINDSTROM CLEANING & CONSTRUCTION +t'268i91rt' 1■.09 to Jim 9nn MOP 1905 i 14�: :NTRAL BANK 268191 LINDSTROM CLEANING & CONSTRUCTION February 27, 2012 *** CITYY OF NEW HOPE *** 5,200.00 0� April 12, 2012 Mr. Charles Lindstrom, CFO Lindstrom Cleaning & Construction Inc. 9621 101h Avenue North Plymouth, MN 55441 SUBJECT: Office Renovation Project at Public Works — Project No. 902 At its meeting of March 26, 2012, the New Hope City Council approved the contract with your company for project no. 902 for $90,695. Enclosed please find: • Two contract documents. Please submit one to your bonding company. • Return of your bid security. • 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). Please contact Chris Long at Stantec Consulting Services Inc. at 651-6364600 if you have any questions regarding the project. Sincerely, Valerie Leone City Clerk, CMC Enclosures cc: Guy Johnson, director of public works Chris Long, Stantec CFTY OF NEW HOPE 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 CONTRACT DOCUMENTS CONTRACT DOCUMENTS Public Works Facility Office Renovation Project Cit Improvement Project No. 90 ,City of New Hope, Minnesota February 2012 Project No. 193802201 " Stantec ACORR CERTIFICATE OF LIABILITY INSURANCE DATE (MWD04/D/YYYY} 04 (MMID 12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the pol"Ies) must be endorsed. If SUBROGATION AIVED, subject to the terms and conditions of this policy, certain policies may require an endorsement. A statement on this Certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Anderson Insurance & Investment AgencyPHO 312 Central Ave. S.E. Suite 392 Minneapolis, MN 55414 POLICY NUMBERlfl E,�;612.331.3712 Ne;612.378.0419 ADDRESS: INSUREF"AFFORDING COVERAGE NAICS INSURERA: Westfield Insurance Company 124112 INSURER Lindstrom •Cleaning al. Construction Inc. 9621 10th Ave N .Plymouth, MN 55441 INSURER B: Builders Group wsuRERC: INSURER D: INSURER E t INSURER F: COVERAGES CERTIFICATE NUMBER: 12-13 ALL + 11-12 WIC REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE WYO POLICY NUMBERlfl Y LIYm3 A GENERAL LIABILITY X CDMMERCIALGENERAL LIABILITY CLAIMS -MADE [X] OCCUR TRA916723 03/01/2012 03/01=13 EACH OCCURRENCE $ 1,000,000 PREMISES (Ea occurrence) $ 300,0001 MED EXP (Ary one person) $ 10, PERSONAL& ADV INUURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEML AGGREGATE LIMIT APPLIES PER: POUCY JPES El LCC PRODUCTS - COMP/EP AGO S LLM 2 000, 00 $ A AUTOMOBILELIABLIFY X ANY AUTO ALL AUTOS OWNED SCHEDULED NON-OWNERUh HIRED AUTOS AUTOS TRASIS723 03/01/2012 03/01/2015 $ 1,000,00 BODILY INJURY (PW pemon) $ BODILY INJURY (Per ewIde1V) S Per acoldent S $ A UYBRELLALIAO EXCESS UAB X OCCUR CLAIMS -MADE TRA516723 03/01/2012 03101=131 EACHOCCURRENCE $ 2 000,00 AGGREGATE $ 2 000,00 DED X RETEN ION$ S B WORKERS COMPENSATION AND EMPLOYERS' LIABILrrY TIN OFYFICEWMEMBEERR EXCL OEC?�� (Mandalay hl NH) � ESCRPTI�ON OAF OPERATIONS below NIA 02000148 06/01/2011 06/01/2012 Ulm - X TERM LIMITS ER EL EACH ACCIDENT S SOD, UO E.L. DISEASE - EA EMPLOYEE S Soo, 00 E.L. DISEASE - POLICY LIMIT $ 500 0o DESCRIPTION OF OPERATIONSI LOCATIONS/ VENCLES (Attach ACORD 101, Additional Remake Schedule, i man specs Is required} roject: City Improvement #902 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED N ACCORDANCE WITH THE POLICY PROVISIONS. City of New Hope AUTHoRCMD 4401 Xylon Avenue North New Hope, MN 55428 1 Shaun Ti CORPORATION. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 0557495 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Lindstrom Cleaning & Construction, Inc. 9621 10th Avenue N. Plymouth, MN 55441 OWNER (Name and Address): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 SURETY (Name and Principal Place of Business): International Fidelity Insurance Company One Newark Center, 20th Floor Newark, NJ 07102-5207 CONSTRUCTION CONTRACT Date: March 27, 2012 Amount: $90,695.00 Ninety Thousand Six Hundred Ninety Five Dollars and 001100 Description (Name and -Location): New Hope Public Works Facility Office Renovation Project, City Improvement Project No. 902 BOND Date (Not earlier than Construction Contract Date): April 3, 2012 Amount: $90,695.00 Ninety Thousand Six Hundred Ninety Five Dollars and 001100 Modifications to this Bond: ® None ❑ See Page 3 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Lindstrom Cleaning & Construction. Inc. Signature: Name an i arl D. Lindstrom C ' inancialOfficer (Any additional Ignatures appear on page 3) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: Cobb Strecker Dunphy & Zimmermann, Inc. 150 South Fifth Street, Suite 2800 Minneapolis, MN 55402 612-349-2400 SURETY Company: (Corporate Seal) International Fidelity Insurance Company Signature: 070— Name and Yitl& Man J. Oestreich Attorney -in -Fact OWNER'S REPRESENTATIVE (Architect Engineerorother perty) = Stantec Consulting Services Inc. 2335 W. Highway 36 St. Paul, MN 55113 AW DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING . MARCH 1987 A312.1984 I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators. successors and assigns to the Owner for the performance of iheConstrucl ion Contract, which is Incorporated herein by reference. 2 It the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Sand, except ro participate in conferences as provided in Subparagraph 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 Paragraph 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 Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement Shan 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 de - dared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and S-3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terries of the Construction Contract or to a contractor selected to perforin the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall prornptiy and at the Surety's ex- pense take one of the following actions: 4.1 Aninge for the Contractor, with t;onserte of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract far performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared 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 Constroction Contract, and pay to the Owner the amount of damages as described In Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's defauk, or 4.4 Waive its right to perforin 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 deter- mined, tender payment therefor to the Owner; or -2 Deny liability in whole or in part and notify the O%vner citing reasons therefor. S If the Surety does not proceed as provided in Paragraph 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 entified to enforce any remedy available to the Owner. if the Surety proceeds as provided in Subparagraph 4.4. and the Owner refuses the payment tendered or the Surely has denied hablltty. 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 Surely elects to act under Subparagraph 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 Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additions# legal. design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actilrans of failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or If no liquidated damages are specified in the Construction Contrad, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations*( the Contractor that are unrelated to the Can. structiort 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, Includ- ingchanges of time, to the Construction Contract or to reated subcontracts, purchase orders arta other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond maty be instituted In any court of competent jurisdiction in the location in which the work or part of thework is local ed 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 perforin its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail - AIA DOCUMENT A312 a PERFORMANCE BONA AND PAYMENT BOND , DECEMBER 1984 ED. +AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20008 THIRD PRINTING. MARCH 1987 A312.1984 2 able to sureties as n 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 sig- nature 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 herefrom and provisions con- forming 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 Con - MODIFICATIONS TO THIS BOND AREAS FOLLOWS: tractor 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, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form 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 Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL. SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Address: (Corporate Seal) Signature:..____.._ Name and Title. Address: AIA DOCUMENT A312 a PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. + AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING 9 MARCH 1987 A312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 0557495 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Lindstrom Cleaning & Construction, Inc. 9621 10th Avenue N. Plymouth, MN 55441 OWNER (Name and Address): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 SURETY (Name and Principal Place of Business): International Fidelity Insurance Company One Newark Center, 20th Floor Newark, NJ 07102-5207 CONSTRUCTION CONTRACT Date: March 27, 2012 Amount: $90,695.00 Ninety Thousand Six Hundred Ninety Five Dollars and 001100 Description (Name and Location):New Hope Public Works Facility Office Renovation Project, City Improvement Project No. 902 BOND Date (Not earlier than Construction Contract Date): April 3, 2012 Amount: $90,695.00 Ninety Thousand Six Hundred Ninety Five Dollars and 001100 Modifications to this Bond: ❑ None CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Lindstrom Cleaning Construction, Inc, Signature: Name and Title:- Chat`tes Lindstrom Chief Financial Officer (Any additional signatures appear on page 6) SURETY Company: ® See Page 6 (Corporate Seal) International Fidelity Insurance Company Signature: Name and loe: Brian J. Oestreich Attorney -in -Fact (FOR INFORMATION ONLY- Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer orother AGENT or BROKER: party) : Cobb Strecker Dunphy & Zimmermann, Inc. Stantec Consulting Services Inc. 150 South Fifth Street, Suite 2800 2335 W. Highway 36 Minneapolis, MN 55402 St. Paul, MN 55113 612-349-2400 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 ED.. AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 A312-1964 THIRD PRINTING. MARCH 1987 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 furnished 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 Paragraph 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 Paragraph 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 furnished 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 furnished 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 Paragraph 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 ;� notice required by Paragraph 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 Paragraph 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. 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 Subparagraph 4.1 or Clause 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 AIA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1964 ED. • AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, Q.C. 20006 A312.1984 THIRD PRINTING • MARCH 1987 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 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 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_ § 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 CIaimant, with a copy to the Owner, within 4k60 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 16.2 Pay or arrange for payment of any undisputed amounts. §, 6_3 The Surety's failure to discharge its obligations under this Segtion b shall not be deemed to constitute a waiver of defenses the Surety or Contractor may_ have or acquire as to a claim. However. if the Surety fails to discharge its obligations under this Section 6. the Surety__ shall indemn& the Claimant for the reasonable attorney's fees the Claimant_ incurs to recover any sums found to be due and owing to the Claimant (Space is provided below for additional signatures of added parties, 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 A312 ■ PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 A312-1984 5 ACKNOWLEDGMENT OF CORPORATION State of MINNESOTA } as. On this day of 2012 County of before me appeared Charles D. Lindstrom to me personally known, who, being by me duly sworn, did say that she is the Chief Financial Officer of LINDSTROM CLEANING & CONSTRUCTION, INC. a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, (If no seal, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Charles D. Lindstrom acknowledged said instrument to be the free act and deed of said corporation. r r MICHELLE D. LINDEN NOTARY PUBLIC -MINNESOTA My CwAiwcn Expire Jen. 31, 8015 r Notary Public\—\,_, County, My commission expires ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ) ) ss. On this 3rd day of April 2012 County of HENNEPIN ) before me appeared Brian J. Oestreich to me personally known, who, being by me duly sworn, did say that he is the Attorney -in -Fact of INTERNATIONAL FIDELITY INSURANCE COMPANY a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Brian J. Oestreich acknowledged said instrument to be the free act and deed of said corporation. s9 vvu 1 NICOLE MARIE NELSON Notary Public NOTARY PUBLIC -MINNESOTA My commission My Commission Expires Jan, 31, 2015 � xt expires County, Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME Or FICE ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102.5207 KNOW ALL MEN BY THESE PRESENTS- That INTERNATIONAL FIDEL-ITY INSURANCE COMPANY, a cooration organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appouit N, R. SCOTT EGGINTON, JOHN E. 'TRUER, BRUCE CRAIG REMICK, JOHN P MARTINSI~ N. TELANDER, R.W, FRANK, DONALD R. OLSON, LINDA K FRENCH, NICOLE NELSON, RACHEL THOMAS, JOSHUA R LOFTIS, BRIAN J OESTREICH, SANDRA M_ DOLE Minneapolis, MN, its aue and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or ermitted by law. stature, rule regguulation, conn act of otherwise and the execution of such instrument s) in pursuance of these presents, %hall be as binding upon the said II'@TERNA_TIONAL FIDELITY wSURA'NCE COMPANY. as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of ktrorneyy is executed, and may be revoked pursuant to and by authority of Article 3 -Section 3• of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 71h day of February • 1974. The President or any Vice President, Executive Vice Presideat, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any tine, any such attornev-in-fact and revoke the authority given. Further- this Power of Attoine3 is si ed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of AApril, 1982 of which the following is a true excerpt- Now xcerptNow therefore the signatures of such officers and the seal of the Company may be affixed to an)- such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Compan} and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond of undertaking to which it is attached. fj IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A D 2047. p� p�0'Wj• INTERNATIONAL FIDELITI INSURANCE COMPANY v SL '�` SEr" 1904 4 ' STATE Essex JERSEY County off Essex � j45 r Secretary On this 16th day of October 2007. before me came the individual who executed the pprecedingg instrument, to me personally known and, being by me duly sworn, said the he. is the therein described and authorized officer of the INTERNATIONAL i IDEI,TTY INSURANCE COMPANY! that the seal affixed to said instrument is the Corporate Seal of said Company, that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company 0 `� V •�y� IN TEST IMONY WHEREOF. I have hereunto set my hand affixed my Official Seal, 'it�� -`•' / at the City of Newark, New Jerse-. the day and year first above written. ��Hhus/Mc�itiw,*w Alt?— A NOTARY PUBLIC: OF NEW JERSEY CERTIFICATION My Commission Expires March. 27, 2014 1, the uitaeisigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify- that I have compared the fo, egoing copy of the Power of Attorney and affidavit, and die copy of the Section of the By -Laws of said Company as set foilh in said Power of Attorney, with the ORIGINALS ON IN TIME HOME OFFICE OF SAID COMPANi , and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney bag not been revoked and is now in full force and effect I1,4 J S'IIMONY WHEREOF. I have heielinto set my hand this 3rd day of April., 2012 �sgistanrSecr�taty DATE,TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE TRANSMISSION VERIFICATION REPORT 04/02 12:44 6516361311 00: 00. 20 01 3K STANDARD ECM DOCU141ENT OD 91 13 ADDENDUM A TIME 04/02/2012 12:44 NAME LINDSTROMS FAX 7635448766 TEL SER.# BROM6J583157 NEW HOPE Pu�iM�7�O��aN PROJECT �FR�vM OFFICE �0� PROJECT NO. 193802201 NEIN HOPE, MINNESOTA February 23, 2012 Number of Pages: _1 (Includes this sleet) To: All Irriked Planholders From: Bonestroo 2335 Highway 36 Wit St. Paul, Minnesota 55113 (651) 636-4600 — General Cq ice (651) 504-4948 — Bruce Paulson, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder ` shall a&r►owledge receipt of this Addendum on the Bid Form, Failure to da so may result in rejection of the Bid. ;f Please acknowledge receipt of this Addendum by signing and faodng this page back to Bonest= at Fax No. ji (651) 636-1311 as soon as you receive it. ,, I j I iA'l �ne'4'w/f ��'7`r?rt / DOCUMENT 00 91 13 ADDENDUM A NEW HOPE PUBLIC WORKS FACILITY OFFICE RENOVATION PROJECT CITY IMPROVEMENT PROJECT NO. 902 PROJECT NO. 193802201 NEW HOPE, MINNESOTA February 23, 2012 Number of Pages: 7 (includes this sheet) To: All Invited Planholders From: Bonesboo 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636-4600 — General Office (651) 604-4848 — Bruce Paulson, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Farm. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and faxing this page back to Bonestroo at Fax No. (651) 636-1311 as soon as you receive It. Company Name ® 2012 Stantec 1193802201 Date ADDENDUM A 009113-1 PROJECT MANUAL CHANGES SECTION 0120 00 — PRICE AND PAYMENT PROCEDURES 1. Revise Alternate No. 1 to add the following sentence: "Install new solid plastic urinal screen between the existing electrical panelboard in the south wall and the mop sink as shown on Sheet A1.01." SECTION 10 2116 — SOLID PLASTIC TOILET COMPARTMENTS 1. Add new section. DRAWING CHANGES SHEET A1.01 (ISSUED AS A1.01-SK1): 1. Add new solid plastic urinal screen between electrical panelboard and mop sink on south wall of Janitor Closet 128 as indicated. LIST OF ATTACHMENTS 1. Section 10 2116 — Solid Plastic Toilet Compartments 2. Sheet A1.01 -SKI END OF DOCUMENT ADDENDUM A © 2012 Stantec 1193802201 009113-2 SECTION 10 21 16 SOLID PLASTIC TOILET COMPARTMENTS PART 1 GENERAL 1.01 SUMMARY A. Work in this section shall Include, but is not limited to: 1. Urinal screen. 2. Hardware for toilet compartments and plastic partitions. 3. Shop drawings and working drawings. 4. Manufacturer's guarantee. S. Related work specified elsewhere shall include accessories and anchorage/blocking for attachment of partitions. B. Related Sections: 1. Section 06 10 00 — Rough Carpentry. 2. Section 06 20 00 — Finish Carpentry. 3. Section 09 29 00 — Gypsum Drywall. 4. Section 09 3113 — Ceramic Tile. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment: 1. All Work and costs of this Section shall be included under Alternate No. 1. 1.03 SUBMITTALS A. Plastic compartment work indudes the following, where Indicated: 1. Wall -mounted urinal screen. B. Furnish all labor and materials necessary for the completion of work in this Section as shown on the Contract Drawings and specified herein. 1.04 PRODUCT DATA A. Submit 2 sets of shop drawings and details for Architect's approval. B. Colors shall be selected from the manufacturer's full range of colors. C. Color samples and hardware samples shall be submitted for approval by the Architect upon request. 1.05 PERFORMANCE REQUIREMENTS A. Fire Resistance: Partition materials shall comply with the following requirements, when tested in accordance with the ASTM E 84: Standard Test Method for Surface Burning Characteristics of Building Materials: 1. Smoke Developed Index: Not to exceed 450. 2. Flame Spread Index: Not to exceed 75. 3. Material Fire Ratings: Q 2012 Stantec 193802201 SOLID PLASTIC TOILET CDWAR7MENTS 102116-1 a. National Fire Protection Association (NFPA): Class B. b. International Code Council (ICC): Class B. 1.06 QUALITY ASSURANCE A. Manufacturer's Qualifications: A company regularly engaged in manufacture of products specified In this Section, and whose products have been in satisfactory use under similar service conditions for not less than 5 years. B. Installer's Qualifications: A Company or Individual regularly engaged in installation of products specified in this Section with a minimum of 5 years' experience. 1.07 WARRANTY A. SCRANTON PRODUCTS (Santana/Comtec/Capitol), guarantees its plastic against breakage, corrosion, and delamination under normal conditions for 25 years from the date of receipt by the customer. If materials are found to be defective during that period for reasons listed above, the materials will be replaced free of charge. (Labor not included in warranty.) 2.01 MANUFACTURER A. Toilet partitions and screens to be supplied by SCRANTON PRODUCTS (Santana/ Comtec(Capitol), Scranton, PA, or approved equal. 2.02 MATERIALS A. Urinal screen shall be 1 inch thick constructed from High Density Polyethylene (HDPE) resins. Partitions shall be fabricated from polymer resins compounded under high pressure, forming a single component which is waterproof, nonabsorbent and has a self-lubricating surface that resists marks from pens, pencils, markers and other writing instruments. All plastic components shall be covered with a protective plastic masking. 2.03 CONSTRUCTION A. Urinal screen shall be 1 inch thick with all edges rounded to a radius. B. Urinal screen shall be 55 inches high and mounted at 14 inches above the finished Floor. 2.04 HARDWARE A. Wall brackets shall be 54 inches long and be 1-1/2 inch stirrup type made of heavy-duty aluminum (6463-T5 alloy) with a bright dip anodized finish. Stirrup bracket shall be fastened to pilasters and panels with stainless steel tamper resistant torx head sex bolts. PART 3 EXECUTION 3.01 PREPARATION A. Examine areas to receive urinal screen for correct height and spacing of anchorage/blocking and plumbing fixtures that may affect installation of partitions. Report any discrepancies to the Architect. SOLID PLASTIC TOILET COMPARTMENTS © 2012 Stantec 1193802201 102116-2 B. Start of Work constitutes acceptance of Project. 3.02 INSTALLATION A. Install urinal screen rigid, straight, plumb, and level manor, with plastic laid out as shown on shop drawings and manufacturer's installation instructions. B. Urinal screen to be mounted at 14 inches above finished floor. C. No evidence of cutting, drilling, and/or patching shall be visible on the finished work. D. Finished surfaces shall be cleaned after installation and be left free of all imperfections. END OF SECTION SOLID PLASTIC TDILET COMPARTMENTS ® 2012 Stanbec 1193802201 102116-3 FILE ROOM 116 wuNr ROOM 117 HALLWAY EXIST. ELEC. — 124 PANELBOARDS WOMEN 1� 41 74 j NEW SOLID PLASTIC SCREEN Q (ALTERNATE NO. 1) NEW FLOOR DRAIN FF I W/ CLEANOUT (ALTERNATE NO. 1) NEW FLOOR DRAIN (ALTERNATE NO. 2) I cEnrrwAL cnRnce OFFICE/STORAGE �M 133 127 MEN NEW FLOOR DRAIN 130 wp (ALTERNATE NO. 2) DADA TOILET r�13cm1 PARTIAL MAIN LEVEL FLOOR PLAN A 0 4' 8' 16' A1.01-SK1 ' NEW HOPE, MINNESOTA PUBLIC WORKS FACILITY INTERIOR OFFICE RENgAnbcOVATION ""WMA PAM NO. l SECTION 00 01 05 PROFESSIONAL CERTIFICATIONS 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. Bruce P. Paulson Date: February 9, 2012 Reg. No. 20910 END OF SECTION PROFESSIONAL CERTIFICATIONS © 2012 Stantec 1 193802201 000105-1 SECTION 00 01 10 TABLE OF CONTENTS 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 A310-2010 Contracting Requirements 00 52 00 Agreement Form — AIA Document A101-2007 0061 13 Performance Bond — AIA Document A312-2010 0061 15 Payment Bond — AIA Document A312-2010 00 72 00 General Conditions — AIA Document A201-2007 00 73 05 Supplementary Conditions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01— General Requirements 01 10 00 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 Division 02 — Not Used Division 03 — Concrete 0330 10 Interior Concrete Slabs on Grade Division 04 and 05 — Not Used Division 08 — Wood and Plastics 06 10 00 Rough Carpentry 06 20 00 Finish Carpentry Division 07 — Thermal and Moisture Protection 07 21 00 Insulation 07 92 00 Joint Sealants Division 08 — Not Used TABLE OF CONTENTS Q 2012 5tantec 193802201 000110-1 Division 09 — Finishes 09 29 00 Gypsum Drywall 09 31 13 Ceramic Tile 09 65 00 Resilient Flooring 09 68 13 Carpet Tile 09 68 16 Carpeting 09 72 00 Wall Coverings 09 91 00 Painting DRAWINGS 31.01 Partial Main Level Demolition Plan A1.01 Partial Main Level Floor Plan and Schedules END OF SECTION TABLE OF CONTENTS © 2012 Stantec 1 193802201 0001 10-2 DOCUMENT 00 it 13 INVITATION FOR BIDS 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 New Hope Public Works Facility Office Renovation Project, City Improvement Project No. 902. Sealed Bids will be received until 2 P.M., CDT, on Tuesday, February 28, 2012, 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 cleaning and re -painting of the walls, metal doors and frames, wood door frames, overhead door panels, steel stair, steel roof joists, and metal roof decking in the Vehicle Parking Room of the New Hope Public Works Facility. 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 $65,000. Bidding Documents may be purchased by credit card at www.bonestroo.cwm (fbilow the Plan Room link) for a fee of $30 for a paper copy or for a fee of $20 for a downloadable digital copy. Bidders may also purchase a paper copy of the Bidding Documents from the Issuing Office of Bonestroo, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636-4600, with a check for a fee of $30. Bidding Documents may be viewed at the Issuing Office. Direct inquiries to the Architect's Project Manager Bruce Paulson at (651) 604-4849. A mandatory Pre -Bid Meeting will be held on Tuesday, February 21, 2012, at 1:30 P.M., CST, at New Hope Public Works Facility, 5500 International Drive, New Hope, Minnesota. All Contractors wishing to submit a Bid on this Project must attend the Pre -Bid Meeting. This will be the only opportunity to tour the building 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, March 12, 2012, in the City Council Chambers at 4401 Xylon Avenue North, New Hope, Minnesota. INVITATION FOR BIDS © 2012 Stantec 1193802201 001113-1 0A- - [A Document A701m to Bldrders for lite foilazing PROJECT: (Name and location or address) New Hope Public Works Facility Office Renovation Project City Improvement Project No. 902 New Hope, MN TM (Name, legal status and address) City of New Hope 4401 Xylan Avenue Norah Now Hope, MN 55428-4898 "HE AP (Name, legal status anal addws) Stantee crosulting Services Inc, 7335 W. iFIighwag 36 St. Paul, NST 55113 TIMLE OF i,.RTICLES DERI ITIOPS 2 BIDDER'S RF)'-' =SEHm'ATlOr33 3 CIDDV G DOCUMEMS 4 BIDDR,13 PROCEDURES COMDEFt41M: OF BIN FOST BID IN!FMOA—ROM F F.FCIf :.ru•'CE BOND AND PAY IElirrSOi;D FOR .i OF AGREEi :EilT BETS{EEK OVA -MR AND COi 7RkCTOR ADDITIONS Ai M. DELETIONS - 'rho outhc,7 al' this document has added Informedon needed for its completion. The eutltor may also have revised the tad of the odglnal AIA standard fc;-m. An AddAtons and FJeletiorw RQportthat notes added Information as well as revisions to the standsd form text is availele from the author wid shoidd be reviewed. A vertical line In the left margin of this document Indlrmilles 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 attomay Is encouraged with respect to its completion or modMea lon. AIA Dacrtrnant ASW Tm —1897. Copyright 01970.1974.1978,1987 and 1897 by The American Institute o(J;":t Neck A9 rtglns reserved This documentvras produced by AIA software at 19:11:54 on 02J07f2a12 underenter No.7813992691_1 which expires on 0711212M2. and 1s not for resale. User Nates: (1782800750) § 4.1.2 All blanks on the bid form shall be legibly executed in a non -erasable medium. R 4.1.3 Suns 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. Ifno 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 ofthe 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 nar qualify the Bid in any other manner. § 4,1.7 Each copy of the Bid sball state the legal name of the Bidder and the nature of legal farm 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 sb&R finther 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 SECURGN § 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, ifrequtired, furnish bonds covering the faithful performance ofthe 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 f x-&ited 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 attomey-in-fact who executes the bond on behalf ofthe surety shall a$vc 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 SUBWSSIOR OF BIDS 4.3.5 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 daze for receipt of Bids. Bids received after the tune 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 '1ZODIFICwTI I OR 9MDRUHAL 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 ofBids, 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 fon' receipt of Bids. Such notice shall be in writing over the A1A 0oaan*ntA701"' —1987. CwydahtO 1970,1974,1978, 1987 and 1997 byTheArnericarr InstituEe dArchbots. Aa rights reserved ,r Jr ' This docurnant was produced by AIA software at 13:11:54 on 02107=12 under Order No.7813932881_1 which expires on 07112rM2, and is not for resakL Us" b.otw. (1782800750) signature of the Bidder. Written confirmation over the signature of the Bidder shall be received, and dates and time -stamped by the receiving party on or before the date and time set for receipt of Bids. A change shall be so warded 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 h ructions to Bidders. 4.4.4 Bid security, if required, shall be in an amount sufficient for the Bid as resubmitted. ARTICLE 5 GDMMDMW..IQi! OF BIDS 3 5.'i Q )EiJJ;dG 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. J 5.2 REJECTIOM 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 &CCEPURTE OF BiD (KW W) 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 fiords available, The Owner shall have the right to waive informalities and irregularities in a Bid recxived 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. A.' *(CLE 6 POST -BID Pr -TORN& ; ON § 8.`i CORTRACTOR'S QUALIFICATiO;L STATES. EHT Bidders to whom award of a Contract is under consideration shall submit to the Architect, upon requeo, a properly executed AIA. Document A305, Camtrac ar's Qualification Statement, unless such a Statement has been previously required and submitted as a prerequisite to the issuance of Bidding Documents. 18.2 01^ JER'S Flp'A-+LCU CI'PABUTY 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, fiunish to the Bidder reasonable evidence that financial arrangements have been made to firliill 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 SUR.-ATTkLS 6.9.1 The Bidder shall, as soon as practicable or as stipulated in the Bidding Documents, after notification of selection for the award of a Coutr°act, 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 mranufacturer% pra3ucts, and the suppliers of principal item or systems of materials and equipment proposed for the Wort- and .3 names of persons or entities (ncluding those who are to finrnish 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, atter' due investigation, has reasonable objection to a person or catty 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 optiM (1) AlAtioclunent A7017m —1997. iopyrigMfl 1970, 1974,1970,1987 and 1997 byThe American lnslltuts of fthfteds AR rights rawnraL - Thisdocaanentw= S produced by AIA sotlwae at 13.11.54 on 02/07!2012 under Order No.781393=1_1 wh" expires an 07M2✓:Z012, and is not for resd& User Notss: (1782800750) 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. 16.3A Perms 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. AKOCLE 7 PERFOW.4A;N'CE 9000 APD PAY:;EI_'T BOLD 7.1 SM40 REQUIRE;0�!'iS 7.1 A If stipulated in the Bidding Documents, the Bidder shall famish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Bands may be secured through the Bidder's usual sources. J 7.1.2 Ifthe famishing of such bonds is stipulated in the Bidding Documents, the cost shall be included in the Bid. If the famishing of such bonds is required after receipt of bids and before execution of the Contract, the cosi of such bonds shall be added to the Bid in determining the Contract Sum. 17.13 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 r, - .-.E OF DELM_ ERY ARD FORL: OF BOMS § 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. g 7.2.2 Unless otherwise provided, the bonds shall be written on AIA Document A312, Performance Bond and Payment Bond. Both bands 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. 6 7.2.4 The Bidder shall require the attorney4n-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 a FORii OF AGRMF ENT BETyt! MN W -MER MID COV.TRAv=R Unless otherwise required in the Bidding Documents, the Agreement for the Work will be written on AIA Document Al01, Standard Form of Agreement Between Owner and Contractor Where the Basis ofPayment Is a Stipulated Sum. AIA Documan! A701 "' 7997. Copyright ®1974,1974,1978,1987 and 1997 by The American institute oTArchkocta All right reserved. ,. 1_1 which 1res on 07M2=2, and is not for resale.Thisdoe 5 cument was produced by AIA soQW2Re at 13:11:54 an 02!07!x012 under Omer No.787393258 expi User Notre: (17828750) DOCUMENT 00 21 13 SUPPLEMENTARY INSTRUCTIONS 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 1 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. ARTICLE 3 - BIDDING DOCUMENTS 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 from the issuing office designated in the Advertisement for Bids in the number and for the non-refundable sum stated therein. 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 The materials, products, systems, and equipment shown and described in the Contract Documents establish a standard of required design, function, dimension, appearance, 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 1.05. SUPPLEMENTARY INSTRUCTIONS © 2012 Stantec 1 193802201 002113-1 ARTICLE 4 - BIDDING PROCEDURE A. Delete Paragraph 4.2.1 in its entirety and substitute the following: 4.2.1 Each Bid must be accompanied by a Bid Security made payable to Owner in an amount of 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 1 copy of the Bidding Documents with 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. ARTICLE 6 - POST -BID INFORMATION 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 10 days of request. ARTICLE 7 - PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND 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. END OF DOCUMENT SUPPLEMENTARY INSTRUCTIONS © 2012 Stantec 1 193802201 0021 13-2 BIDpER: studeC DOCUMENT 00 4100 BID FORM PUBLIC WORKS FACILITY OFFICE RENOVATION PROJECT CITY IMPROVEMENT PROJECT NO. 902 PROJECT NO. 193802201 NEW HOPE, MINNESOTA 2012 THIS BID IS SUBMTTTEDTO- City of New Hope City Clerk 4401 Xylon Avenue North New Hope, MN 55428 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform ail Work as specified or Indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents, 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, Including without limitation those dealing with the disposition of Bid 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 agree to in writing upon request of Owner. 3.01 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: Addendum No. AddendD 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, Q 2012 Stantec 1193802201 00 41 00-1 BID FORM Nm Item Units Qty Total Price PART 1 - BASE BID MATERIALS AND LABOR NECESSARY TO COMPLETE THE SCOPE OF WORK DEFINED IN THE PROJECT LS SPECIFICATIONS AND DRAWINGS TOTAL PART I - BASE BID PART 2 - ALTERNATES: 2-1. ALTERNATE NO. 1: MATERIALS AND LABOR NECESSARY TO REMOVE EXISTING CONCRETE FLOOR SLAB AND MOP SINK IN JANITOR 128. REMOVE SOIL BELOW SLAB AS NECESSARY TO EXPOSE DRAIN WASTE PIPING UNDER MOP SINK, MODIFY WASTE PIPING TO ADD NEW FLOOR DRAIN IN CENTER OF ROOM AND ADD CLEANOLIT UPSTREAM OF NEW FLOOR DRAIN. INSTALL NEW 4" CONCRETE FLOOR SLAB PER SECTION 03 30 13, AND INSTALL NEW CT -1 FLOOR TILE AND NEW CT -2 CERAMIC BASE TILE PER SECTION 09 31 13. RE -INSTALL EXISTING MOP SINK AND PROVIDE SILICONE SEALANT BETWEEN MOP SINK AND FLOOR TILE. 2-2. ALTERNATE NO. 2: MATERIALS AND LABOR NECESSARY TO REMOVE EXISTING CONCRETE FLOOR SLAB IN WOMEN 129 AND MEN 130. REMOVE SOIL BELOW SLAB AS NECESSARY TO EXPOSE WASTE PIPING AT WATER CLOSETS, MODIFY WASTE PIPING TO ADD NEW FLOOR DRAIN IN EACH ROOM. INSTALL NEW 4" CONCRETE FLOOR SLAB PER SECTION 03 30 13 AND INSTALL NEW CT -1 FLOOR TILE PER SECTION 09 31 13. 2-3. ALTERNATE NO 3: MATERIALS AND LABOR NECESSARY TO REMOVE EXISTING VINYL WALLCOVERING TO CEILING ON ALL WALLS WHERE GYSPUM BOARD HAS BEEN REMOVED IN HALLWAY 107, HALLWAY 113, HALLWAY 114, WORK ROOM 115, PRINT ROOM 117, HALLWAY 124, AND HALLWAY 132. INSTALL NEW GYPSUM BOARD AS SPECIFIED TO INFILL WHERE EXISTING GYPSUM BOARD HAS BEEN REMOVED (WITH SHIMMING WHERE NECESSARY), SKIM COAT OVER ENTIRE WALL SURFACES, AND INSTALL PAINT SYSTEM GB -1. LS LS LS 2-4. ALTERNATE NO 4: MATERIALS AND LABOR NECESSARY TO TO INSTALL CARPET TILES AND CARPET BASE AS SPECIFIED IN SECTION 09 68 13 IN LIEU OF LS BROADLOOM CARPET AND CARPET BASE AS SPECIFIED IN SECTION 09 68 16. Add 09 %� p 2012 Stantec j 193802201 00 41 00-3 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and compkrted and ready for Final Payment in accordance with Paragraph 14.07.6 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages In the event of failure to complete the Work within the times specified above, which shall be stated In the Agreement, 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated In the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. r SUMMED on a "�7/ 2012„ If Bidder Is. Name (typed or printed): By: (Individual's signature) Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: MW ® 2012 5rantec 1 193802201 00 41 00-4 BID FORM A Partnershio Partnership Name: (SEA) By: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Banc Vs): Phone No.: Fax No.: A Co r -tion aUon Name: Z11, Co�" � ®� rpor � (SEAL) State of Incorporation: — hfAl Type (General By: Limited Liability): la® , C-- y Name (typed or printed): _ C 4 of I- lam _ r'rr +'�y 7',�-�.+.s L W- a Title: Attest ` (CORPORATE SEAL) (Signature of Corporate Secretary) Business Street Ad reo P.O. Box #'s): 91;21 IaA" Phone No.: 17 if 3-,5'9y-- 002/ Fax No.: / G,) .rV s1- 4f %P4 O 2012 Sruntec 1 193802201 004100-5 BID FORM 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. 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 submlt 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 dear 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 11.03.13 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for time 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. 0 2012 Stantec J 193802201 00 41 00-2 BID FORM X1 Central Bank 2270 Frontage Road WeM. Stillwater, MN 55082 PH. 651.439-3050 FAX: 651-351-1550 PAY TO THE *+� CITY OF NEW HOPE *** ORDER OF Cashier's Check 75311/919 � � c REMITTER LINDSTROM CLEANING & CONSTRUCTION 118261319012 i:09 L90 5 L L4i: 1300m,a,0 No Soo CENTRAL BANK LINDSTROM CLEANING & CONSTRUCTION *** CITY OF NEW HOPE *** 268191 February 27, 2012 8 0 5,200.00 DOU ARS 268191 February 27, 2012 5,200.00 .-,,AIA Document A101"m - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Twenty-seventh day of March in the year Two Thousand Twelve ADDITIONS AND DELETIONS: (In words, indicate day, month and year The author of this document has Plymouth, MN 55441 added information needed for its BETWEEN the Owner: completion. The author may also (Name, legal status, address and other information) have revised the text of the original for the following Project: AIA standard form. An Additions and City of New Hope Deletions Report that notes added 4401 Xylon Avenue North information as well as revisions to the New Hope, MN 55428-4$98 standard form text is available from Telephone Number: 763-531-5100 the author and should be reviewed. A Fax Number: 763-531-5136 vertical line in the left margin of this New Hope, MN document indicates where the author and the Contractor: has added necessary information (Name, legal status, address and other information) and where the author has added to or deleted from the original AIA text. Lindstrom Cleaning & Construction Inc. This document has important legal 96211 Oth Avenue North consequences. Consultation with an Plymouth, MN 55441 attorney is encouraged with respect Telephone Number: 763-544-8761 to its completion or modification. Fax Number: 763-544-8766 AIA Document A201 TM -2007, for the following Project: General Conditions of the Contract (Name, location and detailed description) for Construction, is adopted in this document by reference. Do not use with other general conditions unless New Hope Public Works Facility Office Renovation Project this document is modified. City Improvement Project No. 902 New Hope, MN The Architect: (Nome, legal status, address and other information) Stantec Consulting Services 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 TM — 2007. Copyright G 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1891, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING. This AIA® Document is protected by J.S. Copyright Law and International Treaties. Unauthorized reproduOlon or distribution of, this AIAe Document, or any portion of ii, may result in severe civil and criminal penaiilwi, and will be prosecuted to the 1 maximum exV nt possible underthe law. This documentwas produced byAlAsoftware at 11:51:36 on 03/29/2012 under Order No.7813932681_1 which expires on 07/1212012, and is not for resale. User Notes: (1852257618) TABLE OF ARTICLES THE CONTRACT DOCUMENTS THE WORK OF THIS CONTRACT DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 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 written 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 13.1 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.) IC 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: f 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 ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) The Contractor shall achieve Substantial Completion of the entire Work not later than May 11, 2012. AIA Document A101 M — 2007. Copyright ®1915,1916.1925,1937,1951, 1958. 1961, 1963, 1967, 1974, 1977,1987,1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING. This AIA° Document is protected by U.S. Copyright Lave 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 lay:. This document was produced by AIA software at 11:51:36 on 03/29/2012 under Order No.7813932581_1 which expires an 07/12/2012, and is not for resale. User Notes: (1852257618) Portion of Work Final Completion Date May 25, 2012 , 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.) Liquidated damages shall be $500.00 per calendar day starting on Tuesday, May 29, 2012. ARTICLE 4 CONTRACT SUM 14.1 The Owner shall pay the Contractor the Contract Sum in current fiords for the Contractor's performance of the Contract. The Contract Sum shall be Ninety Thousand Six Hundred Ninety-five Dollars and Zero Cents ($ 90,695.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding orproposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedude of such other alternates showing the amount for each and the date when that amount expires.) Alternate No. 1 $6,560.00 Alternate No. 2 $9,170.00 § 4.3 Unit prices, if any: (Identify andstate the unitprice; state quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit ($0.00) § 4A 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 Thirty ( 30 ) 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 AIA Document A101'"' —2O07. Copyright 1915,1918, 7925,1837,1951,1958,1961, 1963,1967, 1974,1977,1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved, WARNING: This AIAie Document k- 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 [lie 1 maximum extent possible under the law. This document was produced by ALA software at 11:51:36 on 03/29/2012 under Order No.781393268 11 which expires on 07112/2012, and Is not for resale. User Notes: (1862257618) 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. § 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 A201Tm-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 9.8.5 of AIA Document A201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, ifarry.) .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. § 5.1.6 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 5.1.6.1 and 5.1.6.2 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: AIA Document A101 TM —2007. Copyright 0 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 AIA' Document is protected by U.S. Copyright Lave and International Treaties. Unauthorized 4 reproduction or distribution of this AlAe 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 byALAsoftware at 11:51:36 on 03/29/2012 under Order No.7813932681_1 which expires an 07/1212012, and is not for resale. User Notes: (1652257618) 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 parry to this Agreement, to serve as Initial Decision Maker. (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 (Spec) ARTICLE 7 TERMINATION OR SUSPENSION § TA 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 Come 4401 pylon Avenue North New Hope, MN 554284898 § 8,4 The Contractor's representative: (Name, address and other information) Charles Lindstrom 9621 10th Avenue North Plymouth, MN 55441 AIA Document A101 TM — 2007. Copyright 01915,1918,1925,1937,1951, 195B, 1961, 1963. 1967, 1974, 1977, 1987, 1991, 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 Internatlnnal Treaties. Unauthorized 5 reproduction ac distribution of this AIA" Document, cr any portion of it, may result in severe civil and criminal penalties, and will be proxecuted to the 1 maximum extent possible under the law. This document was produced by ALA software at 11:51:36 on 03J2 Olt under Order No.7813932681_1 which expires on 0711212012, and is not for resale. User Notes: (1852257618) § 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 Section 00 72 00 General Conditions February 9, 2012 § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Date 00 01 10 Table of Contents February 9, 2012 § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Title Sheet Pages Pages See Project Manual Number Title Date J1.01 Partial Main Level Demolition Plan February 8, 2012 A1.01 Partial Main Level Floor Plan and Schedules February 8, 2012 § 9.1.6 The Addenda, if any: Number Data Pages A February 23, 2012 7 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 E201Tu-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, Instructions to Bidders, sample forms and the Contractor's bid are notpart of the Contract Documents Init. AIA Document A101TM —2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974,1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA`" DeC4rment is protected by U.S. Copyright Law and International Tiesties. Unauthorized reproduction or dIstributlan of this Alk® Documerr% or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the s maximum extent possible underthe law. This document was produced byAlA software at 11:51:36 on 03/29/2012 under Order No.7813932681_1 which expires on 0711212012, and is not for resale. User Nous: (1852257618) 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 purcbase 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 liabilityfor insurance required in Article 11 of AL4 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) &L djeamuo G-6 - (Printed name and title) C R ) Charles LhAroni, CFO (Printed name and title) 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 Ale Documont 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 t maximum exteni possible under the law. This document was produced byAIA software at 11:51:36 on 03/29/1012 under Order No.7813932681_1 which expires on 0711212012. and is not for resale. User Notes: (1852257618) Mimi ° — I ONM k MOW3o Ma NrM TILUM NO VA0F9N R:MHO 110MINI A1TFDVd smom amnd =S3NNIW '3dOH M3N aq N 1 1 1im oil, 9 gi 9 11 WRI gill 111 fill 11 In HIM 11111 X111111111 111. �� X11111111 11,11� 0 n a pp ar ��,•� $a1®rfl5arm NVId aooli 1311x1 rand TgU'dVd 1 E NOILVAON3if 0 N01MAI A1Cd .1 smum onand q ° �„n ;,: ::, • = ViOS3NNIW '3dOH M9N G R i � o g L_ I 9 �W girt It it w�m i Jim I0� DR w"1� a o ------ --------- Fig jvq -------;Fig 1 is 11i'dw 11,110 Eli, U1 g -p g s �G�B g� �� di a r r r � agV. a diIR agi �� tSSg8SS��88S8I' fl ON a LU aIN lil III 19,11 ss all pi OHM 1E g g 10 g g 9 OiqH, I, 111i tg Ej 1mg 1511a InN, r filng i n IN g I I g g Is��zKg "!O ��A�� x�� h�4� l�� MINii�a^ �} W I F4 1111 1x5 INNN i 12 essas ssas aas ggpg _ hili I S R g Performance Bond Document A312'" -2010 CONTRACTOR: (Name, legal status and address) Lindstrom Cleaning & Construction Inc. 96211 Otb Avenue North Plymouth, MN 55441 OWNER: (Name, legal status and address) City of New Hope 4401 Xylon Avenue North New Hope, MN 554284898 SURETY: (Name, legal status and principal place of business) CONSTRUCTION CONTRACT Date: March 27, 2012 Amount: $ 90,695.00 Description: (Name and location) New Hope Public Works Facility Office Renovation Project City Improvement Project No. 902 New Hope, MN BOND Date: (Not earlier than Construction Contract Date) Amount: $ Modifications to this Bond: 0 None See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Charles Lindstrom, CFO Name and Title: Title: (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party.) Paul Coone 4401 Xylon Avenue North New Hope, MN 55428-4898 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 Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312111- 2010 Performance Bond. The American Institute ofAwhitects. All rights reserved. WARNING: This AIA' Document Is protected by Init. U.S. Copyright Law and international Treaties. Unau!7orized +eproduction or distribution of tills Alk' Document, or any portion of it, may result in severe civil and criminal penaltles, and will be prosecuted to the maximum extent possible under tate law. This document was produced by AIA software at ! 11:54:58 on 03/2912012 under Order No.7813932681_1 which expires on 0711212012, and is not for resale. User Notes: (1516716344) § 1 The Contractor and 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 when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. 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; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 .Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take ane of the following actions. § 3.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 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 a 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 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 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, make payment to the Owner; or .2 Deny Liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven 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 5.4, and the Owner refuses the payment 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. AIA document A31210 —2010 Performance Bond. The American Institute afAwhifects. All rights resarved. WARNING: This Me Document Is protected by Init. 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 penaktles, and will be prosecuted to the maximum extent possible under the lave. This document was produced by AIA software at f 11:54:58 on 0312912012 under Order No.7813932681_1 which expires on 0711212012, and is not for resale. User Notes: (1516716344) § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, 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. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .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 5; and .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. 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. 9 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, successors and assigns. § 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 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 a declaration of 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 minimums 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 page on which their signature appears. § 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. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions 14.1 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. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to earnply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 114.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. AIA Document A312TM — 2010 Performance Bond. The American Institute ofArchilects. All rights reserved. WARNING: This AIA' Document Is protected by lnit. U.S. Copyright Law and International Treaties. Unauihorzed reproductions or distribution of this AIA° Document, or any portion of it, may Msult In 3 scwcre ciril and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at j 11:54:58 on 0312912012 under Order No.7813932681_1 which expires on 0711212012, and is not for resale. User Notes: (1516716344) § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of addedparties, 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 —2010 Performance Bond. The American Institute ofArchihecls. All rights reserved. WARNING: This AIA` Document is protected by Init. U.S. Copyright Law and International Ti eat!". Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result in 4 savers civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. This document was produced by AIA software at t 11:54:58 on 03/29/2012 under Order No.7813932681_1 which expires on 0711212012, and is not for resale. User Notes: (1516716344) =- Document A312TM- 2010 Payment Bond CONTRACTOR: (Name, legal status and address) Lindstrom Cleaning & Construction Inc. 9621 10th Avenue North Plymouth, MN 55441 OWNER: (Name, legal status and address) City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 SURETY: (Name, legal status and principal place of business) CONSTRUCTION CONTRACT Date: March 27, 2012 Amount: $ 90,695.00 Description: (Name and location) New Hope Public Works Facility Office Renovation Project City Improvement Project No. 902 New Hope, MN BOND Date: (Not earlier than Construction Contract Date) Amount: $ Modifications to this Bond: None See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Charles Lindstrom, Name and Title: CFO Title: (Any additional signatures appear on the last page of this Payment Bona') (FOR INFORMA770NONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) Paul Coone 4401 Xylon Avenue North New Hope, MN 55428-4898 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 Contractor, Surety, Owner or other party shall be considered plural where applicable. Init. AIA Document A312'"'— 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and Intemationai Treaties. Unauthorized reproduction or dieteibution of this AIA Document, or any portion of it, may result ir severe civil and eriminai penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at I 12:15:51 on 03/29M12 under Order No.7813932681_1 which expires on 0711212012, and is not for resale. User Notes: (1264013162) § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all stuns due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, Iiens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of near -payment under Section 5.1.1. 17 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 18 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 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 Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. AIA Document A312T" — 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: Thin Ale Document is protected by Init. U.S. Copyri:ht i-aw 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 hF: proseeutvd to the maximum extent possible uroder the law. This document was produced by AIA software at 12:15:51 on 0312912012 under Order No.7813932681_1 which expires on 0711212012, and is not for resale. User Notes: (1264013162) I 10 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 the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 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. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were famished 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. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 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. When so famished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 115 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date ofthe Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment famished as of the date of the Claim. § 16.2 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 Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. 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 furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. AIA Document A312"1-2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by Init. U.S. copyright Law and International Treaties. Unauthorized reproduction or distribution of this AW' 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 j 12:15:51 on 03/29/2012 under Order No.7813932681_1 which eWlres on 071102012, and is not for resale. User Notes: (1264013162) § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 117 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of addedpardes, other than those appearing on the coverpage.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Charles Lindstrom, CFO 96211 Oth Avenue North Plymouth, MN 55441 Signature: Name and Title: Address: AIA Document A312"" — 2010 Payment Bond. The American Institute of Architects. All rights reserved. WA12NING. This AIA Document is protected by Init. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of It, may resrdt in 4 ssverN civil and criminal penalties, and will be prosecuted to the maximum exten'_ possible under the law. This document was produced by AIA software at 12:15:51 on 03/29/2012 under Order No.7813932681_1 which expires on 071120012, and is not for resale. User Notes: (1264013162) iU-A Document A201" - 2007 l�..L'. Fj/f^% 'a Rors-_ui onAN r7(41ol�fi w�.I/ fbrths iolla.Ann PROJECT. (Name and location or address) New Hope Public Works Facility Office Renovation Project City improvement Project No. 942 ADOMOMS AV -D DELIE;TIp !3: New Hope, MN The author of this document has added Information needed for its THE G`:r MR: completion. The author may also (Name, legal stafus and address) have revised the text of the original City of New Dope AW standard form. An Additions and 4441 Xylon Avenue North D619florts Report that notes added New Hope, MN 554284898 inkrmatlan as well as revisions to the standard fain text is available from "F E i1RCklITECT: the author and should be Wowed. A (Name, legal stairs and odorless) vtarti m Ane In the left margin of this document indtoates where the author Stantec Consulting Services Inc. has added necessary Information 2335 W. Highway 36 and where the author has added to or St. Paul, MN 55113 deleted from the original AIA text. TeBLE OF i-ATICLES This document has important legal consequences. Consultation with an 1 GEf ` :RkL PRMSIOMS 8ttomey Is encouraged with rasped to its completion or moacaitkm, 2 O' li'EF; 3 CO"MY.0 iOR 4 ARCHITECT 5 SUPCOP—Ri►C:ORS S COf STRUCTIOF' B V. ;!Eft OR EY 8EPfJU.TE C0`JMCTOF:S 7 CKK,PGEC Is! ME!11OR€, a TIL' E 9 PAW, 041?S AVID COMPLETION 10 PROTECTIOE OF PERSON'S AMD PROPERTY 11 IF#SURAME AND BONDS ',2 UNCOVERIMG AMD CORRECTM OF Mo RK 13 L]SCELLFtMOUS PROAMM'IS 14 TEU1,IMl IM-. OR 8USPE.KSION OF THE COi'r, PACT 15 CLAL.'5 Ae'D DISPUTES Init. MA Uocumam A201"' — 2007. Copyright 01911, 1915, 1918, 1=5.1937, 1957,1958, 1961, 1963, 18613,1970,1978,1987,1997 and 20p7 by The American IrMfift a of Architects. All rights reserved. JTh!s document was produced by AlA sonware at 13:42:15 on 02M714012 under OrderNo.781303M1_1 which spires on 0711212012, and Is not for resale-. Usar Nom: (2037989467) WDEX ('Topics and numbers in bold are section headings.) Aceeptarce of Xorco>nforiibg Work 9.6.6, 9.9.3,123 Acceptance of Work 9.6.6,9.8.2,9.9.3,910.1,9.10.3,12.3 Access Ots Work 3.16, 6.2,I, 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 Casts, Claims for 3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3, 15.1.4 Addit an _+ngmc -ms enc :esdrig 9.4.2, 9.8.3, 12.2.1, 13.5 Additional Inscu'ed 11.1.4 me tionai Tim4, paims fog 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.5 Adrnlnistration o9the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 A_`lowarces 3.8, 7.3.8 All-risk Insurance 11.3.1,11.3,1.1 Applecatio3s far 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 Arhiftatiot 8.3.1, 11.3.10, 13.1.1, 15.3.2, 15.4 4 ArcMzet, 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, 9.10.1,9.10.3,12.1,12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.11 Architect, Limitations ofAuthority and Responsibility 2.1.1,3.12.4,3.12.8,3.12.10,4.1.2,4.2.1,4.2.2,4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.3, 9.6.4, 15.1.3, 15.2 Architect's Additional Services and Expenses 2.4.1, 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.I, 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, 4.2.6,4.2-7,4.111, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.7,7.3.9,8.1.3,8.3.1,9.2,9.4.1,9.5,9.8.4,9.9.1, 13.5.2,15.2, 15.3 Architect's Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5 Architect's Instructions 3.2.4,3.3.1,4.2.6,4.2.7, 13.5.2 Architect's Interpretations 4.2.11, 4.2.12 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor 1.1.2, 1.5, 3.13, 3.2.2, 3.2.3, 3.2.4, 3.3.i, 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, 4.1.2,4.1.3,4.2,5.2,62.2,7,8.3.1,9.2,9.3,9.4,9.5, 9.7, 9.8, 9.9,10.2.6,10.3,11.3.7,12,13.4.2, I3.5,15.2 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, 6.12 AwrrC of Subcont-acta and C~tie- Cc3tracts for D'c_^joas of the Work 5.2 Pas=c Demons 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 Bolder and Machinery Lsuraoce 11.3.2 Bonds, Lien 7.3.7.4, 9.10.2, 9.10.3 3oEds, Perforr"ce, and Pnyn=. t 7.3.7.4, 9.6.7, 9.10.3, 113.9, 11.4 Building Permit 3.7.1 AIA Document AWIT" —2007. Copy & 01011,1916, 1818.19225,1937,1951,1958,1961,1963, 1988, 1970,1976,19B7, 1997 and 2007 byThe American Init. Inuitiu a of Ani. An fahts reserved. 2 1This document was produced by AIA saRware at 13:42:15 on 0210712012 under Order r4o.7913932681_1 which expires on 07/12!2012 and is cwt for resals. User Nous: (2037593457) CapftiLazatlon 13 Certificate of Substantial Completion 9.8.3, 9.8A, 9.8.5 Certzfmto or 'arywe3-t 4.11,4.2.5,42.9,9.3.3,9.4,9.5,9.6.1,9.6.6, 9.7. 9.10.1,9.10.3,14.1.1.3,14.2.4,15.1.3 Certificates of Inspection, Testing or Apps oval 13.5.4 Certificates of Insurance 9.10.2, 11.1.3 Charge 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, 5.23, 7.1.2, 7.13, 7.2, 7.3.2, 7.3.6, 7.39, 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 CI nEge Orders, Definition of 7.2.1 ONAMM, S W -i75X WO -AK 2.2.1, 3.11, 4.2.8, 7,7.2.1, 7.3.1, 7,4, 8.3.1, 9.3.1.1, 11.3.9 kms, Definition of 15.1.1 0,AIMS AND D 1 SPUTES 3.2.4, 6.1.1, 63, 7.3.9, 9.3.3, 9.10.4, 10.3.3,15,15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Add 5md Cost 3.2.4, 3.7.4, 6.1.1, 7.3.9, 10.3.7, 15.11.4 Cleims for AMWjwd Zme 3.2.4, 3.7.46.1.1, 8.3.2, 10.3.2, 0.15 Concealed or UrxnovmConditions, Claims for 3.7A Claims for Damages 3.14, 3,18, 6.1.1, 8,3.3, 9.5.1, 9.6.7,1033,11.1.1, 11.3.5,11.3.7,14.13,14.2.4,15.1.6 Claims Subject to Arbitration 15.3.1, 15.4.1 CeaZ'ag Up 3-215,63 Caanmencement 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 C ommenceme:e- of �Le Work, Definition of 8.1.2 Commanicaiiors Facll tating Cortrrct Admn,dstration 3.9.1,4.2A Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.22, 4.2.9, 8.2.9.4.2,9.& 9.9.1, 9.10, 12.2, 13.7,14.1.2 COi -rM- - 1 iTICN, PAYMMN—F SAND 9 Completion, Substantial 4.2.9, 8.1.1, 8.1.3, 8.2,3, 9.4.2, 9.8, 9.9.1, 9.103,12.2, 13.7 Compliance with Laws 1.6.1,3.23,3.6,3.7,3.12.10,3,13,4.1.1,9.6.4,10.2.2, 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 ConsolidatWi or Join 15.4.4 CONS!"RUC71ON By OWNTA JZ BY S; ?ARAT3 CON"'EUCT^RS 1.1.4, 6 C=strUction Cltza-ge Directive, Definition of 73.1 Construct!= :.hsage irwdves L1.1, 3A2, 3.12,8, 4.2,8, 7.1.1, 7.1.2, 7.1.3, 73, 9.3.1.1 Construction Schedules, Contractor's 3.10,3.12.1,3.12.2,6.1.3, 15.1.5.2 COE-Jrgert Lnigmmmt: of Subcoiitraets 5.4,14.2.2-2 Contindrg Cont *W Perlor":rance 15.1.3 Contrac`Definition of 1.1.2 C1.iT ,S,CT, TERMINATION Mt SUSPENSION OY T 5ALI, 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 Punished and Use of 1.5,2, 2.2.5, 5.3 Cortract aocummts, Definition of LM Camtrrct Scan 3.7.4,3.8,5.2.3,7.2,73,7.4,9.1,9.4.2,9.5.1.4,9.6.7, 9.7,10.3.2,11.3.1,14.2-4,14.3.2,15.1.4,15.2.5 93tract 8•.un, Definition of 9.1 Contract Time 3.7.4, 3,7.5, 3.101, 5.23, 7.2.1.3, 7.3.1, 73.5, 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 Contrret Tlzie, Definition of 8.1.1 CONTRAMPOR 3 Contractor, Definition of 3.1, 6.1.2 Inst. AAADocument A201 TO — 2007. Copyright 01911,1815` 1918,1925, 1937,1951,1958,196111963,1986,1970,1976,1987,1967 and 2007 by TheAmedwn InsdMe of Amh1UwtL AO rights r eser rW. ,. : 3 - on 07!12!2012, and III S not for resale. ..This doarrrrerd was produced byM w twore at 13:42:15 on 02107=2 under Order NOJIM 9328811-1 which eV ires Uaer Notes: (2037593457) Contractor's Co structlon 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, 11.3.7,14.1, 14.2.1.1 Contractor's :.:ability Insurarce 11.1 Contractor's Relationship with Separate Contractors and Owner's Farces 3.12.5, 3.14.2, 4.2.4, 6, 11.3.7, 12.1.2, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2, 11.3.1.2, 11.3-7, 11.3.8 Contractor's Relationship with the Architect 1.1.2, 1.5,3.1.3,3.2.2,3.2.3,3.2.4,3.3.1,3.4.2,3.5, 3.7.4,3.10,3.11,3.12,3.16,3.18,4.1.3,4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7,12, 13.5,15.1.2, 15.2.1 Contractor's Representations 3.2.1,3.2.2,3.5,3.12.6,6.2.2,8.2.1,9.3.3,9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3.1, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor's Review of Contract Documents 3.2 Contractor's night 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 Al 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.I 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, 121 Corre_ati3r, rand Intent of the Cortrect Loc=w:ds 1.2 Cost, Definition of 73.7 Casts 2.4.1, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.7; 7.3.8, 73.9, 9.10.2, 10.3.2,10.3.6,11.3, 111.2, 12.2.1, 12.2.4, 13.5, 14 CaWng and Patc "Eng 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, I1.1. 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 > rte of Comme3ee t of the Plor:r, Definition of 8.1.2 Date of Substantial CompWoc, Definition of 8,1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 15.2, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1,9.2,9.4,9.5.1,9.8.4,9.91, 13.5.2,14.2.2,14.2.4,15.1, 15.2 Dwisions to Wit rho':d Cera- Gmt;ou 9.4.1, 9.5, 9.7, 14.1.13 Defective or Nonoonforraing 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 icstensions of Time 3.2,3.7.4,5.23,7.2.1,7.3.1,7.4,8.3,95.1,9.7, 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 a: tl`.e Site 3.11 3rawiags, Definition of 1,_.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2, 11.1.2 2 -merger -des 10A, 14.1.1.2, 15.1.4 Employees, Contractor's 3.3.2, 3.4.3, 3.8.1,3.9,3.18.2,4-2.3,4.2.6,10,2, 10.3.3,11.1.1,11.3.7,14.1, 14.2.1.1 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, 52.1, 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 trot. Copyright®1911,1815 1818;1925,1937,1951,1958,1981,1993 1x56, 9970,1976.9 887,1997 and 2007 by The Amarum A 9 rperved. InsdWta of Ard�tects. All r�hts ' < " _ ... ! Thirdocument was produced byAlA &AWam gt 13:42:15 on 0210712012 under order Na7813982681_1 wh(eh e*lmes on 0711212012, and le not for resale. User N14": {2037593457) Execution and Progress of the Work 1. 1.3,12.1, 1.2-2,2.2.3, 2.2.5, 3.1, 3.3.I, 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.I,9.7,10.3.2, 10.4.1, I4.3, 15.1.5, 15.2.5 ?allure 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) jAmi3 Com,?letioa and Atal ?aymemt 4.2.1, 4.2.9, 9.8.2, 9.16, 11.1.2, 11,1.3, 11.3.1, 11.3.5, 12.3.1,14.2.4, 14.43 Financial Arrangements, Owner's 2.2.1, 13.2.2, 14.1.1.4 Fire and Extended Coverage Insurance 11.3.1.1 G-71r+.RAL PROVIWONS Coverr.ir=g Law 13.1 Guarantees (See Wanwty) Hazerdous Ya -s 10.2.4,10.3 Identification of Subcontractors and Suppliers 5.2.1 Inde=! icatlon 3.17, 3.15, 9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, 11.3.7 xnfor-at!on and Services wired of the Gwner 2.1.2, 2.2, 3.2.2,3.12-4,3.12.10, 6.1.3, 6.1.4, 62.5, 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 Decisior 152 Initis' 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 Nary or Dcmage to Person or Property 10.7-8,10.4.1 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 I3struments ot 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 :n€ursatce, Boiler and IV achinery 11.3.2 I3surcace, COLtractor's 3, CYlity il.i Insurance, Effective Date of 8.2.2, 11.1.2 :rsurance, Loss of Use 11.3.3 Iasa7acce, Owner's !Aability 11.2 Insurance, Prop". 10.2.5,11.3 Insurance, Stored Materials 9.3.2 JNS'URANCZ AND 30NDS 11 Insurance Companies, Consent to Partial Oompancy 9.9.1 Intent of the Contract Documents 1.2.1, 4.2.7,4.2.12,4.2.13, 7.4 Lftrest r3.6 Iierpre:ation 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.IA Judgment on Final Award 15.42 Labor and W., ataeer:ah, i ;t uipmer=t 1.1.3, 1.1.6, 3,4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6,4.2.7,5.2.1,6.2.1,7.3.7,9.3.2,9.3.3,9.5.1.3, 9.10.2,10.2,1,10.2.4,14.2.1.1,14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5,3.2.3,3.6,3.7,3.12.10,3.13.1,4.1.1,9.6.4,9.9.1, 10.2.2, 11. 1. 1, 11.3, 13.1.1, 13.4, 13.5.1, 13.5.2, 1341, 14,15.2.8,15A 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 Lialiffi y 2.3.1, 3.2.2,3.5,3.12.10,3.17,3.18.1,4.2.6,4.2-7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 10.2.5,10.3.3, i l .1.2, 11.2,11.3.7,12.2.5,13.4.2 Limitations of Time 2.1.2,2.2,2.4,3.2.2,3.10,111,3.12.5,3.15.1,4.2.7, 5.2,5.3.1,5.4.1,6.2.4,7.3,7.4,8.2,9.2,93.1,9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11-1.3, 11.3.1.5, 11-3.6,11.3.10,12A 13.5, 13.7,14, 15 Loss of Use Iasix-aace 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 `rr_aterials, Hrza---Cors 10.2.4,10.3 hilt.AIA Document A201 "' — 2007. Copyright a 1911,1915,1918,19¢5,1937,1951,1938,1961,1863,1988,1970,11976, IOU. IOU and 2007 by The American lnstbAe of Architects. M rights reserved. s on 07112!2012, and is not for resale. This dacwnent was produced byAlA soRware ut 13:42:16 on 02/07/1012 under Order IVa7813932681 1 which expires User Notes (2037693457) 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, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4,14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic's Lien 2.1.2, 15.2.8 14 eea�alion 8.3.1, 103.5, 10.3.6, 15.2.1, 15.2.5,15.2.6,153, 15.4.1 1VLaer Charges in Vie Work 1.1.1, 3.12.8,4.2.8,7.1,7.4 _SCELI-,{IZUS -iYROVIK!D143 13 Modiiicabons, Definition of _.1.� Modifications to the Contract 1. 1. 1, 1. 11, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7. 10.3.2, 11.3.1 Wintcai Respo3sibil9.ty 6.2 No3confor.niag Work, Acceptance of 9.6.6, 9.9.3,123 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,I1.1.3,12.2.2.1,13.3,13.5.1,13.5.2, 14.1, 14.2, 15.2.8, 15.4.1 Notce, Whitten 2.3.1,2.4.I, 3.3.1,3.9.2,3.12.9,3.12.10,5.2.1,9.7, 9.10,10.2.2,10.3,11.1.3,11.3.6,12.2.2.1,133,14, 15.2.8, 15.4.1 Notice of Cleims 3.7.4,1028, 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, 11.3.9,12.1,12.2.2.1,13.52, 14.3.1 OWNER 2 Cwner, Definition of 2.1.1 Owner, Informatlon and Services Required of ae 2.I.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, 113, 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, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2,10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, 12.3.1, 13.2.2, 14.3, 14.4, 15.2.7 Owner's Financial Capabliity 2.2.1, 13.2.2, 14.1.1.4 Owner's LlablEty lnsurEzee 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 Cwrer's Right W Carry Out the Work 2.4, 14.2.2 Owner's' p. '.4 to CleEr- Ua 6.3 Owner's Right to Per_orm Constn etion and to Awed Separate Contracts 5.1 Owt-er's Zght to Stop t1ka V�o k 2.3 Owner's Right to Suspend the Werk 14.3 Owner's Right to Terminate the Contract 14.2 Ownership anC Use of �—ra*!zkp, Saeciffcat ons and Cher "rstrrsnents o. Serv°ce 1.1.1, 1.1.6, 1.1.7,1.5, 2.2.5, 3.2.2, 3.11.1, 3.17, 4.2.12, 5.3.1 ?rrtiWi Occupancy or Use 9.6.6, 9.9,11.3.1.5 Pttehirg, 'Cutting and 3.14, 6.2.5 Patents 3.17 ? ymen; Appiicatiers for 4.2.5,7.3.9,9.2,93,9.4,9.5,9.6.3,9.7,9.8.5,9.10.1, 14.2.3,14.2.4, 14.4.3 P rym =t, Cermeates for 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7,9.10.1, 9.10.3,13.7, 14.1.1.3, 14.2.4 aynent, Failure of 9.5.1.3, 9.7, 9.10.2, 116, 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, I3.7, 14.2.4, 14,4.3 tymert Bond, Perforzarce Be --d and 7.3.7.4, 9.6.7, 9.10.3,11,4 PeymeeNs, Progress 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 ?IVI'�'NI'S AYAND C01V;_L'�'11CN 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 AIA oocwnent /1201 TM —2007. Copyright 61911,1915,1918,1926.1937,1951, 1958, 1981,1965, 7988, 1970,1976, 1987,1897 8nd 2007 byThe Amerlcan Ink indM& of Architects. All rigtds reserved.': ! This doewnerdwas produced byALA software sl 13:42:15 on 0207/2012 under Order No,7813932681_1 which expires on 071122012, and is not for resale. user Nates: (2037593457} Per"_'orrnance goad and ?ayment gond 7.3.7.4, 9.6.7, 9.10.3, 11.4 Permits„ Fees, Notices rad Compliance vita laws 2.2.2, 3.7, 3.13, 7.3.7.4, 10.22 PERSONS AND iPRe< MITY, PRO-zzo cN GF 10 Polychlorinated Biphenyl 10.3.1 K mdtrct Lr°atc,, Definition of 3.2.2 ?roeac. Lata rrd Samples, Sl:oa Drawings 3.11, 3.12, 4.2.7 P_-og'ess art Ctatsple don 4.2.2, 8.2, 9.8, 9.9.1,14.1-4,15.1.3 : ogress Peyxera 9.3, 9.6, 9.8.5, 9.10.3,13.6, 14.2.3, 15.1.3 =rject, Definition of 1.3.4 Project Representatives 4.2.10 Property=asu:'snce 10.2.5,11.3 MO '=10N CF?' IS314S AND i"aCZ' ER'r'Y 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,$.2.1,9.3.3, 9.4.2,9.5.1, 9.8.2, 9.10.1 Repmsentatives 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 Cortrae: Deemxer:s arty dela Codit'oas by Coictraetor 3.2, 3.12.7, 6.1.3 Review of Contractor's Submittals by Owner and Architect 3.10.1,3.10.2,3. I1, 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 Royclties, latents astd Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Selety of Persons and "IhWerty 13.2, 10.4 S fety �'recacttous and Y rngrams 3.3.1, 4.2.2, 4.2.7, 5.3.1,13.1, 10.2, 10.4 Srzples, Definition of 3.12.3 Samples, Stop Drawings, Product Deva ant: 3.11,3.x2,4.2.7 Samples at :tie S'_te, Doenments are 3.11 Sct:edule 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 Slop Dmwhgs, Definition of 3._2.1 Ste? D. awr':gs, 's'roduct Da' a aad S=ples 3.11,3.!7,4.2-7 She, Use of 3.13, 6.1.1, 6.2.1 Site inspections 3.22,3.3.3,3.7.1,3.7.4,4.2,9.4.2,9.10.1, 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 Spec:Fcatlans, Definition of M.5 Speci_eeations 1.1.1, 1.1.6,1.2.2,1.5,3.11,3.12.10,3.17-4.114 Statute ofLimitations 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, 10.2.1.2,102.4 Sulsw3t rctor, Danition of 5.1.1 SJBCONFRA.CTORS Subcontractors, Work by 1.2.2,3.3.2, 3,12.1, 4.2.3, 5,23, 5.3, 5.4,9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.12, 9.6, 9.10, 10.2.1, 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 Sabrogat!on, Waivers of 6.1.1,11.3.7 AIA Document A201 TO —2007. Copyright ®1911,1915.1918,1925,1937,1951, 1958, 1901, 1953, 19M 1970,1970.1987,1997ami 2007 by The Ame*M Inst. fimMAs of Architects. All tights reserved. This domwnent was produced byAIIA sottwom at 13:42:15 on 02107JM2 under OFder No.7a18932681_1 which opIres an ,an s— resale. Lkw Nobs: (20375MS7) Substantia: 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 Sa ntantid C MX%letion, 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-s-j5coL-:ractor, Definition of 5.1.2 Subsurface Conditions 3.7.4 Success."- and Assigns 13.2 S—e-WARIten:ient 3.9, 10.2.6 Supervision and Construction - roeedurres l .2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.7, 8.2, 8.3.1, 9.4.2, 10, 12,14, 15.1.3 Surety 5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7 Surety, Consent of 9.10.2, 9.10.3 Surveys 2.2.3 Saspe:asio9; by :he Owner ;:or Convenience M.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 Y'er_ drua#or by the C=tMactor 14.=, 15.1.6 Ter fine—'or by the �)waer for Cause 5.4.1.1, :4.2,15.1.6 Termination by the Cwcer for Cower!e3ce 14.4 Termination of the Architect 4.1.3 Termination of the Contractor 14.2.2 RItENAT1 N ORSUSIKA NSIDlu OF' '3 CONTRACT 14 Tera and 1.3speetiaas 3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 11.4.1.1, 12.2.1, 13.5 �� 8 T°-.me, Delays arid Ex�ensi3ns 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 Itine :limits oa C -'aims 3.7.4, 10.2.8,-3.7,15.1.2 Title to Work 9.3.2, 9.3.3 .i ra3s&ss'_on of Dr :a in Digital Form 1.6 UNCOVE-UNG AND CCj kUR-V, ' MN OF WO RX 1.2 Uesovering 91 Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Men 7.3.3.2, 7.3.4 Use of Documents 1.1.1, 1.5, 2.2.5, 3.12.6, 5.3 Us_- o" Site 3.13, 6.1.1, 6.2.1 Values, Sched;ie 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 9.9.3,9.10.3,9.10.4,12.2-2.1,13A2,14.2.4,15.1.6 Waiver of Consequential Damages 14.2.4, 15,1.6 Waiver of Liens 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1,1.1.3.7 Wzmaay 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.I, 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 Init. AIA Document A201TM —200'r. Co 2007 by The American Copyright* 5,1998,1826.1937, 195 , 6 1 9870,1976,1987,1997 end InsBf ft of Architects. All rights reserved. 8 This document was produced byAL4 software at 13,42:15 on 0210712012 under Order No.7813982881_1 which expires on 0711212012, and is not for resale. User Votes: (2037583457) JiRTICLE 1 GE`1£RAL PROVISIONS 5.1 BASIC DEFli+llT1O 5 1.1.1 WE COMB CT DCCU% EHTS 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 fin 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, Instruetions to Bidders, sample formes, other information finished 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 COMP= The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the patties 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) bsttween 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 pons 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. § 1.1.8 7NE WORK The term'"Worr 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. 5.1.4'=1HE PROJECT The Project is the total construction of which the Work performed under the Contract Documerds.may be the whole or a part and which may include construction by the Owner and by separate contractors. § 1.1.5 THE DR►EL INS The Drawings are the graphic and pictorial pmtions of the Contract Documents showing the design, location and dimensions of the Work, generally including planes, elevations, sections, details, schedules and diagrams. § 1.1.& "HE SPECIRCATIORS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment; systems, amdards and workmanship for the Waris, and performance of related services. § 1.1.7 IFSTRMMO- S OF SERMCE Instruments of Service are representations, in any medium of expression nowknown or later developed, ofthetangible and intangible creative work performed by the Architect and the Architect's consultants under their ragpective professional services agreements. Instruments of Service may include, without limitation., studies, surveys, models, Wwwhes, drawings, specifications, and other similar materials. § 1.1.8 R -Ir 1AL DECISIM? a.'c ER 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 CORRELATIOV A2D IPTENT OF THE COPTRAV DOCLUXOTS # 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 Goeurnarrt A201 "` — 2007. Copyright 0 1911,1915.1916,1925,1937,1951,1968,1981,1969,1966,1970,1976,1967,1597 and 2D07 by The American MIL Ins2ut9of Architects. All rights reserved. This docvnentvAm Produced byAlAeoft 6m at 19:42:15 on OMM12 under Order Mo.7813932661_1 which expires on 07/1=01 2, and Is not for resale. User Nouse: (2037593457} J 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement ofDrawings 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 Da: uments in accordance with such recognized meanings. § 1.3 CAPITALIZhTIOW Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles ofnumbered articles or (3) the titles of other documents published by the American Institute of Architects. § Wk -r -M PRETATIOV In the interest of brevity the Contract Documents fregi=tly 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 M MERE>'.IP i4ND USE OF DRAMMISS, SPECIFICATIOiiM AM Ci' HER IMISTRWIENTS OF SEREhCE § 1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Seryice, 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 Instrurnents of Service. The Contractor, Subcontractors, Sub4ubcontractors, 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 OF DATA IN DIGITAL FOFLI If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessaryprotocols governing such transmissions, unless otherwise aheadyprovided in the Agreement or the Contract Documents. WrICLE 2 OY ER § 2.1 C -MRAL § P.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, inf rmadon necessary and relevant for the Contractor to evaluate, give notice of or egnforce 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 WT011u_ k_TIOR AFD SERVICES RECVJIREn OF THE O+ -MER § 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 Doctunents 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 ofthe Work or the Tu — 51,1958,1961,1963, ! 966,1974,1976, ! 997,1997 and 2007 by The Amerk= 1911 1915 1918,1925 1937,19 Ink AIA Cecument 2007. p � „ , z _ � Institule of Ard iMxft. M rights reserved. = Exnduosd b}r AIA software at 13'42:15 on 02/07/2012 u f .. This document was oder Order No.7813932581 1 which expires on 07!1212012, and Is not for resele. User 1_btes: (2037SM57) portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially very 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. J 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. § 2.2A The Owner shell furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall famish to the Contractor one copy of the Contract Documents for purposes of malcing reproductions pursuant to Section 1.5.2. 2.3 CUMER'S RIGHT' TO STOP D E 'MK If the Contractor fails to correct Work that is not in accordance with the requirements of the Contrset 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 ofthe Owner to exercise this right for the benefit of the Contractor or any other person or entity, awept to the extent requhed by Section 6.1.3. 1 2A (Y.1: ER'S RIGHT TO URRY 01. THE n ORit 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 deficult or neglect with diligence and prammptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such ease an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cast of correcting such deficiencies, including Owner's expenses and compensation for tate Architect's additional servioes made necessary by such default, neglect or Mure. 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 COEMUXTOR 3.1 GEMERAL § 5.1.1 The Contractor is the person or entity identified as suet in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully Iieensed, ifrequired 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 Dacrments. 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 ofthc Architect in the Architect's administration of the Contract, or by bests, inspections or approvals required or performed by persons or entities other than the Contractor. trait AIA Document A201 — 2007. Copyright ®1911,1915,191 B,1925,1937,1951.1959,1961,1963.1968,1970,1976,1987, 1997 and 2p07 by The American kretituts of Architects. IMI d9hes reeerved. N This doamrentwas produced byAlA soliware at 13:4215 on OM)2012 under Order No.7813932a61 1 which expires an 07112 012, and is not for resale. deer Mtn: (2037598457) § 3.2 REVIE► ! OF CWiRACT DOCUie-15dTS X'D FIELD COI-MITIWS BY CORTRACT'OR j 3.2. i 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.x.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 fiunished 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 ofdiscovering 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. 131.3 The Contractor is not required to ascertain that the Cmtract 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 farm as the Architect may require: 132-4, 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 at requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall make Claims as provided in Article 15. Ifthe 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 bad performed such obligations, If the Contractor pmfiiarms 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 Domrments, or for nanconfmnities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 3.3 SUPERVMOR ARD CONSTiRUCTIOM 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 fir, 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. Ifthe 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 fcu'ther written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or promdures 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 an 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 Itm proper condition to receive subsequent Work. 3.4 LABOR AP'D Z ATERiALS 3A.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. IIIA Document A201 "' —1007. Copyright ®1911,1915,1918, 1925,1937,1951, IM, 1961,1963.1966,1970,1976.1987,1997 and 2007 by The American Wt Institute ofArchbcL& Att rights reserved. iZ r This document was produced byAlAsotiwars at 13:42:15 on 02/07/2012 under order N0.78 13932681J vvhlch a free on 071122012, and Is not for resale. User t:ata$: (2o37SM57) 13.4.2 Except in the case of minor changes in the work authorized by the Architect in accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance a with a Change Order or Construction Change Directive. f 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 armed to them. 13.5 Tnr 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 wan -ants that the Work will conform. to the requirements ofthe Contract Documents and will be free from defects, =cept for chase inherent in the quality ofthe Work the Contract Documents require or permit. Work, materials, or eg6pment not conforming to these requirements may be considered deflective. 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. Ifrequired by the Architect, the Contractor shall fiuuish satisfactory evidence as to the kind and quality of materials and equipment, 3 3.15T S 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 m not yet effective or merely scheduled to go into el%d~ j 3.7 PER!6jn FEES, ROTICES AiM CA:SPI.IMCE MTH LAV48 § 3.7.1 Unless otherwise provided in the Contract Documents, the Comractor 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 oompletian ofthe Workthat are customarily sexxrred after execution ofthe Contract and legallyrequired at the time bids are received or negotiations concluded j 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders ofpublic authorities applicable to performance of the Work. § 3-Y-3 Ifthe 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 responsWflity for such Work and shall beer the costs attributable to correction. § VA Co=cealed w. Urtnown Cord_tions. 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 far 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 condition& The Architect will promptly investigate such conditions and, if the Architect determines that they diMr materially and cause an inc imm or decrease in the Contractor's cost 4 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 ofthe 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. f 3.7.3 If, in the cause 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 than 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 a dsta nce of such remains or features may be made as provided in Article 15. AIA Do=nent A201" --2007. Copyright ®1911, 1915, 1918, '1925,1937,1951,1958, 1961,1968,1916,19711,1876, 1987, 1097 end 2D07 by The Arnerloen Init. kraft& of Architects. M rights reserved- 13 ! This document was produced byAfAsolnware at 1142:115 on 02/D712012 under Order No,78139M61_i which expires on 07M2=12, and is notfor morale. [Isar Notes 037593457} $ 3.8 i,,U.0A!MTES Ul The Contractor shall include in the Contract Sum all allowances stated in the Contract Document& 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 Docunments, A 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 SUPERIk7EWDE;,T 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. 1 U.2 The Contractor, as soon as practicable after award of the Contract, shall finnish in writing to the Owner through the Architect the name and qualifications of a proposed superintwdent. 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 additieual 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. § 3,10CM.MtA6rOR'S CORSTRUC710:I SCHEDULES 1 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 fw 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 perforin the Work in general accordance with the most recent schedules submitted to the Owner and Architect. 3 3.11 DOCI; EIS AP.D Sf PLES 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 1~ 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. InIL AIA Dowrnent A2017m —2W7. Copyright O 1911. 1915, 1915, 4925.1937,1951,1958,1961.19eS,19e5,1970,1978,1987,1997 and 2007 by The AmerI=n InsU649 ofArchiteels. WI rights reservrd. rS f This document was produced byAlA soRware at 18:42:15 on 02!0712012 under Order No.7813952661_1 which errpkm on 0711212012, and Is not for resale. Uew Mous: (2037599457) 3.12 SWOP DR406r!GS, PRODUCT DATA AM SA PLEB 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, manufach=, 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 ofthe 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 Contract 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 Docutnemts in accordance with ihe 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 caiterk related thereto, or will do so and (3) checked and coordinated the information contained within such submittsls with the requirements of the Work and of the Contract Documents. § Mi V The Contractor shall perforin 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 ornissions 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 an 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 am vices in violation of applicable law. If professional design cervices or cerrtifiaatians 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 Comtractorr 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 Inst 'M Document A201- — 2W7' CoWght ®1911, 1916,191% 1925,1937,1951.1958,1951,1063,1966-1970.1076, 1987,1997 and 2007 by The American Umbde ofArchitecta. Ail eights reserved - This doamentwas produced byAlA software at 13:42:15 on 02107/2012 under orderNo.78139Ci2881 1 which expires are 0711212012, and is not for resale. User Notes; (2087593457) 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 infarmatiaa 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 S17E 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 CUT! IM AM PATCHIM § 3.%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 ratting, 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 our 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 R 3.15 CLEl H -MG UP § 3.15.1 The Contractor shall keep the premises and surrounding area free froom 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. § 3.15 ACCESS TO ►�?OR:: The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located § 3.17 ROYWIES, PA -EM kWD 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 sball hold the Owner and Architect harmless from loss on account thereoA but shall not be responsible for such defense or loss when a particular design, process or product of a particular m1mufacturer or manufacturers is rewired 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 fim ished to the Architect. F 3.18In!Dl:-.0FiCATIOA § &18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold Mess the Owner, Architect, Architect's consultants, and agents and employees of any of than 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, sidmess, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. [nit Document A201" — 2007. Copyright ®1911, 191 b 1918,1925 1937.1951, 1958,1981, 1983,1986 1870, 1878 1987, 9997 and 2007 by The American Institcrte ofArchltectL Ail rights reserved.' 1$ This document was roducedb kAsoft em at 13.42: 1 p y 15 an 02!0712012 under Order No.7813932681 1 which empbw on 4711212012, and is not for resele. User Notes: (2037583457} § 3.1 U In claims against any person or entity indemnified under this Section 3.18 by an employee ofthe Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation wider 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 ARCHFECT § 4.1 GERML § 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing architecture in tate jurisdiction where the Project is lceated. 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. 14.1.2 Duties, responsibilities and limitations of authority ofthe Architect as set forth in the Contract Docunatents shall not be restricted, modified or extended without written consent ofthe Owner, Contractor and Architect Consent shall not be unreasonably withheld, 14.1.3 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 wider the Contract De ;wmmeats shall be that of the Architect 4.2 wG UP-1S'i'RdMM OF 711E CORTRACT 4.2.1 The Architect will provide administration of the Contract as descriNd 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, 14.2.2 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 float 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 o4 or responsibility for, the construction means, metheds, techniques, sequences or procedures, or for the safety precautions and programs in coamection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Doc umcnts, except as provided in Section 3.3.1. 3 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 ofthe Work completed, and report to the Owner (1) known deviations from the Contract Documents and front 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, Subomtractors, or their agents or employees, or any other puns or entities performing portions of the Work. I UA CO:wi;q.UMICATIMS FACUTAMIG COWMACT r'hai: k--!MTRATJW Except as otherwise prodded 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. J 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 amotmts. § 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 ofthe 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 A2©171— 2907. Copyright ®1811,19'!5,1818,1925,1937,1951,1958, 1961, 1963,1966,1974,1976,1987,1997 and 2007 by The American [nit. InstEhrte of Architects. r4I1 rim reserved.. ,. 17 n . I This document was produced dy AIA eottware At 13:42:15 on 020712412 under Order No.7813932661 1 which expires 07M2J2oi2 end is otfor an n cam e. Usa Hnhs (2437593457) J 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 limiters 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 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 oonditions 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 9.14; and issue a final Certificate for Payment pursuant to Section 9.10. j 4.2.10 If the Owner and Architect agree, the Architect will provide one or mage 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. § 001 The Architect will interpret and decide matters concerning performance under, andrequirements 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 farm of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful perfarmanee 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 Tire Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.'i4 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 Sl1BCO.,'TRACTORS § Wi DEFii'"ITIMNS § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Week 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 tam "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. § 5.1.3 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. Init.'A tyoeumen1 A201 TO —211117. Copyright C? 1911, 1915 1918, 11125, 7937, !961,1969 1961,1963, 1886,1870,1876,1987,1997 and 2007 byThs American Institute of Architects. Ali riphis reserved. 18 j This document ma produced byAlA nnfWmre at 13:42:15 on o2107f2412 under Order IMo.T81393288!_9 which expiras on 0711212012. and is not for resale. User robs., (20375DU57) 5.2R5MD OF SUBCOP'TRACTS A,10 OTHER COiI RIACTS FOR PORT100S OF THE ! opie, 8 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 f fticated 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. 1522 The Contractor shall not contract with a proposed person ar 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. 6 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 Sutra 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 bas acted promptly and responsively in submitting Haines as required. f 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. 6 5.3 SUBCOPTRACTU ..L REVJ107�S 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 safely 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 Ardiitect 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 shah allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contract 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 stake available to each proposed Subcontractor, prior to the execution ofthe 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 Coact Doccanents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. 5.4 CO ,Th GEPT ASSIG�- : E 1T OF SUBCONTRACTS 5.4.1 Each subcontract agreerne nt for a portion of the Work is assigned by the Camtractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner fur 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 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner aocepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations under the subcontract. § 5.4.2 Upon such assigument, 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. J 5.4.3 Upon such assignment to the Owner under this Section 5A, the Owner may fur*er assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a succencr contractor of other entity, the lnit. AM Document A291 "' — 21107. Copy ftht O 1911, 1915,1918,1 t125, 1937, 1951. 1958,1961.1963,1966,197x,1976, 1987,1987 and 2007 by The American inet@ute of Arch[tects. All manna reserved. S This dauaaent was produced byAU1 soacrrere et 13:42:15 an 02D712012 under Order No.7813832881_1 which eVires ao oi112.2012, and is rWar resale. thw Nota$: (2037593457) Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract. AFMCLI_ 6 COVSTRUCTIOu V 0140ER OR BY SEPARZE CO:IMMORS f 6.1 OYMER'S RIGF_T TO PERFOW. CONSTRUCTIO'1' X!D TO AF14RD SEP TE CO:.TRACTeu § 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 ofthe Project or other construction or operations on the site, the terra "Contractor" in the Contract Documents in each case shall moan 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 atter a joint review and mutual agreement. The construction schedules shall theca 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 flue some rights that apply to the Contractor under the Conditions of the Contract, including, without excluding others, those staffed in Article 3, this Article 6 and Articles 10, 11 and 12. § 6.2'aUML RESPW.SIBILITY § 6.2.5 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and perrbrmanee 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 fur 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 de%cts 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 oomtruction 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 defeetive 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. § 62.5 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 Or`' 'ER% 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 clear up and the Architect will allocate the oast among those responsible AIA Document A201 n —2007. Copyright V 1911,1915,1918,1925,1937,1951.1958 1861,1963,1906,1970,1978,1987,1997 and 2007 by Ths American Init. Instlhde ofArchhecia. All rights reserved. - This doaanentwas produced byAlA software at 13:42.15 on 02M712012 under Order No.7813932861-1 which expires on 07112@012, and Is not for resale. User Dates: (2037593457) ARTICLE 7 CHAFES P THE ti!ORK § 7.1 GEVERAL § 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 m the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contrail 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 agreod to by the Cmtractor; 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 Clik-W ORDERS § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect stating heir 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 COPSTRUCTIG-1 CHXiIZGE DIRECT MES § 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 Contra 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 consiff ing of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly, 17.32 A Construction Change Directive shall be used in the absmce of total agreement on the terms of a Change Order. § 7.3.3 If the Conshw ion 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 it lump sum properly itemized and supported by sufficient subsuntb6ng data to permit evaluation; 2 Unit prunes 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 73.7. § 7.3A If unit prices are stated in the Conftd Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Usage 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 173.5 Upon receipt ofa 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 Camstruction Change Directive signed by the Contractor indicates the Cmttador's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such amt 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 Init. AIA Document A201 *e — 290T. Copyright a 1911, 1915. 1916, 1925, 1937, 1851, 1956, 1961, 1963, 19W, ISM. 1976, 1967, 1987 end 2W by The American hat1b to orArehiteds. Art rrphts reserved. - - 21 This document" produced byAlAsoth vwe at 13:42:15 on 02li17R012 under Order No.79139328a1 1 WIblch expires on 07M 2/2012, and is not for resale. User Notes: (2037593457) 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 Casts ofpremiums for all bonds and insurmnce, 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. § T.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 Cansttuction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for diose costs and certify for payment the amount that the Architect determines, in the Architect's proibssional judgment, to be reasonably justified. The Architect's interim deternnination 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 b.;, 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. § TA A-e!OR CHAWGES M 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. A iICLE B TIME § 8.1 DEFT AN10 % § 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. § 8.1A The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 FROGRESS ARD CO. PLETIM § 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 Corotraetor 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 1 I 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. Init. AIA nogrment A20i" — 2097. CoWgtrt ®1911, 18151918. 11925, 1937, 1951, 1958, 1961, 1983, 1966, 1970,1976,1987, 1997 and 2607 by The American lnAtute of Architects. All rights reserved. 2 his document was produced by AIA sD wara at 13:4215 on 02!0712012 under Order Na7813932681_i which aVires on 07112!2012, and is not for resale. User]otes: (2037593457) § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Tune. 8.3 DELAYS AFM MEMIORS OF THE § 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 Iabor 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 tirue 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, i 3RTlGLE 9 PAYaMcFiS �D CO +I.PLETIOI. f 9.1002TRACT SUS, The Contract Sum is stated in the Agreement and, including authorized adinstmeuts, is the total apmount payable by the Owner to the Contractor for peaformance of the Work under the Contract Documents. 19.2 SCHEDULE OF VALUES Wbe"c 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 ofthe 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 kPPLICATIORS FOR PAY,- ENR § 9.3.1 At least ten days before the date established for each progress payment; the Contmaor shall submit to the Architect an itemized Application far Payment prepared in accardanae with the schedule of values, if required under Section 9.2, for completed portions of the Work. Such application shall, be notarized, ifrequirel, and supported by such data substmadating 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 retautage if provided for in the C=ad Documents. § 9.3.1.1 As provided in Section 739, 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 fiar 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 Werk has been performed by others whom the Contracbm 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 sadsfacto y to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's ingest, and shall. include the costs of applicable insurance, storage and transportation to the site for such materials and equipment starred 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 Iota than the time of payment. The Contractor further warrants that upon submittal of an Application far payment all Work for which Certificates for Payment have been previouslyissued 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 [nitAIA Document 14201lu — 2907. Copyright O 1911,1915, 1919,19'15, 1937, 1951,19M,1981,1963, 1996,1970,1976,1987,19.97 end 2007 by The Amerimn lruftft of ate. All righft reserved. . - 23 This doe rnent was produced byAlAsaltwere at 13:42:15 on CIMM1M2 under order No.7813932681 1 which e:plres vn 07/1211012, and Is not for resale, User Nobs: j2D37593457j encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making it claim by reason of having provided labor, materials and equipment relating to the Wort. § 9.4 CERTIMPTES FOR PAW. -Miff § 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application far Payment, either issue to the Owner a Certificate for Payment, with a copy to the Caartractor, 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 DECkSIOP'S TO ' -JRiiHOI-Ja CERTIFICATIM § 6.5.7 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 fnr 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 Epping of such claims unless security acceptable to the Owner is provided by the Contractor; ,3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or 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 Sul~contraetor or material or equipment suppliers to whom the Contractor finked to ir_aL•e payment far Work properly performers 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 PAWiEM. § 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. Inst. AIT �u�t'�iTM — 2007. CopyrlOfrt ®1911,1815,1918,1925,1937,1951,1958,1961,1963,1@68,1@T0,1978, 1967, 7987 and 2007 by The Amwkm Instltute of Archbacta. CJI rights reserved. 24 1 dodsrrOrd was roduced AIA so ( p by frware at 13.42.15 on 02!07!2012 under Order No. 7813@32661_1 which evires on 07112f2012, and Is noticr resale. usert?otos: (2037593457) § 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 Suboontractor'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. § 5.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable; inf+mmatien regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account ofportions of the Work done by such Subcontractor, § 5.6.4 The Owner has the right to request written evidence fig the Contractor that the Contracw 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 Subiwntractors 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. § 5.6.5 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 constibtte scoeptance 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 ac =mt and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability an 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 Fc JIW. RE OF PAY67MVT If the Architect does not issue a Certificate for Payment, through no fiuh 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, thea 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 Contrad Tare shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable canis of shut -down, delay and start -tap, plus interest as provided for in the Contract Documents. § E.8 SUBS7A0W COMPLETIOR § 9.8.1 Substantial Completion is the stage in the progress of flee 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. 19.6.? 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 concocted prior to final payment. Faihtre to include an item an such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 5.6.3 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 deftimine Substantial Completion. Init. ARA Document A201TM —2007. Copyright 6 t911,1915, 1918,1925,1937,1851,1858.1981, 1963,1966,1870,1976, 1887,1997 and 2007 byiha American Inoftite ofArchitects. All rights reserved. 25 j This doeu udwas produced byAlAsoftwom at 13:42:15 on 0210712012 under Order No.7813892881_1 which expires on 0711212012, and is not for ressle. User Not": (2037595457} I 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, utilitica, 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 ofresponsibilities 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 snail be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 PARTV.L ACCURPdZY 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.$.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, ifno agreement is reached, by decision of the Architect. § 9.9.2 Immediatelyprior 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. § S.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Weak not complying with the requirements of the Contract Documents. § CAD MAL M-', PLETIM! VD FHAL PAY6EP.T § 9.4.1 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 visite and inspections, the Work has been completed is accordance with teams 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. § 9.1 Q.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 r=a!n 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), ifrequired 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 fiir ish a release cc 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 stall refimd to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees, 1881,1963, 1986 1970,1976, 1987, 1987 gnd 2f)07 b Init Institute of Architects A'1 righU rsoerved. ALA Daeumant y The American 26 j This docrsnanrwas produced byALksoftware at 13:42:15 on 02F0712012 under Order No.7813932661_1 which spires on 07M 2/2012, and is not for reasle. User Motes: (2037593457) 1 9.10.3 If, after Sural 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 liar Work not fully completed or oa arcted is less than retainage stipulated in the Contract Dacutnents, and if bonds have been fumislied, 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, kept 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. g i 0.5 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. .RACLE 10 PROTECTIM! OF PERSO:S AAI) PROPEW 110.1 SAFETY PRECAUT1OM AMD PRDGRk4 S The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the rmance of the Contract. § 10.2 SAFEtY OF PERSO-S iAD PROPER; ' 1021 The Contractor shall take reasonable precautions for safety of, and shall gide reasonable protection to prevent damage, injury or loss to .1 employees on the Werk and other persons who may be &Mcted thereby, .2 the Work and materials and equipment to be incorporated therein, whether in storage on or offthe 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. 110.2.2 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. $ W23 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. 110.2.4 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 Tlic Contractor shall promptly remedy damage and loss (other than damage or loss insured under property, insurance required by the Contract Domments) to property reti=ed to m 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 far whose acts either of than 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. IML AU► Document @201"— 2e07. Copyright @ 1911,1915,1818,1925,1937,1561,1953, len 1963, 1965, IM. we, 1987, 1997 end 2007 by The Amertcen YrsMute ofArchnecis. All rights reserved. 27 j This dooument was produced by AA sofbrmm at 13:42:15 on MWM2 under Order Na.7313932681_1 Which expires on 0711212012, and is not for reaaie. User Notes [2t137590457j § 10.2.8 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 MURY OR OX 'AGE TO PERSOM 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 legallyresponsible, 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 math. § 10.3 UZARDOUS '.--ATEMLS § 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. § 101P Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence ofthe 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 casts 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 firrm 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 bythe 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. § 10.3.8 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. § i0.3.6 K 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 Documnt A291n' — 2t37. Copyright ®1911,1915,1918,1925. 1937,1951,1958,1961,1963. 1966. 1970,1076, 1987,1997 and 2007 by The Amertcen Intl. Ins6tule MArchihecte. All rights reserved. 2$ � This document was prodwed byAlA software at 13:4215 on 02!0712012 under Order No.7613932681_1 which e)plres on 07/12*012, and Is notfor resale. User Notre. (20375934$7] § 10.4 E riERCEMCIES In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or lass. Additional compensation or extension oftime claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 U-3URWME AiM 13OWS 11.1 CON'TRACTOR'S LIABILITY MURARCE § 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfidly 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 tinder the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 Claims under workers' compensation, disability benefit and other similar employee benefit acts that are applicable to the Work to be performed; .2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; .4 Claims for damages insured by Casual personal injury liability coverage; .5 Claims for damages, other tbaa 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 M.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 occur7rermce or claims -made basis, shall be maintained without intemiptim fiom the date of cmnmencenmeot of the Work until the date of final payment and termination of eery 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 coveragc as specified in the Contract Documents. § M1.3 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, WWI be submitted with the fuel 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 conomning 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. § 11.1A The Contrackor 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 MUMS LIABILITY WSURAHCE The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Cute AIA Goeumsnt A201"-2007. Copyright ®1911,1915,1918,1925,1937,1991,168, 91961,1968,1986,1870,1976,1967,1997 and 2007 by The American Institute of Architects. All rights reserved. 29 t:.- . -- - This documentwas produced byAlAiollwwe at 1SA2:1Son 02A712012 under Order No.7813932681_1 which expires on 07112ix012 ;-n Is not for resale User Notes: (2037589457) 1'1.3 PROPERTY IWSURkTE § 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 SIzm6 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 fmal 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 ofthe 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 mischie4 collapse, earthquake, flood, windstorm, falsework, testing and startup, tmnparary buildings and debris removal including demolition occasioned by enforcement of any applicable lege] requn maents, 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 Ifthe Owner does not intend to purchase such property insurance required bythe Contract and with all ofthe 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. Uthe Contractor is damaged by the failure or neglect of the Owner to purchase or maintain hmmince as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable casts properly attributable thereto. § 71.3.1.3 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 ofthe Work stared off the site, and also portions ofthe Work in transit. 111.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company c r 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. g 11.3.2 BOILER .MD i J1VVERY VSURAiXE 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. C,. 11.3.3 LOSS OF USE li'CW:eCE 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 hrom those insuring the Project, or if after final payment Inti AIA Doeumod A201TM —2097. Copyright V 1911,1915,1919,1925,1837,1951, 1856,1961,1968, low, 1970,1876, 1967, 1997 and 2007 byThe Amerloan Institute of Archltects. All rights reserved, 30 ! This docEmeolwas produced byAlAsoitware at 13x12:15 on 02107/2012 under OrdarNa.7513932681 T which expires on 07112/2012 and Is not for reeds. User NOW: (7037593457) property insurance is to be provided an the completed Project through a policy or policies other than those inmW ng the Project during the construction peried, the Owner shall waive all rights in accordance with the terms of Section 11.3.7 for damages caused by fire or other comes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. IN 11.3.8 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. EW1 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 }_ ' VERS OF SUBROGr �TIOM The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub -subcontractors, agents and employees, each ofthe other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any oftheir 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 subrugation shall be e5ctive 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. 111.31 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 shaves 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. 111.3.9 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, 'Ile cost of required beards 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 Agreememt between the Owner and Contractor. If after such loss no other special agreement is trade and unless the Owner terminates the Contract for convenience, replaceanent 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 obj ed in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection is grade, the dispute shall be resolved in the marmer 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 small make settlement with insurers or, in the case of a dispute over distribution of insurance proceeds, in accordance with the directions of the arbitrators. 11A PERFORM_ -JW --.E BOF -'D MiM PAYH-8,7 BOWD # 11A1 The Owner shall have the right toregaire the Contractor to furnish bonds covering faithful pat ante 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 I I I Al 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 Dowmant A201--2007. copyright ®1911,1815,1916,1925, 1937,1 ti61.19ba,1951. 1963, 1966, 1970,1978, 1987,1997 and 2007 by The Amerk m IRIt Yesduete of Mhlteots. WI eights r®serrad.31 r on N2J2 This document was produced by A[Asof we et 13:42:15 on o?16712012 under order ND.7613932581_1 which spires USW tJotOs:012, sod is not for rule. (2037693" ARTICLE 12 UPCOVERI.113 XM CORRECT102 OF }PORI[ 12.1 U�MVERIi G OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. J 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 CORRECTIOV OF tMRK § 12.2.1 BEFORE OR AFTER SUBSTiyMAL COur'LEl1M.- The Contractor shall promptly correct Werk rejected by the Architect or Ming 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 AF. -ER SUBSTAKI IAL COLIPLETIOI.' # 12111 In addition to the Contractor's obligations under Section 3.5, it within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement ofwairanees 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 atter 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 fairs 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 Omer may correct it in accordance with Section 2.4. 112.2.2.2 The ane -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 § 12.12.3 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. 112.2.3 The Contractor shall remove iron 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 orseparate 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 fDr 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. NtA Docwnw ! A201 "' — 2007. Copyright (31911, 1916, 1910, 1925,1937,1961,1958,11961, 1903. low 1970, 1976, 1567, 11997 and 2007 by The American Instldde ofArchfiecta. All rights reserved.32 1 This documerd was produced byAIA software at 13:42:15 on 0210712012 under Order No.7613932681 1 which expires on 07112!2012, and Is not for renals. User Novas: (2037593467) J 12.3ACCEPTPJME OF NOWCONFOW,11I M rVMK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do ss, 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 MMELLA2!.EO1JS PROMBIOhS J 13.1 GOVEI'PUG UM The Contract shall be governed by the law of the place where the Project is located except that, ifthe parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4. § 13,2 SUCCESSORS AMM ASSIG-0s 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 consen% 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 Doci=ents. The Contractor shall execute all consents reasonably required to facilitate such assigunicsi . § 13.3 �-,tRMR t?'0'7ICE Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the fam 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 can ier service providing proof of delivery to, the last business, address Imown to the party giving notice. 13.4 RIGHTS ACED RE 3EDIES 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 ofduties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or fBilure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded than under the Contract, nor shall such action or facture to act eonsdu to approval of or aeWiescmoo in a breach there under, except as may be specifically agreed in writing. 13.6 TESTS MI) %'SPFCTIO 5 13.5.4 Tests, inspections and approvals ofportaions of the Work shall be made as required by the Contract Documents and by applicable laws, statuses, ordinances, eades, 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 requireoxnts until ager bids are received er 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. 3 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 trent the Owner, instruct the Contractor to malre arrsaWmients for such additional testing, inspection or approval by an entityacceptable 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 icor such procedures. Such costs, except as provided in Section 13.5.3, shall be attire Owner's expense. 113.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal Uwe of the portions of the Work to comply with requirements established by the Contract Documents, all costs madenecessary, by Inst. AIA Document 11201 TM — 29U. Copyrlgtd 01911,1915,1918,1925,1937,1951,1958,1961,1863,1986,1971,1976,1987,1997 and 2007 by The Arnedcan lndfkde of Architects. All rights reserved. 33 This document was . , .. ., • - E - produced by AIA software at 13:42:15 on 02107r2D12 under order Na7813932fi81 1 whkfi expires on 07112!2012, and Is not far weals. — User Not": (2037593457} 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. § 53.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.6MEREST 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 thedrwZ at the legal rate prevailing from time to time at the place where the Project is located. § 13.7 TILFE LI.:.rS W CLUMS The Owner and Contractor shall commence all claims and causes of actio, 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 setected 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. MRTCLE 14 TERi_'liINATIOX OR S4SPEr SLOP OF THE M-771RACT 14.1 TBIMNATION BY - `FtE CM!TIVCTOR 14.1.: The Contractor may terminate the Contract ifthe 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 thatrequires all Work to be stopped; .2 An act of government, such as a declaration ofnational emergency that rewires 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 A The Owner has failed to fitrnish to the Contractor promptly, upon the Coaxtractor's request, reasonable evidence as required by Section 2.2.1. 14.1.2 The Contractor may terminate the Contract it 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. § 1.1.3 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. § 14AA 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 our employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fiilf€11 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 Ownr as provided is Section 14.1.3. Init. MA Ducurinent A20118 — 2997. Copyright * 1911,191b 1918,1105.1937.1951.195% 1901,1963,1985,1970, 12761MT. 1997 and 2007 by The Amedcerr iruiitule of Architects. All rights reserved. F - 34 :. This document was produced byAiA software at 13:42:15 an 0719712012 under Order Na.7813932681_1 which empires an 07A W2012, and is not for resale. Ussr Votes: (2037593457) J 14.2 `il U ATION BY THE OWER FOR UME 114-11 The Owner may terminate the Cmtract if the Contractor .1 repeatedly refuses or fails to supply enough property 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 atter giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may, sul&ct 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 therew owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatrver 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. § 1423 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. f 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Warr, including compensation fur 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 wive termination of the Contract. J 14.3 SUSPE}!SIOR BY TKE OW0ER FOR CONISHN CE I 14.3-i 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, I 'i 4.3.2 The Contract Sum and Contrad Time shall be adjusted for increases in the cost and time caused by suspension, delay or irderruption 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 pafwmance 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 TER61itIATIOP.1 BY THE O': .k.ER FOR COQMERIEiTE 14.4.1 no Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. 3 14.4.2 Upon receipt of written notice from the Owner of such tc rail ation 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. Init AIAGoewnent 11201 s. — 2007. Copyright 61911, 1915, 1919. 1885, 1937, 1951,1958,1961.1963.1966,1970,1976,1987, 1997 and 2007 by The American to ltute or Architects. All righh rsrfervad. ! .- 35 _ an D7112�2012 nd „ fe not 1rx reThis document was ptodured byAW soffinre at 13:42:15 on 0=12012 under order No.781393is81 1 which exptw asale. — War Notes, t20375934M ARTICLE 15 CWLS APD DISPUTES § 15.1 CLA6S 16.1.1 DEFT ITIO +1 A Claim is a demand or assertion by one of the parties seddng, as a matter ofright, 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 'i5.1.2 RCTICE OF CLAI -S Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the hmitial 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. § 1-5.1.3 CON710UNG COVITRACT PERFOK; -AHCE 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. § WsA CLAL S FOR i.DDITIOML 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 CLALS FOR AWITIO KL T6E 15.141 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 Clain 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 CLW.-: S FOR COQ SE[ZUENTIM►L 09 -.—AGES The Contractor and Owner waive Claims against each other for consequential damages arising out ofor 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 ofmanagement or employee productivity or ofthe services of such persons; and I damages incurred by the Contractor for principal office expense$ including the compensation of personnel stational 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 panty's termination is 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. § 15.21- ITIAL DECISIOR § 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 Malo, 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 Malo and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. Inst AIA Document A201" — 20117. Copyright ®1911,1915, 1918,1925, 1937,1951,1958,1961,1983,1966,1970,1976,19x&7,1997 and 2007 byThs American .. Ir>stlttrtB of Arcltlhects All rights raeeryed... . a r: ', 36 f This document was produced byAlA software at 15:42:15 an 02107!2012 under Order WL78138 81 1 which expires on 0711212012, and is not for resale. User Notes: (2037593457) J 15.2.2 Tice initial Decision Maker will review Claims and within ten days of the receipt of a Claim tape 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 fi foamstion 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. § 15.23 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 Clain or to fmnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Dedsion Maker when the response or supporting data will be furnished or (3) advise the Initial Decisions Maker thatno 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. § 16.2.5 The Initial Decision Maker will reader 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 1he 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 r=lution. E 15.2.0 Either party may file for mediation of an initial decision at any time, subject to the terms of Seddon 15,2.6.1. § 55.2.6.1 Either party may, within 30 days- from the date of an initial decision, demand in writing that the other party file far 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 ofa Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, ifany, 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. g 15.2.8 If a Claim relates to or is the subjed of a mechanic's lien, the Party asserting such Claim may prod in accordance with applicable law to comply with the lien notice or filing deadlines. § 55.3 NEDlwr7i} ' § 15.5.1 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 resolutions. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered bythe American Arbitration Association in acoordanoe with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing ofbirndiang 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 fur later proceedings. Wt. AIADocument A20170 — 2007. Capyripht 01911,1916.1918,1925,1937,1951,1958, 1961, 1963.196,19M 1976,1967, 1997 end 2007 by The American i edute of Architects. A0 rigida reserved. € , 37 This document was produced1392:1- 7 on 07/12/2012 and is mot for! p byAU� 6 on 02A)7l2012 under order Na.761993288i_1 which elr es teas s. Weir Rohs: MV593167) I 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 ARBITRATIO? § 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 undo applicable law in any court having jurisdiction thereof. § 15.4,4 COASOIJDATM! OR JOINDER § i 5.4AA 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 f ict, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15AA2 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 1, 1915, 1918,1925, 1937,1951,1958,1961, 1963, 1988, 1970,1876,1987, i987 and 2007 byThe American 1:1it. AIA Document A201 TM — 2�7.Copyright Inefto of Arehiteeta, All rights reearved.' $$ ! This domment was produced by AIA software at 13:42:15 on 02107MI2 under Order No.7813932B81_1 which expires on 0711212012, and is not for resale. Wer Motes: (2037583457) DOCUMENT 00 73 05 SUPPLEMENTARY CONDITIONS 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 Following 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 otherwise 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. �fv SUPPLEMENTARY CONDITIONS © 2012 Stantec 1193802201 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 7.3.7, 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 claire." 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 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. ARTICLE 10 - PROTECTION OF PERSONS AND PROPERTY 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: "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." SUPPLEMENTARY CONDITIONS © 2012 Stantec 1193802201 007305-2 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. Worker's Compensation Insurance Coverage A - Statutory Coverage B - $500,000 Each Accident $500,000 Disease - Policy Limit $500,000 Disease - Each Employee 2. Commefdal 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. 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 Contractor shall purchase and maintain, in a company or" SUPPLEMENTARY CDNDMONS © 2012 Stantec 1 193802201 007305-3 ARTICLE 15 — CLAIMS AND DISPUTES A. Add the Following to Subparagraph 15.1.5.2: Data substantiating abnormal weather conditions shall include at a minimum local US Weather Bureau Climatological Reports 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. END OF DOCUMENT SUPPLEMENTARY CONDITIONS © 2012 Stantec 1 143802201 007305-4 SECTION 01 10 00 PART 1 GENERAL 1.01 SECTION INCLUDES A. Basic description of the Project and Work restrictions. 1.02 SUMMARY OF WORK A. Project Name: New Hope Public Works Facility Office Renovation Project, City Improvement Project No. 902, for the City of New Hope, Minnesota. B. Description of Work: In general, Project Work consists of removal of gypsum board and vinyl wallcovering at selected areas in the office areas, installation of new gypsum board with painted finish and/or vinyl wallcovering, installation of new oak chair rail at selected wall locations, replacement of flooring in selected areas including resilient flooring, ceramic tile and/or carpet, installation of ceramic tile on selected wall areas, removal of concrete floor slab and installation of new concrete floor slab with floor drain, and re -install existing casework in the office portion of the New Hope Public Works Facility. 1.03 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment: 1. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Bid. 1.04 COMPLETION DATES A. Substantial Completion: April 27, 2012. B. Final Completion: May 11, 2012. 1.05 LIQUIDATED DAMAGES A. Liquidated damages shall be assessed in the amount of $500 per day beginning Monday, May 14, 2012. 1.06 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 © 2012 Stantec 1 193802201 011000-1 B. Access to Sites: 1. Contractor shall coordinate with Owner. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION SUMMARY © 2012 Stantec 1 193802201 011000-2 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART1 GENERAL 1.01 SECTION INCLUDES A. Administrative and procedural requirements for pricing of Work and request for payment procedures. 1.02 ALTERNATES A. This article identifies each Alternate by number and describes the basic changes to be incorporated into the Work as part of that Alternate. Refer also to the Specifications and Drawings for information. 1. Alternate No. 1: Materials and labor necessary to remove existing concrete floor slab and mop sink in Janitor 128. Remove soil below slab as necessary to expose drain waste piping under mop sink, modify waste piping to add new floor drain in center of room and add cleanout upstream of new floor drain. Install new 4" concrete floor slab per Section 03 30 13, and install new CT -1 floor tile and new CT -2 ceramic base file per Section 09 31 13. Re -install existing mop sink and provide silicone sealant between mop sink and floor tile. 2. Alternate No. 2: Materials and labor necessary to remove existing concrete floor slab in Women 129 and Men 130. Remove soil below slab as necessary to expose to expose waste piping at water closets and modify waste piping to add new floor drain in each room. Install new 4" concrete floor slab per Section 03 30 10 and install new CT -1 floor tile per Section 09 3113. 3. Alternate No. 3: Materials and labor necessary to remove existing vinyl wallcovering to ceiling on all wails where gypsum board has been removed in Hallway 107, Hallway 113, Hallway 114, Work Room 115, Print Room 117, Hallway 124, and Hallway 132. Install new gypsum board as specified to infill where existing gypsum board has been removed with shimming where necessary, skim coat over entire wall surface, and install paint system GB -1. 4. Alternate No. 4: Materials and labor necessary to install carpet tiles and carpet base as specified in Section 09 68 13 in lieu of broadloom carpet and carpet base as specified in Section 09 68 16. 1.03 LUMP SUM A. Unless specifically noted as an Alternate Bid Unit Price Item or Bid Unit Price Item, all Work shall be included in the Lump Sum Base 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. 1.04 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. PRICE AND PAYMENT PROCEDURES 0 2012 Stantac 1193802201 012000-1 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 Not Used. END OF SECTION PRICE AND PAYMENT PROCEDURES 9) 2012 Stantet - 193802201 012000-2 SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION PART1 GENERAL 1.01 SECTION INCLUDES A. General requirements for overall Project coordination. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment: 1. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Bid. 1.03 UTILITIES A. Notify Gopher State One Call before starting construction in a given area requesting utility locates in the Site. B. Project Utility Sources: Coordinate Work with the following utility owners. The following utilities are known to be on the Site and are shown on the Drawings in a general way: 1. Water: Owner. 2. Sanitary Sewer: Owner. 3. Storm Sewer: Owner. 4. Electric: Excel Energy/City of Waseca. 5. Gas: CenterPoint Energy. 6. Telephone: Qwest Communications. 7. Cable TV: Media Com. C. Owner requires a 48-hour notice for all utility interruptions. W47511iff 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 shall be paid for by the Contractor, D. The Contractor shall make all arrangements. 1.05 PROJECT MEETINGS A. Administrative Requirements: 1. Project Superintendent or persons designated by 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. PROJECT MANAGEMENT AND COORDINATION O 2012 Stantec 1 193802201 013100-1 2. Engineer will set the time, sites, and prepare 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 to subcontractors. 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. L 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. 1.06 CONSTRUCTION SCHEDULING A. Coordinate access to Site with City to ensure access to the facility is maintained. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PROTECT MANAGEMENT AND COORDINATION © 2012 5tantec 1193802201 013100-2 SECTION 01 33 00 SUBMITTAL PROCEDURES PARTE GENERAL 1.01 SECTION INCLUDES A. General procedures and requirements for submittals during the course of construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment: 1. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Bid. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 PRODUCTS Not Used. 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 DRAWINGS A. Contractor shall submit a list of shop drawings for project for Architect approval. Revise list as required by the Architect. SUBMITTAL PROCEDURES Q 2012 Stantec 1 193802201 01 33 00 -1 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. 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. SUBMITTAL PROCEDURES © 2012 Stantec 1193802201 013300-2 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. H. 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 0178 36. END OF SECTION SUBMITTAL PROCEDURES © 2012 Stantec 1 193802201 013300-3 SECTION 01 60 00 PRODUCT REQUIREMENTS PART1 GENERAL 1.01 SECTION INCLUDES A. Basic requirements for products used in the Work. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment: 1. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Bid. 1.03 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. 1.04 PRODUCT SUBSTITUTIONS AND "OR -EQUAL" PROCEDURES A. Procedures During Bidding: 1. Conform to the requirements of the individual Specification Sections. 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. PRODUCT REQUIREMENTS © 2012 Stantec 1193802201 016000-1 1.05 SUBSTITUTE ITEMS A. Procedures During Bidding: 1. Conform to the requirements of the individual specification sections. 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 Not Used. 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. PRODUCT REQUIREMENTS © 2012 Stantec 119sRn2201 016000-2 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. 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. 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. END OF SECTION PRODUCT REQUIREMENTS © 2012 Stantec 1 193802201 016000-3 SECTION 01 70 00 EXECUTION REQUIREMENTS PART1 GENERAL 1.01 SECTION INCLUDES A. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment: 1. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Bid. 1.03 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. PART 2 PRODUCTS 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. EXEaMON REQUIREMENTS © 2012 Stantec 1 193802201 017000-1 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. D. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 SITE MAINTENANCE 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. 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. 3.04 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. B. Clean and perform maintenance as frequently as necessary throughout construction period. Adjust and lubricate operable components to ensure operability without damage effects. 3.05 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. 3.06 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. EXECUTION REQUIREMENTS © 2012 Stantec I !:9'AAn?1ni 017000-2 3.07 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. 3.08 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. END OF SECTION EXECUTION REQUIREMENTS © 2012 Stanter 1 1 WAR077m 017000-3 SECTION 01 78 23 OPERATION AND MAINTENANCE MANUALS PART1 GENERAL 1.01 SECTION INCLUDES A. General procedures and requirements for Operation and Maintenance Manuals. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment: 1. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Bid. 1.03 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. PART 2 PRODUCTS 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 small include record OPERATION AND MAINTENANCE MANUALS 0 2012 Stantec 1 193802201 01 78 23 -1 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. 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. B. 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. END OF SECTION OPERATION AND MAINTENANCE MANUALS © 2012 Stantec 1193802201 017823-2 SECTION 01 78 36 WARRANTIES PART1 GENERAL 1.01 SECTION INCLUDES A. Warranties for the Work of this Project. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment: 1, All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Bid. 1.03 SUBMITTALS A. Bind in commercial quality, 8-1/2 inch by 11 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. 1.04 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. 1.05 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. WARRANTIES 0 2012 Stantec 1193802201 017836-1 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. 1.06 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 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION WARRANTIES 0 2012 Stantec 1193802201 017836-2 SECTION 03 30 10 INTERIOR CONCRETE SLABS ON GRADE PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Furnish and install all formwork, reinforcement, cast -in-place concrete and accessories for constructing interior slabs on grade. 1.02 REFERENCES A. American Concrete Institute (ACI) 1. 301 - Specifications for Structural Concrete for Buildings. 2. 305 - Hot Weather Concreting. 3. 306 - Cold Weather Concreting. 4. 309 - Recommended Practice for Consolidation of Concrete. 1.03 SUBMITTALS A. Submittals shall conform to Section 0133 00. B. Submit manufacturer's data for concrete admixtures, liquid curing material, floor joint filler, finishing compounds, and bonding agents. C. Submit concrete aggregate test reports and concrete mix designs at least 14 days prior to placement of concrete. D. Submit results of concrete strength tests. 1.04 QUALITY ASSURANCE A. Comply with ACI 301, except as modified in this Section. B. The Contractor shall hire an independent testing laboratory approved by the Engineer to perform the work listed below. All costs for this testing shall be paid by the Contractor 1. Test proposed aggregate. 2. Design concrete mixes for each type of concrete specified. 3. Cast concrete cylinders for strength tests. 4. Test concrete cylinders. C. Aggregate Tests 1. Test aggregates for compliance with ASTM C33. D. Concrete Mix Design 1. Prepare mix design for concrete specified. 2. Design concrete mix in accordance with ACI 301. INTERIOR CONCRETE SLABS ON GRADE O 2012 Stantec 1 193802201 033010-1 1.05 PRODUCT HANDLING A. Do not store forms, shores, reinforcing, equipment, or other material on finished slab surfaces. PART 2 PRODUCTS 2.01 CONCRETE MATERIAL A. Cement: Conform to ASTM C150, Type I. Provide cement from 1 source of supply. B. Aggregate: Conform.to ASTM C33. Provide aggregate from 1 source of supply. C. Water: Clean potable and free from deleterious amounts of oil, acid, alkali, or other foreign matter. 2.02 ADMIXTURES A. Water Reducing Admixture: Conform to ASTM C494, Type A. B. High Range Water -Reducing Admixtures (Superplasticizer): Conform to ASTM C494, Type F and contain no chlorides. C. Fly Ash: Conform to ASTM C618, Class C or F. Loss on ignition shall be limited to 3 percent maximum. 2.03 MISCELLANEOUS MATERIAL A. Burlap -Polyethylene Sheet: Burlap polyethylene sheeting shall consist of burlap weighing not less than 10 oz./linear yard, 40 inches wide impregnated on 1 side with white opaque polyethylene 0.006 inch thick. Sheeting shall conform to ASTM C171. B. Liquid Curing Compound: Conform to ASTM C309, Type 1-13, Class B clear or translucent with fugitive dye. Not to be applied to floor slabs. C. Expansion Joint Material: Compressible, flexible, lightweight, non -staining, closed -cell, polyethylene foam with density = 2.0 lbs. per cubic foot; Deck -O -Foam, by W.R. Meadows, or equal. D. Interior Joint Filler: 1 -part, self -leveling, polymer reinforced joint filler, Everjoint manufactured by L&M Construction Chemicals, Inc., or approved equal. 2.04 CONCRETE MIX PROPORTIONS A. Concrete: Concrete for interior floor slabs on grade shall conform to the following minimum requirements: Coarse aggregate size ASTM C33 Size No. 67 Minimum compressive strength at 28 days 4,000 psi Maximum water -cement + pozzolan ratio 0.42 Minimum cement and pozzolan content 564 Ib/cu. yd. Slump before adding superplasticizer 2 inches t 1 inch Slump after adding superplasticizer 6 inches ± 1 inch INTERIOR CONCRETE SLABS ON GRADE 9) 2012 Stantec 1 193802201 033010-2 PART 3 EXECUTION 3.01 CONCRETE PRODUCTION A. Ready -mixed concrete shall be batched, mixed, and transported in accordance with ASTM C94. B. Concrete shall be mixed only in quantities for immediate use. Concrete which has set shall be discarded and shall not be retempered. C. Discharge concrete from truck within 60 minutes after cement is added to the mix. D. Do not add water at the Site without the permission of the Engineer. E. Add superplasticizer to the concrete at the Site. Add superpiasticizer and mix concrete in accordance with manufacturer's specification. 3.02 EMBEDDED ITEMS A. All sleeves, pipes, drains, inserts, anchors, and embedded items required for the Work shall be placed prior to placing concrete. B. All embedded items shall be positioned accurately and supported against displacement. 3.03 PREPARATION BEFORE PLACING A. Formwork shall be completed, base soils shall be to grade and compacted, and all reinforcement and embedded items shall be secured in place. B. Edges of hardened concrete adjacent to new slabs or patched areas shall be saw cut straight, with a variation of no more than 1/4 inch in 10 feet. C. All snow, ice, and mud shall be removed prior to placing concrete. Do not place concrete on frozen ground. D. Do not place concrete on ground with standing water or when upper 2 inches of ground is saturated. Do not place concrete during rain, sleet, or snow. 3.04 CONCRETE CONVEYING A. Concrete shall be handled from the mixer to the place of final deposit as rapidly as practical by methods which will prevent segregation or loss of ingredients. 3.05 CONCRETE DEPOSITING A. Deposit concrete continuously or in layers of such thickness that no concrete will be deposited on concrete which has hardened sufficiently to cause the formation of seams or planes of weakness within the section. B. Deposit concrete as nearly as practicable in its final position to avoid segregation due to handling or flowing. Free fall of concrete shall not exceed 5 feet. INTERIOR CONCRETE SLABS ON GRADE © 2012 Stantec 1 193802201 033010-3 C. Consolidate all concrete in accordance with provisions of ACI 309, by vibrating each layer of concrete immediately after placing by use of internal concrete vibrators. Maintain a frequency of not less than 8,000 vibrations per minute for each internal vibrator. D. Provide adequate number of units and power source at all times. Use a minimum of 2 vibrators for all Work and maintain spare units to ensure adequacy. E. Insert the vibrator so as to penetrate full depth. Spacing between insertions of the vibrator shall generally be from 12 inches to 18 inches and shall not exceed twice the radius of action as shown in ACI 309 or 18 inches. Do not use vibrators to transport concrete inside the forms. F. Deposit and consolidate concrete slabs in a continuous operation. Consolidate concrete by vibrating bridge screeds, roller pipe screeds, or other methods acceptable to the Engineer. Bring slab surfaces to the correct level with a straight edge and then strike off. Use bullfloats or darbies to smooth the surface, leaving it free from bumps and hollows. G. Vibration shall be adequate and properly carried out to minimize entrapped air and surface voids on formed surfaces. H. Place concrete at such a rate that the concrete which is being integrated with fresh concrete is still plastic. I. Concrete which has partially hardened or has been contaminated by hardened materials shall not be deposited. 1. Remove rejected concrete from the Site. K. Do not leave screed stakes in concrete. L. Do not sprinkle water on the plastic surface. Do not disturb the slab surfaces prior to start of finishing operations. 3.06 COLD WEATHER PLACING A. Do not place concrete when the air temperature is less than 40 degrees F without the specific approval of the Engineer. B. Cold weather concrete work shall conform to all requirements of ACI 306.1, except as modified by the requirements of these Contract Documents. C. Concrete shall not be placed against any frozen substrate, including subgrade soils and surfaces of formwork. D. Concrete shall not be placed around any embedment, including reinforcing steel that is at a temperature below freezing. INTERIOR CONCRETE SLABS ON GRADE © 2012 Stantec 1193802201 033010-4 E. The temperature of the concrete delivered at the Site shall conform to the following limitations: F. If water or aggregate is heated above 100 degrees F, the water shall be combined with the aggregate in the mixer before cement is added. Cement shalt not be mixed with water or with mixtures of water and aggregate having a temperature greater than 100 degrees F. G. When the mean daily temperature is less than 40 degrees F, the temperature of the concrete shall be maintained between 50 and 70 degrees F for the required curing period. H. Arrangements for heating, covering, insulation, or housing the concrete work shall be made in advance of placement and shall be adequate to maintain the required temperature without injury due to concentration of cold or heat. Protection shall remain in place for a minimum of 3 days. I. Combustion heaters shall not be used during the first 24 hours, unless precautions are taken to prevent exposure of the concrete to exhaust gases. J. Once the cold weather concrete protection is removed, concrete curing must be continued for the remainder of the 10 -day curing period. 3.07 HOT WEATHER PLACING A. Comply with ACI 305 when hot weather conditions exist. B. Maintain concrete temperature at time of placement below 90 degrees F. C. When the temperature of steel reinforcement or other embedments is greater than 120 degrees F, steel forms, reinforcement and/or embedments shall be sprayed with water prior to placing concrete. D. Keep all surfaces protected from rapid drying. Provide windbreaks, shading, fog spraying, sprinkling, ponding, or wet covering in advance of placement. 3.08 CONCRETE SLAB FINISHING AND CURING A. Float Finish 1. Apply float finish to all slab surfaces. 2. After placing and screeding concrete slabs, do not work the surface until ready for floating. Begin floating when the surface water has disappeared and when the concrete has stiffened sufficiently to permit operation of a power -driven float. 3. Consolidate the surface with power -driven float or by handfloating if the area is small or inaccessible to power units. 4. Check and level the surface plane to a tolerance not exceeding 1/4 inch in 10 feet when tested with a 10 -foot straight -edge placed on the surface at not less than 2 different angles. 5. Immediately after leveling refloat the surfaces to a smooth, uniform, granular texture. 6. Tool slab edges and joints with a radiused edge tool until the aggregate has been worked below the surface and the surface has been dosed. INTERIOR CONCRETE SLABS ON GRADE cp 2012 Stantec 193802201 033010-5 Minimum Concrete Temperature Air Temperature < 12 Inches Thick 12 to 36 Inches Thick Above 30 degrees F 60 degrees F 55 degrees F 0 to 30 degrees F 65 degrees F 60 degrees F Below 0 degrees F 70 degrees F 65 degrees F j F. If water or aggregate is heated above 100 degrees F, the water shall be combined with the aggregate in the mixer before cement is added. Cement shalt not be mixed with water or with mixtures of water and aggregate having a temperature greater than 100 degrees F. G. When the mean daily temperature is less than 40 degrees F, the temperature of the concrete shall be maintained between 50 and 70 degrees F for the required curing period. H. Arrangements for heating, covering, insulation, or housing the concrete work shall be made in advance of placement and shall be adequate to maintain the required temperature without injury due to concentration of cold or heat. Protection shall remain in place for a minimum of 3 days. I. Combustion heaters shall not be used during the first 24 hours, unless precautions are taken to prevent exposure of the concrete to exhaust gases. J. Once the cold weather concrete protection is removed, concrete curing must be continued for the remainder of the 10 -day curing period. 3.07 HOT WEATHER PLACING A. Comply with ACI 305 when hot weather conditions exist. B. Maintain concrete temperature at time of placement below 90 degrees F. C. When the temperature of steel reinforcement or other embedments is greater than 120 degrees F, steel forms, reinforcement and/or embedments shall be sprayed with water prior to placing concrete. D. Keep all surfaces protected from rapid drying. Provide windbreaks, shading, fog spraying, sprinkling, ponding, or wet covering in advance of placement. 3.08 CONCRETE SLAB FINISHING AND CURING A. Float Finish 1. Apply float finish to all slab surfaces. 2. After placing and screeding concrete slabs, do not work the surface until ready for floating. Begin floating when the surface water has disappeared and when the concrete has stiffened sufficiently to permit operation of a power -driven float. 3. Consolidate the surface with power -driven float or by handfloating if the area is small or inaccessible to power units. 4. Check and level the surface plane to a tolerance not exceeding 1/4 inch in 10 feet when tested with a 10 -foot straight -edge placed on the surface at not less than 2 different angles. 5. Immediately after leveling refloat the surfaces to a smooth, uniform, granular texture. 6. Tool slab edges and joints with a radiused edge tool until the aggregate has been worked below the surface and the surface has been dosed. INTERIOR CONCRETE SLABS ON GRADE cp 2012 Stantec 193802201 033010-5 7. Edges of concrete slab patches shall be either tooled or troweled flush with adjacent concrete surfaces, as directed by the Architect/Engineer. B. Trowel Finish 1. Apply steel trowel finish to all interior floor slabs, topping, and stair treads. 2. Apply float finish to slabs as described above in Part 3.08.A. 3. After floating, begin the first trowel finish operation using a power -driven trowel. Begin final troweling when the surface produces a ringing sound as the trowel is moved over the surface. 4. Consolidate the concrete surface by the final hand troweling operation, free from trowel marks, uniform in texture and appearance, and with a surface plane tolerance not exceeding 1/8 inch in 10 feet when tested with a 10 -foot straight -edge. C. Immediately after placement, all concrete shall be damp cured for a minimum of 7 days. D. All slabs shall be covered with approved burlap -polyethylene film and kept in place throughout the curing period. E. Walls, beams, columns, and other formed surfaces shall be covered with burlap -polyethylene film or sprayed with an approved curing compound. F. All burlap -polyethylene film shall be adequately anchored at the edges to prevent moisture loss. G. Rewet all slab surfaces at least once a day during the curing period. 3.09 PATCHING A. Repair honeycomb and other defective areas, fill surface voids, and fill defects in accordance with ACI 301. B. Reinforce or replace deficient work as directed by the Engineer and at no additional cost to the Owner. 3.10 CLEAN UP AND DISPOSAL A. All excess concrete debris remaining after completion of placement and form removal shall be removed from the Site and disposed of in a proper and legal manner. END OF SECTION INTERIOR CONCRETE SLABS ON GRADE © 2012 Stantec 1 193602201 033010-6 SECTION 06 SO 00 ROUGH CARPENTRY PART 1 GENERAL 1.01 SUMMARY A. Work under this Section Includes: 1. Dimension/framing lumber. 2. Bracing, blocking, sills, nailers and miscellaneous components. 3. Rough framing connection and anchorage hardware. 4. Related accessories and miscellaneous materials. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment: 1. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Base Bid. 1.03 REFERENCES A. American Society of Testing Materials (ASTM): 1. A307 — Specification for Carbon Steel Bolts and Studs. 1.04 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. 1.05 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 (RTS). B. 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." 1.06 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. ROUGH CARPENTRY O 2012 Stantec 1193802201 061000-1 2. Protect corners of sheet materials from damage while handling. 3. Fre 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 Fr -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). 2.02 FIRE RETARDANT TREATMENT A. Pressure Impregnated Fre Treatment: Bearing Underwriters Laboratories, Inc. label with Fire Hazard Classification of 25 or less, or FRS Classification (Guide BPW). 1. Flame Spread: Not more than 25, with no increase in fire hazard classification when test is extended to 30 minutes in compliance with Uniform Building Code (UBC) Standard No. 42-1. 2. Identification: Mark each piece with performance identification label or mark of UL. Provide identification mark at intervals required by inspection officials having jurisdiction. 3. Acceptable manufacturers and processes for typical applications: a. Hickson Corp.: Dricon. b. Hoover Treated Wood Products, Inc.: Pyro-Guard. B. Moisture Content for Lumber and Plywood: 1. Materials Exposed to View in Finished Work: Kiln dry to not more than 12 -percent moisture content after treatment. i 2. Concealed Plywood: Dry to not more than 15 -percent moisture content after treatment. 3. Concealed Lumber: Dry to not more than 19 -percent moisture content after treatment. C. Schedule of l=ire Retardant Treatment: 1. Concealed blocking in walls and/or attic space (dimensional and plywoods). 2. Exposed materials. 2.03 ACCESSORIES A. Rough Hardware — General: Furnish rough hardware required, including nails, screws, anchor bolts, ]-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. ROUGH CARPENTRY © 2012 Stantec 1193802201 061000-2 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 verdcal 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. I. 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. Construction Adhesive: Conform to APA Specification AFG-01. PART 3 EXECU77ON 3.01 ERECTION A. Install all Work plumb, level, true, and square. 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. ROUGH CARPENTRY 0 2012 Stantec 1 193802201 061000-3 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. END OF SECTION ROUGH CARPENTRY © 2012 Stantec 1193802201 061000-4 SECTION 06 20 00 FINISH CARPENTRY PART 1 GENERAL 1.01 SUMMARY A. Work under this Section includes furnishing and/or installing finish carpentry and related work. Items include, but are not limited to: 1. Plastic laminate side splashes. 2. Oak chair rail, including material and installation. B. Related Sections: 1. Section 06 10 00 — Rough Carpentry. 2. Section 09 29 00 — Gypsum Drywall. 3. Section 09 9100 — Painting. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment: 1. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Base Bid. 1.03 QUALITY ASSURANCE A. Architectural Woodwork Institute, AWI, lumber custom grade or better. B. AWI Quality: Premium grade, unless noted otherwise in this Specification. 1.04 SUBMITTALS A. Shop Drawings: Submit complete working fabrication and installation drawing and catalog cuts of each hardware item, in accordance with Article 3 of the General Conditions and Section 0133 00. B. Samples: Submit sample of each wood species which is to receive transparent finish at Site, of each finish to be applied at factory and plastic laminates for color selection. 1.05 PRODUCT DELIVERY, STORAGE, AND HANDLING A. Protect millwork during transit, delivery, storage, and handling to prevent damage, soiling, and deterioration. PART 2 PRODUCTS 2.01 BASIC MATERIALS A. General: Except as otherwise indicated, comply with the following requirements for architectural millwork not specifically indicated as prefabricated or prefinished standard products. Provide brackets, fasteners, and supports as required or indicated for a complete installation. © 2012 Stantec 1193802201 FINISH CARPENTRY 062000-1 B. Wood Moisture Content: Provide Kiln -dried lumber with an average moisture content range of 5 percent to 10 percent. Maintain temperature and relative humidity during fabrication, storage and furnishing operations so that the moisture content doesn't exceed 8 percent. C. Wood for Transparent Finish: Plain sawn, red oak. D. Approved Plastic Laminate Manufacturers: 1. Nevamar. 2. Wilsonart. 3. Formica. 4. Or other approved equal. E. Plastic Laminate (PLAM): Facing sheets, minimum thickness 0.05 inch, backer sheets minimum thickness 0.02 inch with matte finish. F. Adhesives: Highly water resistant resin type meeting CS 35-61. 2.02 FABRICATION A. General: 1. Replace plastic laminate on side splashes of countertops in Conference Room 127. a. Color: As selected by Owner. 2. Install oak chair rail with finish as specified in Section 09 9100 where indicated on Drawings. a. Oak chair rail shall match profile 5171 (5/8" x 2-9/16'1 as manufactured by Wood Products, Inc. PART 3 EXECUTION 3.01 PREPARATION A. Examine substrate and conditions under which work is to be installed and report unsatisfactory conditions. Do not proceed with Work until unsatisfactory conditions have been corrected in a manner acceptable to the installer. 3.02 FINISH CARPENTRY INSTALLATION A. Erection of Millwork: Millwork cabinet work, doors shown on the Drawings and specified herein shall be erected in a neat, substantial manner. Work shall be left smooth, free from hammer or tool marks, slivers, and open joints. Joints shall be absolutely tight. Work shall be plumb, square, level, and true. Face nails shall be set ready to be puttied. B. Construct all woodwork according to AW1 Specifications for premium quality. END OF SECTION FINISH CARPENTRY © 2012 Stantec 193802201 062000-2 SECTION 07 21 00 INSULATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Rigid Wali Insulation. 2. Unfaced Fiberglass Batt Insulation. B. Related Sections: 1. Section 09 29 00 — Gypsum Drywall. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment: 1. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Base Bid. 1.03 SUBMITTALS A. Certification: Insulation manufacturer's approved if any adhesives to be used and there application procedure. B. Literature: Manufacturer's data on all materials to be used. 1.04 DELIVERY, STORAGE, AND HANDLING A. Delivery: Deliver to Site in manufacturer's wrapping or individual sheets that clearly identify the manufacturer, contents, brand name, and R -value. B. Storage: Store off the ground and protect against weather, condition, and damage. C. Handling: Remove damaged materials from Site and protect board insulation from prolonged sunlight. 1.05 ENVIRONMENTAL REQUIREMENTS A. Surfaces shall be dry. B. Temperatures shall meet adhesive recommendations. PART 2 PRODUCTS 2.01 INSULATION A. Rigid Wall Insulation (INSUL-2): 1. Approved Manufacturers: a. Dow Building Solutions StyrofbamTM CavitymateTM. b. Owens Corning Foamular0 CW25. INSULATION © 2012 Stantec 1 193802201 07 2100 -1 c. DiversiFoamTM Products CertiFoam 25 SE. 2. Characteristics: a. ASTM C578-87, Type 4. b. Size: 16 inches by 96 inches. c. Thickness: 1 inch, unless otherwise indicated on the Drawings. d. Edges: Square. e. Rigid extruded polystyrene: 1.8 pcf typical (ASTM C303), 1.6 pcf minimum. f. Compressive Strength: 40 psi typical (ASTM D1621), 25 psi minimum. g. 5 -Year Aged R -Value at 40 Degrees F: 5.4 per inch (ASTM C518). h. Water Vapor Transmission Rate: 0.8 perms (ASTM E96). 3. Joint Sealing Tape: Manufacturer's standard. B. Unfaced Fiber Glass Batt Insulation (INSUL-3): 1. Approved Manufacturers: a. Certainteed — Fiber Glass Building Insulation. b. Owens Corning — Fiber Glass Thermal Batts. c. Johns Manville — Formaldehyde -free T" Fiber Glass Insulation. 2. Characteristics: a. ASTM C665, Type 1, and ASTM E136 (unfaced fiberglass Batts). b. Obtain the R -Value shown on the Drawings or an R-38 if none is shown. c. Width: To fit framing spacing, 24 inch maximum. 2.02 VAPOR BARRIER (VB) A. FS L -P-375 translucent polyethylene film, Type 1, Class 1, 6 mils thick. 2.03 ATTACHMENTS A. Adhesive: 1. H.B. Fuller - Max Bond or manufacturer approved materials for conditions encountered. PART 3 EXECUTION 3.01 EXAMINATION A. Rigid Board Insulation: 1. Verify that substrate is flat, dry, and free of honeycombs, fins, or foreign materials that will impede adhesive bond or damage. B. Fibrous Insulation: 1. Examine areas scheduled to receive insulation to insure protection against inclement weather and other hazards, and work of preceding trades is complete. C. Beginning installation means installer accepts conditions. 3.02 RIGID BOARD INSULATION INSTALLATION A. General: 1. Tightly fit each board together and stagger joints. 2. Adhesive Application: a. Apply adhesive to insulation in 1-1/2 inch diameter spheres on 12 inch centers. b. Press insulation in place using rocking action. 3. Mechanical Anchors: INSULATION © 2012 Stantec - 193802201 072100-2 a. Use with wood framing. b. Fasteners shall be placed not less than 16 inches on center with a 1/2 inch penetration into substrate. 4. Fit insulation tightly around penetrations. B. Furred out walls shall be adhesive applied insulation. 3.03 FIBROUS INSULATION A. General: 1. Fit insulation snugly between framing. 2. Maintain integrity of insulation over entire area to be insulated. 3. Insulate small areas between closely spaced framing members. 4. Carefully cut and fit insulation around pipes, conduits, and other obstructions. 5. Where pipes or conduit are located in stud spaces, place insulation between exterior wall and pipe, compress insulation where necessary. 6. Ft insulation in spaces between rough openings and door frames. 7. Mechanically fasten insulation when friction fitting can not be accomplished. 3.04 VAPOR BARRIER A. General: 1. Secure vapor barrier to the substrate with tape or a minimal number of staples. 2. Place on the warm side of all exterior wall and roof fibrous insulation and as otherwise required by the Drawings. 3. Patch and seal punctures, tears, or voids in the vapor barrier. 4. All splices shall have a 6 -inch minimum lap joint. 3.05 CLEANUP A. Remove and dispose of excess materials, litter, and debris. B. Leave work areas in a clean condition. END OF SECTION © 2012 Stantec 193802201 INSULATION 072100-3 SECTION 07 92 00 JOINT SEALANTS PART i GENERAL 1.01 SUMMARY A. Section Includes: I. Interior sealants. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Base Bid. 1.03 REFERENCES A. American Society for Testing and Materials (ASTM). 1.04 SUBMITTALS A. Shop Drawings consistent with Section 0133 00 and including: 1. Copies of manufacturer's specifications, recommendations, and installation instructions for caulking, backer rod, and accessory materials. 2. Manufacturer's published data, letter of certification, or certified test laboratory report that each material complies with requirements and is intended for application shown. 1.05 QUALITY ASSURANCE A. Applicator Qualification: Minimum 2 years of experience in applying sealants and approved by sealant manufacturer. 1.06 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. 1.07 JOB CONDITIONS A. 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. 1.08 GUARANTEE A. Provide caulking manufacturers standard 10 -year material guarantee. B. Guarantee workmanship against leakage for 2 years. JOINT SEALANTS © 2012 Stantec 193802201 079200-1 PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS CAULKING A. Tremco, Dymeric, Sikaflex-2C NS/SL, or approved equal - General Applications. B. 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. 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. PART 3 EXECUTION 3.01 INSPECTION A. Examine joints to be caulked for construction defects which would adversely affect execution of Work. B. 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 laitance, paint or finishes. © 2012 Stantec 1 193802201 JOINT SEALANTS 079200-2 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: I. Perimeter of new sound attenuated partitions. 2. Around the bottom of all interior door frames where metal abuts or contacts concrete. 3. 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. 4. All areas where dissimilar wall materials abut or adjoin. 5. Any other places shown on the Drawings. 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. END OF SECTION JOINT SEALANTS C 2012 Stantec 1 193802201 079200-3 SECTION 09 29 00 GYPSUM DRYWALL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Light gauge metal framing. 2. Fiberglass -mat faced, moisture -resistant gypsum backer board. B. Related Sections 1. Section 06 10 00 — Rough Carpentry. 2. Section 06 20 00 — Finish Carpentry. 3. Section 07 92 00 — Joint Sealants. 4. Section 09 9100 Painting. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Base Bid. 1.03 QUALITY ASSURANCE A. Gypsum Board Standard: GA -216 by Gypsum Association. B. Metal Support Standard: ASTM C754. C. Installation Standard: Gypsum Construction Handbook, US Gypsum Company. D. Fre Resistance Rating: Where systems with Fre resistance ratings are indicated, provide materials and installations which have been tested and listed by recognized authorities. E. Manufacturer: Obtain products from a single manufacturer or from manufacturers recommended by the prime manufacturer of gypsum board. F. Allowable Tolerances: 1/16 inch offset between planes of gypsum base faces, and 1/8 inch in 8 feet for plumb, level, warp, and bow. 1.04 PRODUCT HANDLING A. Deliver, identify, store and protect gypsum drywall materials to comply with referenced standards. 1.05 JOB CONDITIONS A. Environmental Conditions: Comply with referenced standards. C 2012 Stantec 1 193802201 GYPSUM DRYWALL 092900-1 PART 2 PRODUCTS 2.01 METAL SUPPORT MATERIALS A. Wall Framing Materials 1. Studs equal to USG 20 gauge galvanized metal studs for walls up to 14 feet in height but limited to deflection of L/360. 2. Runners: 20 gauge galvanized steel. B. Furring Members: ASTM C645; 1 inch, 22 gauge galvanized, "Z" shaped. Where shown or noted on the Drawings. C. Furring Anchorages: Manufacturer's standard wire-type clips, bolts, nails, or screws as recommended by furring manufacturers for the conditions encountered or to meet fire test requirements. 2.02 GYPSUM BOARD PRODUCTS A. Exposed Gypsum Board: ASTM C1178, Silicone -treated core with glass mat moisture protectant coating and embedded glass mats, both sides. The face side is surfaced with heat -cured copolymer water and vapor retardant coating, unless otherwise indicated: 1. Edge Profile: Manufacturer's standard. 2. Thickness: 518 inch, unless otherwise indicated on the Drawings to match thickness of existing gypsum board. a. DensShield@ Tile Backer as manufactured by Georgia-Pacific Corporation. 3. Sheet Size: Maximum length available which will minimize end joints. 4. Type X. Provide special fire -retardant gypsum board where indicated or required for fire - resistance rated assemblies. a. DensShield@ Tile Backer as manufactured by Georgia-Pacific Corporation. 2.03 TRIM ACCESSORIES A. General: Provide manufacturer's standard trim accessories of types indicated for gypsum drywall, formed of galvanized steel with flanges for concealment in joint compound, including corner beads, edge trim, control joints, RC -1 resilient channels, etc. B. Wet or Moist Areas: Sheet steel, galvanized. 2.04 JOINT REINFORCEMENT MATERIALS A. General: Except as otherwise indicated, comply with ASTM C587 B. Joint Tape: Perforated type. C. Joint Compound: Ready -mixed vinyl -type for interior use, single multi-purpose grade for entire application. 2.05 MISCELLANEOUS MATERIALS A. Concealed Acoustic Sealant: Mastic type; non -shrinking, non -migrating, and non -staining. B. Water -Resistant Sealant: Type recommended by gypsum board manufacturer. Seal cut edges and penetrations of water-resistant backing board. GYPSUM DRYWALL © 2012 Stantec 1 193802201 092900-2 PART 3 EXECUTION 3.01 PREPARATION FOR METAL SUPPORT SYSTEMS A. Ceiling Anchorages; Coordinate work with structural ceiling work to ensure that inserts and other structural anchorage provisions have been installed to receive ceiling hangers. Furnish concrete inserts, steel deck hanger clips, and similar devices to other trades for installation. 3.02 INSTALLATION OF METAL SUPPORT SYSTEMS A. Do not bridge building expansion joints with support system, frame both sides of joints with furring and other supports as required. B. Partition Installation I. Stud System Erection a. Attach steel runners at floor and ceiling to structural elements with suitable fasteners located 2 inches from each end and spaced 16 inches on center. b. Position studs vertically with open side facing in same direction, engaging floor and ceiling runners, and spaced 16 inches on center. When necessary, splice studs with 8 inch nested lap and 2 positive attachments per stud flange. Place studs in direct contact with all door frame jambs, abutting partitions, partition corners, and existing construction elements. Where studs are installed directly against exterior walls and a possibility of water penetration through walls exists, install asphalt felt strips between studs and wall surfaces. c. Anchor all studs for shelf -walls and those adjacent to door and window frames, partition intersections, corners, and free-standing furring to ceiling and floor runner flanges with metal lock fastener tool or screws. Securely anchor studs to jamb and head anchors of door or borrowed -light frames by bolt or screw attachment. Over metal door and borrowed -light frames, place horizontally a cut -to -length section of runner with a web - flange bend at each end, and secure to strut -studs with 2 screws in each bent web. Position a cut -to -length stud (extending to ceiling runner) at vertical panel joints over door frame header. When attaching studs to steel grid system, structural adequacy of grid to support end reaction of wall must be determined. 3.03 GENERAL GYPSUM BOARD INSTALLATION REQUIREMENTS A. Locate exposed end -butt joints as far from center of walls and ceilings as possible, and stagger not less than V-0" in alternate courses of base. B. Install walllpartition boards vertically to avoid end -butt joints wherever possible. C. Install wall/partition boards with minimum 1/4 -inch gap above floor surface. D. Install gypsum board with face side out. Do not install imperfect, damaged, or damp boards. Butt boards together for a light contact at edges and ends with not more than 1/16 inch open space between boards. Do not force into place. E. Attach gypsum board to framing and blocking as required for additional support at openings and cutouts. F. Form control joints and expansion joints with space between edges of boards, prepared to receive trim accessories. Locate as indicated and as required by reference standards and not to exceed 30 lineal feet. GYPTAIUM DRYWALL © 2012 Stantec 1 193802201 0929 00-3 G. Floating Construction: Where feasible, including where recommended by manufacturer, install gypsum board with "floating" internal corner construction, unless isolation of the intersecting boards is indicated, unless control or expansion joints are indicated, or unless fire rating is indicated. H. Space fasteners in gypsum boards in accordance with referenced standards and manufacturer's recommendations, except as otherwise indicated. 3.04 INSTALLATION OF TRIM AND JOINT REINFORCEMENT A. General: Where feasible, use the same fasteners to anchor trim accessory flanges as required to fasten gypsum board to the supports. Otherwise, fasten flanges by nailing or stapling to substrate in accordance with manufacturer's instructions and recommendations. B. Install metal corner beads at external corners of gypsum drywall with 9/16 inch galvanized staples at 9 inches on center on both flanges. C. Install metal edge trim wherever edge of gypsum board would otherwise be exposed or semi - exposed, and except where plastic trim is indicated. Provide type with face flanges for embedment in plaster, except where semi -finishing type is indicated. Install L -type where work is tightly abutted to other work, and install special Kerf-type where other work is kerfed to receive long leg of L type trim. Install U -type trim where edge is exposed, revealed, gasketed, or sealant -filled (including expansion joints). Conceal all trim in joint compound. D. Install metal control joint (beaded type) where required. E. Install joint reinforcement on gypsum wallboard joints (including internal corners). Comply with manufacturer's recommendations for attachment and embedment of joint reinforcement in plaster or other joint compound. Provide either mesh -type or paper -type joint reinforcement, at Installer's option, except comply with manufacturer's recommendations and requirements. Comply with Gypsum Construction Handbook for three coat application on all gypsum board. 3.05 CLEANING AND PROTECTION A. Remove temporary coverings used to protect other work. B. Remove spillage promptly from door frames, windows, and other adjoining work. Repair surfaces which have been damaged by plastering work. C. Protect gypsum drywall work from damage and deterioration during the remainder of the construction period. END OF SECTION GYPSUM DRYWALL © 2012 Stanbec 1193802201 092900-4 SECTION 09 31 13 CERAMIC TILE PART 1 GENERAL 1.01 SUMMARY A. Section Includes: I. Porcelain and Ceramic tile for floor and wall applications, using thin -set application method. 2. Grout, setting materials, and related accessories. 3. Marble transition piece. B. Related Sections: 1. Section 07 92 00 — Joint Sealants. 2. Section 09 29 00 — Gypsum Drywall. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Base Bid. 1.03 REFERENCES A. For installation methods see the 2007 version of the "TCA Handbook for Ceramic Tile Installation" published by the Tile Council of North America, Inc. 1.04 SUBMITTALS A. Submit for the Architect's Review: 1. Product Data for each tile, grout, and accessory item. 2. Color Selection Samples for the Following: a. Grout colors. b. Sealant colors. 3. Record Samples for the Following: a. Each tile type in each size, color, and finish indicated. b. Grout colors. c. Sealant colors. B. Submit for the Owner's Use/Records: 1. Statement of Qualifications from manufacturers. 2. Statement of Qualifications from installer. 3. Certificates of Compliance for coefficient of friction requirements. 4. Master Grade Certificate for each tile, in the form, and including information specified in ANSI A137.1. 5. Manufacturer's published cleaning and maintenance instructions for each type of tile. 6. 1 extra carton of each the specified. 1.05 QUALITY ASSURANCE A. Comply with standards of Tile Council of America, Inc. CERAMIC TILE © 2012 Stantec 1 193802201 093113-1 B. Manufacturer's Qualifications: Not less than 5 -years experience in the actual production of the specified products. C. Installer Qualifications: Firm with not less than 5 -years experience in installation of systems similar in complexity to those required for this Project, plus other specified requirements: 1. Successfully completed a minimum of 5 comparable scale projects using this system. 1.06 DELIVERY, STORAGE, AND HANDLING A. Deliver materials in manufacturer's original sealed containers with legible labels and hallmarks certifying compliance with reference standards. B. Deliver mastic grout ready for use. C. Deliver dry -set mortar in sealed, moisture -proof containers. D. Store materials under cover so as to prevent damage or contamination. E. Store at a temperature of not less than 55 degrees F for at least 24 hours before installation. 1.07 ENVIRONMENTAL REQUIREMENTS A. Maintain ambient temperature within range of 50 to 90 degrees F during and for at least 24 hours after installation of the materials. B. Provide adequate ventilation to carry off excess moisture. C. Do not apply setting materials to surfaces containing frost. D. Do not install the in areas where temperature of substrate is above 100 degrees F. E. Protect adjoining work surfaces before tile work begins. PART 2 PRODUCTS 2.01 TILES A. Floor Tile (CT -1): 12 inch by 12 inch glazed porcelain with smooth finish and absorption of not more than 0.5 percent: 1. Edge Design: Cushion. 2. Thickness: 5/16 inch. 3. Tile Colors: As selected from the manufacturer's full range of available colors. 4. Standard of Quality: Daltile, Colour Scheme TM Series. 5. Silicone Rubber Grout: Silicone sealant, moisture and mildew resistant type, complying with ANSI A118.6. 6. Grout Color: As selected from the manufacturer's full range of available colors. B. Base Tile (CT -2): 4-1/4 inch by 4-1/4 inch non -vitreous body wall tile with smooth glazed finish: 1. Edge Design: Cushion. 2. Thickness: 5/16 inch. 3. Tile Colors: As selected from the manufacturer's full range of available colors, Price Group 2. 4. Special Shapes: a. Coved base. 0 2012 StanbaC 1 193602201 CERAMIC TILE 093113-2 b. Bullnose edge. 5. Standard of Quality: Daltile, American Olean. 6. Silicone Rubber Grout: Silicone sealant, moisture and mildew resistant type, complying with ANSI A118.6. 7. Grout Colors: As selected from the manufacturer's full range of available colors. C. Wall Tile (CT -3): 4-1/4 inch by 4-1/4 inch non -vitreous body wall tile with smooth glazed finish: 1. Edge Design: Cushion. 2. Thickness: 5/16 inch. 3. Tile Colors: As selected from the manufacturer's full range of available colors, Price Group 2. 4. Special Shapes: a. Bullnose edge. 5. Standard of Quality: Daltile, American Olean. 6. Silicone Rubber Grout: Silicone sealant, moisture and mildew resistant type, complying with ANSI A118.6. 2.02 GROUT COLORS: AS SELECTED FROM THE MANUFACTURER'S FULL RANGE OF AVAILABLE COLORS. A. Trim: Include all trim and accessories needed for a complete installation. Base trim shall match tile and shall terminate in a bullnose where wail tile is not specified. 2.03 SETTING MATERIALS A. Portland Cement - ASTM C150, Type 1. B. Sand - ASTM C144. C. Water - Potable. D. Lime - ASTM C206, Type S or ASTM C207, Type S. E. Bond Coat: Dry - Set Mortar - ANSI 118.1. F. Latex - Portland Cement Mortar - ANSI 118.4. G. Reinforcement — 2 inch by 2 inch by 16/16 -gauge welded wire mesh, or equivalent. H. Metal Lath: Galvanized or painted expanded metal lath. I. Cleavage Membrane—15-Ib. roofing felt or 4 -mil. polyethylene film. 2.04 EXPANSION JOINTS A. Back Up Strip: Flexible, compressible, close -cell foam polyethylene or butyl rubber, rounded at surface to contact sealant. 2.05 THRESHOLDS A. Standard white marble threshold by American Olean. © 2012 Stantec 1 193802201 CERAMIC TILE 093113-3 PART 3 EXECUTION 3.01 EXAMINATION A. Before tiling, make sure variations of surface to be tiled fall within maximum variations shown below: 1. Dry Set Mortar: (Walls) 1/8 inch in 8 feet; (Floors) 1/8 inch in 10 feet. B. Report all unacceptable surfaces to the Architect and do not tile such surfaces until they are leveled enough to meet above requirements. Leveling coat is included in this Section. C. Before tiling commences visually confirm surfaces to be tiled are free from coating, curing membranes, oil, grease, wax, and dust. 3.02 LAYOUT A. Determine locations .of all movement joints before starting tilework. B. Lay out all tilework so as to minimize cuts less than 1/2 file in size. C. Locate file cuts in both walls and floors so as to be least conspicuous. D. Align all floors and wall joints to give straight uniform grout lines parallel with walls. E. All tile joints shall be the same width. F. Ceramic base shall be installed first and ceramic tile shall be installed flush with abutting surface of base. Under no circumstances shall ceramic base be installed on top of ceramic tile flooring. 3.03 WORKMANSHIP A. Supply first-class workmanship in all tilework. B. Use all products in strict accordance with recommendations and directions of manufacturer. C. Proportion all mixes in accordance with latest ANSI Standard Specifications. D. Be sure all tilework is free of grout film upon completion. E. Be sure cut tile edges are clean before installing. F. Fit tile carefully against trim, accessories, pipe, electrical boxes, and other built-in fixtures so that escutcheons, plates, and collars will completely overlap cut edges. G. Be sure tilework is free of grout film upon completion. 3.04 SETTING METHODS A. Ceramic Floor Tile -Tile Council of America, Inc. Method: 1. F111 - Dry set over reinforced cement mortar and cleavage membrane to be used over precast concrete. 2. F113 - Dry set mortar to be used for cast -in-place concrete. © 2012 Stantec 1 193802201 _'J9 '° ' 4 B. Ceramic Base and Wall Tiles - Tile Council of America, Inc. Methods: 1. W202 - Dry set mortar. 3.05 GROUTING A. Follow grout manufacturer's recommendations as to grouting procedures and precautions. B. Remove all grout haze, observing grout manufacturer's recommendations as to use of acid and chemical cleaners. C. Rinse tilework thoroughly with clean water before and after chemical cleaners. D. Polish surface of wall tiles with a soft cloth. 3.06 PROTECTION FROM CONSTRUCTION DIRT A. Cover all tile floors with heavy-duty, non -staining construction paper, masked in place. 3.07 EXPANSION JOINTS A. Provide expansion joints as recommended by Tile Council of America in any room larger than 12 feet in any dimension. 3.08 PROTECTION FROM TRAFFIC A. Prohibit all foot and wheel traffic from using newly tiled floors for at least 7 days. B. Place large, flat boards in walkways and wheelways for 7 days where use of newly tiled floors with cement type grout is unavoidable. END OF SECTION CERAMIC TILE © 2012 Stantec 1 193802201 093113-5 SECTION 09 65 00 RESILIENT FLOORING PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Resilient flooring. 2. Rubber base. B. Related Work: 1. Section 09 29 00 — Gypsum Drywall. 2. Section 09 68 16 Carpeting. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Base Bid. 1.03 QUALITY ASSURANCE A. Minimum of 3 -years experience installing resilient flooring with 10 installations of similar size. 1.04 SUBMITTALS A. Two standard sample kits for each product specified for color selection by Owner. B. Two copies of list of recommended maintenance products and recommended maintenance methods and procedures. C. Additional resilient flooring materials of each type specified for replacement and maintenance at a rate of 1 carton or roll for each 1,500 square feet. 1.05 DELIVERY, STORAGE, AND HANDLING A. Deliver materials to Site in manufacturer's original, unopened containers with labels indicating brand names, colors and patterns, and quality designations legible and intact. B. Do not open containers or remove markings until materials are inspected and accepted. C. Store and protect accepted materials in accordance with manufacturer's directions and recommendations. D. Unless otherwise directed, store materials in original containers at not less than 70 degrees for not less than 24 hours immediately before installation. C 2012 Stantec 1193802201 RESILIENT FLOORING 096500-1 1.06 ENVIRONMENTAL CONDITIONS A. Maintain temperature in space to receive the between 70 degrees F and 90 degrees F for not less than 24 hours before and 48 hours after installation. B. Maintain minimum temperature of 55 degrees F after flooring is installed. PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Armstrong. B. Kentile Floor. C. Roppe. D. Tarkett. 2.02 VINYL COMPOSITION TILE (VCT) A. Colors: As selected from manufacturer's full range of available colors. B. Size: 12 inch by 12 inch. C. Gauge: 1/8. D. Reference Specification: ASTM F1O66. 2.03 BASE MATERIALS (RB) A. Manufacturers: Roppe, 3ohnsonite. B. Material: Rubber with ribbed back. C. Profile: Height 4 inches, gauge 0.080 inch. D. Toe: Caved at hard surface floors. E. Corners (Inside and Outside): Preformed. F. Colors: As selected from manufacturer's full range of available colors. 2.04 APPLICATION MATERIALS A. General: Provide type and brands of adhesive as recommended by manufacturer of covering material for the conditions of installation. RESILIENT FLOORING © 2012 Stantec 1 193802201 096500-2 PART 3 EXECUTION 3.01, INSPECTION OF SURFACES A. Examine substrate for excessive moisture content and unevenness which would prevent execution and quality of resilient flooring as specified. B. Do not proceed with installation of resilient flooring until defects have been corrected, except where correction is indicated under PREPARATION in this Section. 3.02 PREPARATION A. Remove dirt, oil, grease, or other foreign matter from surfaces to receive flooring covering materials. 3.03 APPLICATION OF ADHESIVES A. Mix and apply adhesives in accordance with manufacturer's instructions. B. Provide safety precautions during mixing and applications as recommended by adhesive manufacturer. C. Apply Uniformly Over Surfaces: 1. Cover only that amount of area which can be covered by flooring material within the recommended working time of the adhesive. 2. Remove any adhesive that dries or flims over. 3. Do not soil walls, bases, or adjacent areas with adhesives. 4. Promptly remove any spillage. D. Apply adhesives with notched trowel or other suitable tool. E. Clean trowel and re -work notches as necessary to insure proper application of adhesive. 3.04 INSTALLATION OF TILE MATERIALS A. Lay tile to center of room or space. B. Work toward perimeter. C. Do not lay file less than 1/2 the width of a field tile, except where accepted by Architect/Engineer for irregularly shaped rooms or spaces. D. Cut border tile neatly and accurately to fit within 1/64 inch of abutting surfaces. E. Fit flooring material neatly and tightly into breaks and recesses, against bases, around pipes and penetrations, under saddles or thresholds, and around permanent cabinets and equipment. F. Lay tile parallel to room axis in straight courses with cross -joints in line; lay tile with grain or pattern running in same direction between adjacent tiles. G. Feature Strips and Inserts: 1. Provide borders, strips, or inserts where indicated on the Drawings. 2. Cut to shapes, sizes, and profiles as shown on Drawings. RESILIENT FLOORING © 2012 Stantec 1 193802201 096500-3 3. Carefully scribe into positions on field. 4. Install feature strip to match width of door frame at door jambs between rooms with different colors or patterns of tile as noted on the Drawings. 3.05 INSTALLATION OF BASE A. General: 1. Install base around perimeter of room or space and at casework toe space. 2. Unroll base material and cut into accurate lengths as desired or as required for minimum number of joints. 3. Match edges at all seams or double cut adjoining lengths. 4. Install with tight butt joints with no joint widths greater than 1/64 inch. B. Toe Type Base: 1. Apply adhesive and firmly adhere to wall surfaces. 2. Press down so that bottom cove edge follows floor profile. 3. Form internal corners by using pre -molded corners. 4. Form external corners by using pre -molded corners. 5. Scribe base accurately to abutting materials. 3.06 FINISHING AND CLEANING A. Upon completion of the installation of floor covering, adjacent work, and after materials have set, clean surfaces with a neutral cleaner as recommended by the manufacturer for the type of floor covering material installed. B. Apply 2 coats of non -slip wax or other finish as recommended by the floor covering manufacturer and buff to a sheen. C. Protect completed work from traffic and damage until acceptance by the Owner. END OF SECTION RESILIENT FLOORING © 2012 Stantec 1 193802201 096500-4 SECTION 09 68 13 CARPET TILE PART 1 GENERAL 1.01 SUMMARY A. Section includes carpet tile with matching roll carpet base for direct -glued installation. B. Allowance of $35 per square yard includes purchase, delivery, and installation of carpet tile and carpet base. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be included in Alternate No. 4 pricing. 1.03 REFERENCES A. Carpet and Rug Institute: 1. CRI 104 - Standard for Installation of Commercial Carpet. B. Consumer Products Safety Commission: 1. CPSC 16 CFR 1630 - Standard for the Surface Flammability of Carpets and Rugs. 1.04 SUBMITTALS A. Samples 1. Submit 2 copies of manufacturer's standard sample kit for color selection by Owner. B. Installation instructions, including allowable temperature range. C. Maintenance and cleaning instructions. D. Maintenance Materials: Single piece of carpet for repair and maintenance equal to 5 percent of carpeted area shall be stored as directed by the Owner. E. Test Report 1. Fire hazard classification. 2. Sound absorption. 3. Static control. 1.05 EXTRA MATERIALS A. Supply minimum of 5 percent of the total of carpet tiles, carpet base, and broadloom of each color and pattern selected. © CARPET 2012 Stantec 1 193802201 968 13 L1 PART 2 PRODUCTS 2.01 CARPET TILE A. Manufacturers 1. Shaw Contract Group. 2. InterfaceFLOR, LLC. 3. Mannington Commercial. 4. The Mohawk Group. 2.02 COMPONENTS A. Carpet Tile (CPT -1) 1. Style and color as selected by Architect. B. 6 -Foot Precoat Broadloom Carpet: Same manufacturer, type, color and pattern, and face fiber characteristics as carpet tile, color and pattern as selected by Owner, manufactured in same color dye lot as tile. 2.03 ACCESSORIES A. 4 -inch high carpet base to match color and pattern of carpet tile. B. Contact Adhesive: As recommended by carpet manufacturer. PART 3 EXECUTION 3.01 EXAMINATION A. Verify floor surfaces are smooth and flat and are ready to receive work. 3.02 PREPARATION A. Remove sub -floor ridges and bumps and existing adhesive as necessary. Fill minor or local low spots, cracks, joints, holes, and other defects with sub -floor filler as recommended by the carpet manufacturer. B. Apply, trowel, and float filler to achieve smooth, flat, hard surface. Prohibit traffic until filler is cured. C. Clean substrate. 3.03 INSTALLATION A. Install carpet tile in accordance with manufacturer's recommendations. B. Do not mix carpet from different cartons unless from same dye lot. C. Cut carpet the clean. Fit carpet tight to intersection with vertical surfaces without gaps. D. Install carpet tile in square pattern, with pile direction alternating to next unit (quarter -turn), aligned as indicated on shop drawings. © 2012 Sta tec 1193802201 CARPET TILE 095813-2 E. Carpet tiles shall be laid out whenever possible to provide the edge (cut) tiles area equal to or greater than 1/2 of a full tile. F. Locate change of carpet types between rooms under door centerline. G. Fully adhere carpet the and carpet to substrate: H. Apply adhesives in accordance with manufacturer's instructions. I. Adhere roll carpet as base finish up vertical surfaces to form base. Terminate top of base with cap strip. J. Trim carpet tile neatly at walls and around interruptions. K. Complete installation of edge strips, concealing exposed edges. 3.04 CLEANING A. Remove spots and smears of cement from carpet immediately with solvent. B. Remove rubbish, wrapping paper, salvages, and scraps less than 2 square feet or less than 8 inches in least dimension. C. Upon completion, vacuum with a commercial beater bar type vacuum cleaner. D. After each area of carpet has been installed, protect from soiling and damage. END OF SECTION CARPET TILE @ 2012 Stantec 1 193802201 0968 13-3 SECTION 09 68 16 CARPETING PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Carpet and carpet base. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Base Bid. 1.03 SUBMITTALS A. Samples: 1. Two copies of manufacturer's standard sample kit for color selection by Owner. 2. Cushion: 2 pieces, 12 inches by 12 inches. 3. Accessories: 2 pieces, 6 inches long. B. Installation instructions, including allowable temperature range. C. Maintenance and cleaning instructions. D. Maintenance Materials: Single piece of carpet for repair and maintenance equal to 5 percent of carpeted area or 1 roll, whichever is less, shall be stored as directed by the Owner. Shop Drawings: 1. Dimensions of carpeted area. 2. Pattern direction. 3. Location of cross and length of seam. 4. Location of edge strips. F Test Report: 1. Fire Lazard classification. 2. Sound absorption. 3. Static control. 1.04 GUARANTEE A. Adjustment: During guarantee period and with 15 -days written notice, re -stretch carpet, repair seams, and edges. B. Static Electricity: Manufacturer's 5 -year guarantee that carpet will maintain specified levels of static control. C. Wear: 10 -year limited replacement wear warranty. Covers wear in excess of 10 percent of face fiber. CARPMNr p 2012 Stantec 1193802201 09 68 16 -1 PART 2 PRODUCTS 2.01 CARPET A. Acceptable Manufacturers: 1. Bigelow Commercial. 2. Shaw Industries Group, Inc. 3. Karastan Contract. 2.02 COMPONENTS A. Carpet Type: Tufted, nylon, conforming to the following criteria: 1. Color: a. CPT -1: as selected by Architect. 2. Weave: Textured Loop Pattern, 3. Gauge: 1/10 inch. 4. Stitches Per Inch: 10 to 12. 5. Pile Height: 0.218 inch high; 0.094 inch low. 6. Backing: a. Primary: Polypropylene. b. Secondary: Woven Polypropylene. 7. Total Weight: 28 oz./yd2. 8. Static Electricity Generation: Maximum electrostatic charge 3.5 kilovolts at 20 -percent relative humidity and 70 degrees F. 9. Minimum Width: 12 feet. B. Carpet Base: 1. 4 inch high hemmed top to match adjacent carpet color and type. 2.03 CUSHION A. None. 2.04 INSTALLATION MATERIALS A. Adhesive: Floor and seam adhesive as recommended by carpet manufacturer. B. Tape: 1. Carpet Tape: Vinyl based, double -face, 2 inches wide. 2. Seam Tape: Paperbacked for latex seaming, 4 inches wide. 3. Cushion Tape: Single -face cloth, 2 inches wide. C. Edge Strips: 1. Rubber glue down carpet edge, equal to Roppe. 2. Color to be selected by Architect. PART 3 EXECUTION 3.01 INSPECTION A. Examination: Examine surfaces scheduled to receive carpeting for: 1. Holes, debris, or other defects that will adversely effect the execution and quality of Work. 2. Deviations beyond allowable tolerances for carpet substrates. CARPETING © 2012 Stantec ' 193802201 096816-2 B. Condition of Surfaces: 1. Do not start Work until unsatisfactory conditions have been corrected. 2. Do not install carpet over concrete substrate until concrete has cured 30 days minimum. 3. Do not install carpet until masonry is completed. 4. Install carpeting prior to installation of movable partitions and fixtures. 5. Install carpet within allowable temperature range stated by manufacturer. 3.02 INSTALLATION A. Carpet: 1. Install carpet in accordance with seam diagram. 2. Install carpet with pile inclination in 1 direction. 3. Fit carpet neatly into breaks and recesses against bases, around pipes, and penetrations under saddles and thresholds, and around permanent cabinets and equipment. 4. Seaming: a. Tape seams. b. Trim seams. c. Coat cut edges with seam adhesive. d. Match carpet pattern at seams. 5. Adhesive: a. Apply adhesives in accordance with manufacturer's instructions. b. Apply Adhesive Uniformly: 1) Cover only that amount of area that can be covered by carpet within the recommended working time of adhesive. 2) Do not soil wails, bases, or adjacent areas with adhesives. 3) Promptly remove spillage. c. Apply adhesives with notched trowel. d. Clean trowel and rework patches to assure even application. 6. Broom or roll carpet to remove air bubbles and insure bond. 3.03 CLEANING A. Remove spots and smears of cement from carpet immediately with solvent. B. Remove rubbish, wrapping paper, salvages, and scraps less than 2 square feet or less than 8 inches in least dimension. C. Upon completion, vacuum with a commercial beater bar type vacuum cleaner. D. After each area of carpet has been installed, protect from soiling and damage. END OF SECTION CARPETING © 2012 Stantec 1 193802201 096816-3 SECTION 09 72 00 WALL COVERINGS PART 1 GENERAL 1.01 SUMMARY A. Section includes surface preparation and wall covering. B. Related Sections: 1. Section 06 20 00 — Finish Carpentry. 2. Section 09 29 00 — Gypsum Drywall. 3. Section 09 9100 — Painting. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment: 1. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Base Bid. 1.03 REFERENCES A. ASTM Intemational: 1. ASTM F793 - Standard Classification of Wallcovering by Use Characteristics. B. Federal Specification Unit: 1. FS L -P-1040 - Plastic Sheets and Strips (Polyvinyl Fluoride). C. National Fre Protection Association: 1. NFPA 286 - Standard Methods of Fire Tests far Evaluating Room Fire Growth Contribution of Wall and Ceiling Interior Finish. 1.04 SUBMITTALS A. Section 0133 00 - Submittal Procedures. B. Shop Drawings. Indicate wall elevations with seaming layout. C. Product Data: Submit data on covering and adhesive. D. Samples: Submit two samples of covering, 12 by 12 inches in size illustrating color, finish, and texture. Test Reports: Indicate verification of flame and smoke ratings, when tested by agency approved by authority having jurisdiction. 1.05 CLOSEOUT SUBMITTALS A. Operation and Maintenance Data: Submit data on cleaning, touch-up, and repair of covered surfaces. C 2012 Bonestm 193802201 1.06 QUALITY ASSURANCE A. Surface Burning Characteristics: 1. Textile Wall Coverings: Comply with the following: a. Maximum 25/450 flame spread/smoke developed index when tested in accordance with ASTM E84. 1.07 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing products specified in this section with minimum three years documented experience. B. Installer: Company specializing in performing work of this section with minimum 5 years documented experience. 1.08 DELIVERY, STORAGE, AND HANDLING A. Inspect roll materials on site to verify acceptance. B. Protect packaged adhesive from temperature cycling and cold temperatures. C. Do not store roll goods on end. 1.09 ENVIRONMENTAL REQUIREMENTS A. Do not apply materials when surface and ambient temperatures are outside temperature ranges required by adhesive or vinyl covering product manufacturer. B. Maintain these conditions 24 hours before, during, and after installation of adhesive and covering. 1.10 EXTRA MATERIALS A. Supply 10 linear feet of each color and pattern of covering; store where directed. B. Package and label each roll by manufacturer, color and pattern, and destination room number. PART 2 PRODUCTS 2.01 WALL COVERING A. Manufacturers: 1. Koroseal Wall Coverings: Model Desert Sand. 2. Substitutions: Section 0160 00. 2.02 COMPONENTS A. Wall Covering: Vinyl coated fabric roll stock, conforming to the following: 1. Total Thickness: 26 mils (0.66 mm). 2. Total Weight: 14 oz/sq yd (474.4 g/sq m). 3. Vinyl Finish Weight: 21 oz/1 yd (651 g/1 m). 4. Roll Width: 52/54 inches (132/137 mm). 5. Color: As selected by Owner. 6. Pattern: None. © 2012 Bonestroo 1193802201 WALL COVERINGS 097200-2 7. Surface Texture: Stipple. S. Overcoating: Stain resistant, polyvinyl fluoride over -coating, 0.0005 inch (0.01 mm) thick. B. Adhesive: Type recommended by covering manufacturer to suit application to substrate. C. Substrate Filler: As recommended by adhesive and covering manufacturers; compatible with substrate. PART 3 EXECUTION 3.01 EXAMINATION A. Verify substrate surfaces are ready to receive work, and conform to requirements of covering manufacturer. B. Measure moisture content of surfaces using electronic moisture meter. Do not apply coverings unless moisture content of surfaces are below the following maximums: 1. Plaster and Gypsum Wallboard: 12 percent. 3.02 PREPARATION A. Fill cracks in substrate and smooth irregularities with filler; sand smooth. B. Wash impervious surfaces with tri -sodium phosphate, rinse and neutralize; wipe dry. C. Surface Appurtenances: Remove or mask electrical plates, hardware, light fixture trim, escutcheons, and fittings prior to preparing surfaces or finishing. D. Surfaces: Correct defects and clean surfaces which affect work of this section. Remove existing coatings that exhibit loose surface defects. Vacuum dean surfaces free of loose particles. 3.03 INSTALLATION A. Apply adhesive to covering surface immediately prior to application of covering. Let contact adhesive set tack free. B. Razor trim edges on Flat work table, changing blade often to prevent rough cut edges. Do not razor cut on gypsum board surfaces. C. Apply covering smooth, without wrinkles, gaps or overlaps. Eliminate air pockets and ensure full bond to substrate surface. Butt edges tight. D. Horizontal seams are not acceptable. E. Install covering before installation of bases, hardware, chair rail, or items attached to or spaced slightly from wall surface. Do not install covering more than 1/4 inch below top of resilient base. F. Remove excess adhesive while wet from seam before proceeding to next covering sheet. Wipe clean with dry cloth. WALL COVERINGS © 2012 Bonestroo 1 193802201 097200-3 3.04 CLEANING A. Clean coverings of excess adhesive, dust, dirt, and other contaminants. B. Reinstall wall plates and accessories removed prior to work of this section. END OF SECTION WALL COVERINGS © 2012 Bonestoo 1193802201 097200-4 SECTION 09 91 00 PAINTING PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Surface preparation, materials, and application of protective coatings specified herein. 2. Field applied coatings. B. Related Sections: 1. Section 09 29 00 — Gypsum Drywall. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment: I. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Base Bid. 1.03 REFERENCES A. American Society for Testing and Materials (ASTM): 1. F1869 "Standard Method of Measuring Moisture Vapor Emission rate of Concrete Subfloor Using Anhydrous Calcium Chloride." 2. D4541 "Test Method for Pull -Off Strength of Coatings Using Portable Adhesion Testers." 3. E-337 "Test Method for Measuring Humidity by Psychrometer." 4. D4414 "Standard Practice for Measurement of Wet Film Thickness by Notched Gauges." 5. Committee D01.23 "Test Method for Nondestructive Measurement of Dry Film Thickness of Applied Organic Coatings Using Ultrasonic Gauge." B. ICRI — International Concrete Repair Institute: 1. Technical Guideline No. 03372, Selecting and Specifying Concrete Surface Preparation for Sealers, Coatings and Polymer overlays. C. SSPC- The Society for Protective Coatings and NACE- The National Association of Corrosion Engineers — Surface Preparation Specifications. The current preparation standards are joint standards SSPC/NACE: 1. SSPC-SP13/NACE No. 6, Surface Preparation of Concrete. 2. NACE RP0188 "Discontinuity Holiday Testing of Protective Coatings." 1.04 SUBMITTALS REQUIRED A. Shop Drawings: Furnish shop drawings in accordance with Section 0133 00. Include data sheets for each paint system required, as well as color charts. Submit shop drawings of the proposed stencil lettering, arrows, and words to be provided. B. Factory -Applied Coatings: Submit to the Architect for review certified lab testing from manufacturer that the coating system meets or exceeds requirements specified within. Include product data sheets and testing information specified for submittals in Part 2 - Products. PAINTING © 2012 Stantec 1 193802201 099100-1 C. Warranty: The Contractor and coating manufacturer shall warrant jointly and severally to the Owner and guarantee the Work under this Section against defective workmanship and materials for a period of 2 years commencing on the date of final acceptance of the Work. 1.05 QUALITY ASSURANCE A. The paint products mentioned in the following Specification are set up as a standard of quality. The standard "or equal" clause shall apply. Requests for substitution shall include the name of the specified material for which a substitution is sought, the name of the proposed material, product data sheets, and certified lab testing for each of the criteria referenced below. Additional information may be requested by the Architect. No request for substitution shall be considered which would decrease film thickness or change the generic type of the coating specified. The decision of the Architect regarding approval or disapproval of the proposed substitution shall be final. 1. Performance Criteria to be referenced for each product shall include: a. Abrasion - ASTM D4060, CS -17 Wheel, 1,000 -grams load. b. Adhesion - ASTM D4541. c. Hardness - ASTM D3363. d. Humidity - ASTM D2247 and D4585. e. Salt (Fog) Spray - ASTM B117. f. Corrosion Weathering — ASTM D5894. B. Experience: Contractor must have performed satisfactory installation of protective coatings systems in wastewater treatment facilities and shall have 5 years of practical experience in the application of specified products. Upon request, Contractor shall substantiate this requirement by furnishing a list of references and job completions. In lieu of experience, the Contractor shall provide a guaranty bond or cash deposit equivalent to 100 percent of the Painting Bid Price to guarantee performance. The Contractor shall submit documentation from the manufacturer that he has successfully completed training or obtained certification on the use of the product systems specified herein. C. A minimum of 30 days prior to the start of any painting, Contractor shall schedule a meeting held at the Site with the manufacturer's representative, painting contractor, General Contractor, the Owner, and the Architect. Items discussed will be application, surface preparation, environmental control, coordination, paint properties, safety, quality assurance measures, etc. D. Coating manufacturer shall provide a qualified representative to visit the Site as required for quality assurance and to determine compliance with manufacturer's instructions and this Specification. The Architect may require a manufacturer's representative to resolve field problems pertaining to products furnished under this Contract. E. Inspection by the Architect or the waiver of inspection of any particular portion of the Work shall not be construed to relieve the Contractor of his or her responsibility to perform the Work in accordance with these Specifications. Owner reserves the right to hire a third party inspector if deemed necessary. Inspector(s) shall have full access to all areas of Work. Contractor shall complete documentation of quality assurance for the Project. Documentation shall be available to Owner/Architect for periodic analysis throughout the Project and submitted to Owner/Architect as a complete package prior to construction completion. Among the minimum items that should be included as part of this quality assurance is: 1. Documentation that preparation procedures meet the standard specified for each system. 2. Documentation of mil thickness of each coat as it applies to this Specification. �- PAINTING © 2012 Stantec 1193802201 099100-2 3. Visually inspect and document coatings especially linings for un -cured resin, bubbles, pinholes, fisheyes, checking and foreign debris. Then mark and repair these areas. 4. Test for holidays in immersion areas by use of a holiday detector system. 5. Note: At contractors' option, he or she may elect to have this done by a third party inspector at the Contractors expense. 1.06 SURFACES REQUIRED TO BE PAINTED A. It is the intent that all new interior exposed surfaces of gypsum drywall be painted, whether specifically mentioned or not. B. All existing interior exposed surfaces of gypsum drywall as indicated on the Drawings. 1.07 SURFACES NOT REQUIRED TO BE PAINTED A. Non-ferrous and corrosion -resistant ferrous alloys, such as copper, bronze, monel, aluminum, chromium plate, stainless steel, factory finished metal roofing, metal facing panels, metal soffits, plus fiberglass, except as noted below. Therefore, paint the following: 1. Where required for electrical insulation between dissimilar metals. 2. Aluminum in contact with concrete or masonry. 3. All electrical conduit. 4. Vents, grills, and louvers that are not prefinished. 5. Aluminum ductwork. 6. Copper water and drainage piping systems, including valves and accessories. B. The following surfaces shall not be painted: 1. All HVAC machinery, vents, grills, and louvers that are anodized or factory finished with baked enamel. 2. Non-metallic materials, such as glass and porcelain, except as required for architectural painting or color -coding. 3. Electrical motor control and supervisory panels furnished with baked enamel finish or specified not to be painted. 4, Non -exposed galvanized steel surfaces, such as conduit above suspended ceilings. 5. Anodized aluminum doors, doorframes, and windows. 6. Sprinkler heads. 7. Interior concrete or concrete block walls and ceilings above suspended ceilings. 8. Finish materials with inherent color. 9. Caulking: Pre -colored caulking shall be provided. 10. Surfaces below grade that will be covered with soil. 11. Submerged and non -submerged concrete of primary and final clarifiers. 1.08 COORDINATION AND SCHEDULING A. Painting shall be done at such times as agreed upon by the Contractor and Architect in order that neat, dust -free work is obtained. All painting shall be done strictly in accordance with the manufacturers' instructions and shall be performed in a manner satisfactory to the Architect. B. Contractor shall strictly adhere to the temperature, dew point, relative humidity, and any other requirements specified on the manufacturer's product data sheets. All heating units shall be indirect fired and explosion proofed. No open flame heaters may be used during application or curing of coatings. All combustion by-products shall be positively vented to the outside. C. Conform to the requirements of Division 01. © 2012 5tantec 193802201 099100-3 D. Damage to painted surfaces incurred during construction shall be repainted by the Contractor at no cost to the Owner. E. General Contractor shall coordinate with painting subcontractor, paint supplier, and equipment and material suppliers that factory applied coatings are compatible with final coatings of proposed manufacturers of this Section. F. Protection: Cover or otherwise protect finished work of other trades and surfaces not being painted concurrently or not to be painted. 1.09 PAINT DELIVERY AND STORAGE A. All materials shall be delivered to the Site in the original sealed and labeled containers and shall be subject to inspection by the Architect. All labels shall show the name of the manufacturer, general type of paint, batch date or number, color name or number, and trade name and number identifying each specific product. B. All materials used on the Project by the Contractor shall be stored in a single place provided by the Contractor or designated by the Architect. Such storage shall comply with OSHA Requirements and the recommendations of the National Fire Protection Association. Product data safety sheets shall be kept on Site at all times. C. Oily or solvent -soaked rags and all waste shall be removed every night and all necessary precautions shall be taken to reduce fire hazard to a minimum. PART 2 PRODUCTS 2.01 APPROVED MANUFACTURERS A. Paints, Coatings, Linings, Sealers, and Stains: 1. Tnemec (Standard of Quality). Note, that Series 20 or FC 20 may be substituted for Series N69 or N69F, but Series N69 or N69F shall not be substituted for Series 20 or FC 20. 2. Equivalent products by Sherwin Williams. 3. Bid other manufacturers as Substitute items. B. Latex Paint: 1. The Sherwin Williams Company (Standard of Quality). 2. Equivalent products by Tnemec, Benjamin Moore, or Ameron. 2.02 COLORS A. All colored products shall be assumed to be tinted, unless stated otherwise. B. Room finish colors shall be selected by Owner. C. The Architect shall select colors from manufacturers' standard and special OHSA safety color guide. D. Interior room colors shall be selected by the Owner and may be a different color in each room. Ceilings and Floors may be different colors than walls and there may be up to 2 wall colors in each area. E. The Contractor shall submit color charts to the Architect and Owner and obtain an approved color schedule for all coatings prior to application. PAINTING © 2012 Stantec 1193802201 099100-4 2.03 MATERIALS A. The specified products are the standard of quality. B. All unspecified materials, such as shellac, turpentine, or linseed oil, shall be the "best grade" or "first line" product made by a reputable recognized manufacturer. C. All materials applied to the same surface shall be compatible. D. Materials shall be ready -mixed, except for tinting of under coats and possible thinning (if recommended by the manufacturer). PART 3 EXECUTION 3.01 GENERAL SURFACE PREPARATION A. All surfaces to be painted shall be prepared with the objective of obtaining the cleanliness and profile required for the specified coating system and intended service environment. No painting shall be done before the prepared surfaces are approved by the Architect. Approval by the Architect does not relieve the Contractor of responsibility to meet all requirements of Specifications, paint manufacturer requirements/recommendations, rework as required, etc. B. Remove, mask, or otherwise protect hardware, lighting fixtures, switch plates, aluminum surfaces, machined surfaces, couplings, shafts, bearings, nameplates on valves and machinery, and other surfaces not intended to be painted. Provide drop cloths to prevent paint materials from falling on or marring any adjacent surfaces. Protect working parts of all mechanical and electrical equipment from damage during surface preparation and painting process. All openings in motors shall be masked to prevent paint and all other materials from entering the motors. C. Perform preparation procedures for each substrate in strict accordance with paint manufacturers written instructions and as outlined in the following schedule. Refer to the subsequent discussions for specific preparation requirements: 1. S1: SSPC-SP1 Solvent Cleaning a. The removal of all visible oil, grease, soil, drawing, and cutting compounds, and other soluble contaminants from surfaces with solvents or commercial cleaners using various methods of cleaning, such as wiping, dipping, steam cleaning, or vapor degreasing. 2. S2: SSPC-SP2 Hand Tool Cleaning a. The removal of all loose mill scale, loose rust, loose paint, and other loose detrimental foreign matter by the use of non -power hand tools. 3. S3: SSPC-SP3 Power Tool Cleaning a. The removal of all loose mill scale, loose rust, loose paint, and other loose detrimental foreign matter by the use of power -assisted hand tools. 4. S4: Pressure Wash a. The entire surface shall high pressure washed at a minimum 1,500 psi removing all loose paint, dirt, or foreign matter. Upon completion of pressure washing procedure, rinse all areas with potable water and allow to dry. Dryness of surface shall be verified by use of polyethylene moisture test or a reading of 17 percent or less utilizing a moisture meter. 5. S5: Concrete/Gypsum a. Prepare cementitious surfaces of concrete, concrete block, cement plaster, and mineral fiber board to be painted by removing all efflorescence, chalk, dust, laitance, dirt, grease, oils, and by roughening as required to remove glaze. Scrape and grind fins and protrusions flush with surface. Rake mortar joints clean. © 2012 5tantec 1193802201 099100-5 D. Wood Surfaces 1. Wood surfaces shall be thoroughly cleaned and free of all matter with cracks, nail holes, and other defects properly filled and smoothed or cleaned, smooth and dust free. 2. Prior to the application of any stain, the wood surfaces must be thoroughly sanded to remove all mill marks and scratches. 3.02 PAINT APPLICATION A. Apply each coat at the rate specified for application by the manufacturer. All dry film thickness requirements must be met per this specification regardless of brush roll or spray application. Brush and Roller applications may require additional coats to met the minimum requirement for each coat in each system. B. Curing time shall not be determined by average curing time under ideal laboratory conditions. Drying time shall be construed to mean "under normal conditions." Temperature, relative humidity, and other environmental factors must be observed. Where conditions are other than normal because of the weather or because painting must be done in confined spaces, longer curing and drying times will be necessary. Additional coats of material shall not be applied over previously applied coats until those coats are adequately cured and thoroughly dried. Units shall not be placed in service until coatings are properly cured and thoroughly dry. C. Where thinning is necessary, only the products of the manufacturer furnishing the paint for that particular purpose shall be accepted and all such thinning shall be done strictly in accordance with the manufacturers' instructions as well as with the full knowledge and approval of the Architect. D. Protection of Materials Not To Be Painted: Remove, mask, or otherwise protect hardware, lighting fixtures, switch plates, aluminum surfaces, machined surfaces, couplings, shafts, bearings, nameplates on machinery, etc. and other surfaces not intended to be painted. Provide drop cloths to prevent paint materials from falling on or marring any adjacent surfaces. Protect working parts of all mechanical and electrical equipment from damage during surface preparation and painting process. All openings in motors shall be masked to prevent paint and all other materials from entering the motors. E. Paint shall not be applied in extreme heat, temperatures below or above manufacturer's recommendation as listed on the product data sheet, nor in dust, smoke -laden atmosphere, and damp or humid weather. Apply paint in strict accordance with all product data sheet recommendations. F. Finish mats shall be uniform in color and sheen without streaks, laps, runs, sags, pinholes, missed areas, etc. G. In the event heating devices are used, they shall be explosion -proof and of the type that do not exhaust moisture, sooty or oily residues or any other contaminants into the structure, tank, building, etc. Forced air electric heat or heat exchangers with all combustion products positively vented to the exterior is required. Yellowing or any other discoloration of paint will be unacceptable and will require repainting at no additional expense to Owner. Contractor shall be responsible to provide all ventilation, heating, etc. to provide proper curing for Dainting and to prevent discoloration. PAINTING © 2012 Stantec 1193802201 099100-6 3.03 COATING SCHEDULE A. The following surfaces shall receive the surface preparation described in Article 3.01 and the product mentioned below. Prime, intermediate, and finish coats shall be of noticeably different, but compatible colors. FM -4 Interior Metal Doors and Frames, and Metal Window Frames a. Surface Preparation: S1 thru S4 as necessary based on condition of metal. b. Shop/Field Primer: Sherwin Williams - Kem Bond HS at 2.5 to 3.5 mils DFT. c. Intermediate Coat: Sherwin Williams Steel — Master 9500 at 2.0 to 3.0 mils DFT. d. Finish Coat: Sherwin Williams Steel -- Master 9500 at 2.0 to 3.0 mils DFT. e. Total DFT: 6.5 to 9.5 mils. M-1 Concrete Masonry Units - Interior Exposure a. Surface Preparation: S4 and S5. b, 1 Coat of Tnemec Series 54 — 660 polyamide epoxy masonry filler, 10 mils DFT. c. 2 Coats of Tnemec Series N69 or N69F epoxy at 200 square feet per gallon. W-1 Wood Surfaces — Interior Surfaces a. Wood Filler: If necessary mix 1 -part Fuller O'Brien Pen -Chrome Paste Wood Filler to 1 -part Pen -Chrome Interior Wood Stain to fill defects. b. Stain: Fuller O'Brien 690 -XX Pen -Chrome interior wood stain (color selected by Architect). c. Finish: 2 -coats Fuller O'Brien 6,;n -n1 pen-rhrnmP riaar Satin varnish (sand between coats). G13-1 Gypsum Board - Paint a. 1 coat of PrepRite@ 200 Latex Primer, 1328, 1.2 mils DFT. b. Finish: 2 coats Pro Mar 200 Latex Egg Shell Enamel, B20, 1.5 mils DFT/coat. 3.04 DAMAGED COATINGS A. Damaged coatings and pinholes shall have the edges feathered and repaired in accordance with paint manufacturer's directions. B. All finish coats, including touch-up and damage -repair coats, shall be applied in a manner that will present an appearance of uniform color and texture. 3.05 UNSATISFACTORY APPLICATION A. If the item has an improper finish color or insufficient film thickness, the surface shall be cleaned and topcoated with the specified paint material to obtain the specified color and coverage. Specific surface preparation information shall be obtained from the paint manufacturer and the Architect. B. All visible areas of chipped, peeled, or abraded paint shall be ]rand or power sanded feathering the edges. The areas shall be primed and finish coated in accordance with the Specifications. Depending on the extent of repair and its appearance, a finish sanding and topcoat may be required by the Architect. C. Work shall be free of runs, bridges, shiners, laps, or other imperfections. Evidence of the conditions is grounds for rejection. D. Any defects in the coating system shall be repaired by the Contractor per written recommendations of the coating manufacturer. PAIN -ENG p 2012 Stantec 1193802201 099100-7 3.06 CLEANUP A. All rags and waste that may be constituted a fire hazard shall be placed in closed metal containers or destroyed at the end of each day. Upon completion of the work all staging, scaffolding, and containers shall be removed from the Site or destroyed in a legal manner. Paint spots, oil, or stains upon adjacent surfaces and floors shall be completely removed and the entire Site left clean and acceptable to the Architect. END OF SECTION © 2012 Stantec 1 193802201 099100-8 INOUVAMM MWO donfairg unrOn:i MrdOM Dnene ViOS3NNIW '�WOH MRN � a LL R u b I�g A t� too Shat tK `Im 11 11�R 0s 9 go w fill 1 1h MAN 111,11 11 o e® Q o ® o 8 G o - NOuvnONU MEW 110MIN1 AMINA SNaOM 31IGnd I ..., i e:;. _,M4 , V.LOS3NNIW'3dOHNON 110 Rk��CgY 11415 _10i�_ 9 IN IN UN " e$ _m$Wig3 HO � HHwip 211,5at oil a I'M Nil "61 11 URI Mal, 21P VIP Eli lip RM111 Jill ifl qP1,111 _PFUH klfilpil IR111 8S SS 88S 8 S eg t 114�d d a d ti d t9 II&A 11 111M 18h I I I I t 01 1,1111.1 .. 114 H N HIM �ti�� :� � �� g9 � "Ma ll� q"Iln i g hoh skill 11,19, v;;5 91 14 HIM Q 9 Ig S S S �= lig EgS tzw Mm �3�I W g es�aeisss�s��»s��+�xaagA WSCKI[z[Gt[IC e.n-roq fO�Oi(5[S�N.Y 1ia[mmNxmNph Leone Valerie From: Leone Valerie Sent: Friday, April 27, 2012 9:36 AM To: Coone Paul; 'Coulter, Mike' Cc: Johnson Guy; McDonald Kirk; Brutlag Kristi Subject: LMCIT claim for water damage at public works We received a check for $78,600.23 (previously received $7,516.68) so total paid by LMCIT to date is $86,116.91. This amount is correct figuring in the $25,000 deductible. Per our discussion —you just received Stantec's bill and the cost is $8,387.90 (estimate was $6,500);. Please provide Mike Coulter with a copy of Stantec's fees so that we can get reimbursed for that amount also. That's the only outstanding issue with the League. When you pay the bill to Lindstrom, remember that $15,730 of it (for floor drains) will be funded by Eqp replacement fund (per Guy's 3/26/12 RFA). The balance should be coded to 0345-7370 (insurance) with a reference to project #902 and liab claim 2011-25. Thanks. Valerie Leone, City Clerk City of New Hope (763)531-5117 vleone@ci.new-hope.mn.us 4-19-12 Summary of incurred cost to date Trust -member: City of New Hope Date of Loss: 12-16-11 Type of loss: Water damage LMCIT claim no: PC 0011461 Loc. 4 Public Works Building 1. Emergency sheetrock and mold abatement $34,996.08 Invoice Lindstrom Construction 2. Emergency water extraction by city employees $819.79 Overtime basis 3. Final cost of repairs per bids to the public $74,965.00 V Lindstrom Construction 4. Water damage to fuel and air filters $336.04 Invoice from Scharber and Sons. Total incurred cost to date $111,116.91 Less deductible (-$25,000.00) ✓ Less advance (-$7,516.68) i/ -------------------- Amount payable to the Trust -member $78,600.23 (5,730 19P It-ef. 5-16-12 Summary of incurred cost to date ---------------------------------------- Trust-member: City of New Hope Date of Loss: 12-16-11 Type of loss: Water damage LMCIT claim no: PC 0011461 Loc. 4 Public Works Building ----------------------------------- I . Emergency sheetrock and mold abatement Invoice Lindstrom Construction 2. Emergency water extraction by city employees Overtime basis 3. Final cost of repairs per bids to the public Lindstrom Construction 4. Water damage to fuel and air filters Invoice from Scharber and Sons. 5. Consulting fees Bruce Paulson Stantec Engineering $34,996.08 $819.79 $74,965.00 $336.04 $5,655.90 Total incurred cost to date $116,772.81 Less deductible (-$25,000.00) Less advance (-$7,516.68) Less advance (-$78,600.23) Amount payable to the Trust -member $5,655.90 Leone Valerie From: Coulter, Mike [mcoulter@lmc.org] Sent: Wednesday, May 16, 2012 3:40 PM To: Leone Valerie Subject: final cost of repairs to incl. Stantec invoice PC 0011461 Attachments: st of loss 0011461.docx Good afternoon Attached is the final summary of cost for the repairs. I have requested the Stantec invoice to be paid direct to your attn. My file is now closed. If you have any questions please advise. Mike Coulter - Claims Adjuster Tel: (612-849-3001) 1 Fax: (651-281-1297) mcoulter(&Imc.org I http:llwww.imc.org/ League of Minnesota Cities 145 University Ave. West, St. Paul, Mn.55103 Connecting & Innovation since 1913 DATE: NAME: y { 1 RECEIPT REMARK: 1150 i FUND OBJECT OBJECT DESCRIPTION SUB TYPE SUB LEDGER AMOUNT 9001 2383 SURCHARGE 9001 4125 SOLICITOR REGISTRATION 9001 4155 LIQUOR LICENSE/BACKGROUND 9001 4318 ELECTRICAL PERMIT 9001 4510 ADMIN. CITATION 9001 4531 RENTAL REGISTRATIONS - CASH 9001 4531 RENTAL REGISTRATIONS - CHECK 9001 4531 RENTAL REGISTRATIONS - CHARGE 9001 4645 ANIMAL CONTROL - IMPOUND 9001 4645 ANIMAL CONTROL — BOARDING taxable 9001 4700 CITY MAPS taxable 9001 4710 PHOTOCOPIES taxable 9001 4716 ANIMAL LICENSE - CASH 9001 4716 ANIMAL LICENSE - CHECK 9001 4716 ANIMAL LICENSE - CHARGE 9001 5490 NOTARY 9503 2460 ESCROW o? EY L reg,: , -Lo a- a s` 5-055', '90 CLe- WKS r acs 9001 2381 SALES TAX TOTAL PAID BY: ❑CASH 5CHECK ❑CREDIT CARD ❑WIRE IIN WRBC US Bank 0002003746 East Grand Forks, MN 3504$88 11-2 /910 11CMC000001130 PCO011461 05/18/2012 AMOUNT �"**'**•**"*5,655.90 VOID AFTER 90 DAYS 0000 200 3 4 4 611' 11680910000221: 160231,S46354110 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST POLICY # 11CMC000001130 INSURED NAME: -NEW HOPE CITY OF CLAIM M PCO011461 CLAIMANT NAME: NEW HOPE CITY OF CHECK #: 0002003746 CHECK DATE: 05/18/2012 PAYMENT: LOSS DATE: 12116/2011 LOSS PAYEE: NEW HOPE CITY OF DESCRIPTION: SUPPLEMENTAL PAYMENT FOR DAMAGE TO BUILDING A..(?/1-a5 C�/i2 p� Jaz � 1/0 7- s"Y �0 1 0002003746 L6ArJE OF MINNESOTA CITIES INSURANCE TRUST Pr..q Casualty Fund Claim Account jGUEOr 222 South Ninth Street, Suite 1300 I Minheapolls, MN 35402 PAIS' � Five ousand Six Hundred Fifty -Five Dollarsmrtd Rlinety Cents iLL ip TO THE NEW HOPE CITY OF ORDER OF Marl To NEW HOPE CITY OF i ATTN: CITY CLERK 4401 XYLON AVENUE NORTH NEW HOPE MN 55428-4843 WRBC US Bank 0002003746 East Grand Forks, MN 3504$88 11-2 /910 11CMC000001130 PCO011461 05/18/2012 AMOUNT �"**'**•**"*5,655.90 VOID AFTER 90 DAYS 0000 200 3 4 4 611' 11680910000221: 160231,S46354110 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST POLICY # 11CMC000001130 INSURED NAME: -NEW HOPE CITY OF CLAIM M PCO011461 CLAIMANT NAME: NEW HOPE CITY OF CHECK #: 0002003746 CHECK DATE: 05/18/2012 PAYMENT: LOSS DATE: 12116/2011 LOSS PAYEE: NEW HOPE CITY OF DESCRIPTION: SUPPLEMENTAL PAYMENT FOR DAMAGE TO BUILDING A..(?/1-a5 C�/i2 p� Jaz � 1/0 7- s"Y �0 1 0002003746 COUNCIL x Request for Action Originating Department Approved for Agenda Agenda Section Public Works September 10, 2012 Consent Item No. By: Guy Johnson By: Kirk McDonald, City Manager 6.7 Resolution approving final payment of $4,534.75 to Lindstrom Cleaning & Construction Inc. for restoration of interior rooms at the New Hope Public Works facility (Project 902) Requested Action Staff recommends that Council approve a resolution to accept the Public Works facility's restoration project, and authorize the final payment to Lindstrom Cleaning & Construction Inc. in the amount of $4,534.75. Background In December of 2011, the toilet in the men's restroom malfunctioned and the tank overflowed causing flooding in a large area of the Public Works facility. A claims adjuster from the League of Minnesota Cities inspected the damage and found mold behind the vinyl base along the floor of some walls. The claims adjuster brought in a restoration company the first week in January to remove the sheetrock from the walls that contained mold. By midweek it became apparent that the mold was more extensive than originally anticipated and the restoration staff was replaced by a mold abatement staff. The mold abatement staff began extensive abatement procedures the second week of January. Abatement procedures were completed by mid-February. Plans and specifications were sent out to seven companies. The bid opening was February 28, with Lindstrom Cleaning & Construction Inc. being the only firm to submit a bid. The bid tab contained a base bid and four alternates. The base bid was for restoration of the facility necessary because of the mold abatement process. Alternates 1 and 2 were for removing the concrete floors and adding floor drains in the custodial room as well as the men's and women's restrooms. Alternate 3 was for removal of the vinyl wallpaper and prepping of the walls for painting where the sheetrock has been removed from the lower portion of the walls. Motion by Second by C4/14e, To:�+'" J I: IRFA\PUBWORKS12012\902 PW Interior Restoration Final.doc Request for Action September 10, 2012 Page 2 Alternate 4 was for installing carpet tile grids rather than a single piece of carpet in the conference room. Staff recommended awarding the base bid along with Alternates 1 and 2. If there had been a floor drain in the men's restroorn when the toilet malfunctioned, the drain would have helped alleviate the water damage in the rest of the facility. Due to the cost, staff did not recommend awarding Alternate 3. Also, staff did not believe there was sufficient value to justify Alternate 4 and the additional cost for installing carpet tiles in the conference room. On March 26, 2012, the Council approved a contract with Lindstrom Cleaning & Construction Inc. for repairing the damage done to walls and floors during the mold abatement process at the Public Works facility. Funding Lindstrom Cleaning & Construction Inc.'s base bid for restoration of the facility due to the mold abatement process was $74,965. Their bid to install a floor drain in the custodial room was $6,560, and $9,170 for the two restrooms, for a total of $90,695. All work has been satisfactorily completed. The city previously made partial payments totaling $86,160.25. The final payment due is $4,534.75. The base bid of $74,965 was funded by the city's insurance with the League of Minnesota Cities. Funding for Alternates 1 and 2, $15,730, was through the equipment replacement fund. Attachments Attached are copies of the resolution, the engineer's memorandum recommending acceptance, and the final pay request. I:1RFA\PUBWORKS120I21902 PW Interior Restoration Final.doc City of New Hope Resolution No. 12-132 Resolution approving final payment of $4,534.75 to Lindstrom Cleaning & Construction Inc. for restoration of interior rooms at the New Hope Public Works facility (Project 902) WHEREAS, the city has entered into a contract with Lindstrom Cleaning & Construction Inc. for the restoration of interior rooms at the New Hope Public Works facility; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept the Public Works facility's restoration project and approve final payment to Lindstrom Cleaning & Construction Inc. in the amount of $4,534.75; and, WHEREAS, city staff has reported that all work has been satisfactorily completed and recommends that final payment be made to Lindstrom Cleaning & Construction Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council accepts the Public Works facility's restoration project from Lindstrom Cleaning & Construction Inc. 2. That the city manager is hereby directed to authorize the final payment of $4,534.75 to Lindstrom Cleaning & Construction Inc. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 10th day of September, 2012. Mayor Attest: 2 �h / J A I J rzyu— City Clerk 0 Stantec August 28, 2012 Stantec Consulting Services, Inc. 2335 Highway 36 West St. Paul, MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Mr. Paul Coone City of New Hope Public Works Facility 5500 International Parkway New Hope, MN 55428 Re: Public Works Facility Office Renovation Project Client Name: City of New Hope Client Project No.: 902 Stantec Project No. 193802201 Pay Request No. 3 - Final Dear Mr. Coone: Transmitted herewith are four (4) copies of Request for Payment No. 3 -Final for the above referenced project This Application and Certificate for Payment is for work completed through August 25, 2012. The work on this project has been satisfactorily completed and we recommend approval for payment in the amount of $4,534.75. Please execute the documents and distribute as follows: I copy City of New Hope 2 copies Lindstrom's Cleaning and Construction, Inc. Attn: Dennis Werner 1 copy Stantec Consulting Services, Inc. Attn: Bruce Paulson Also attached for your file are the IC -134 Withholding Affidavits for Contractors and Waiver of Mechanical's Lien Rights. Should you have any questions regarding this project, please feel free to call me at 651-604-4849. Sincerely, STANTEC CONSULTING SERVICES, INC. Bruce P. Paulson, AIA CC: File Attachments Owner: My of New Hope, 4401 X Ion Ave. N. New Hope, MN 55428 Date: August 28 2012 For Period: 6/26/2012 to 8/2512012 Request No 3 -Final r...,r��.,.F.... 1 1-4— ri—Inn Z rnnctmefinn_ Tnr_ Q"I Tenth Avenue North. Plvmouth. MN 555 441 CONTRACTOR'S REQUEST FOR PAYMENT PUBLIC WORKS FACILITY OFFICE RENOVATION PROJECT STANTEC FILE NO. 193802201 CITY PROJECT N0. 902 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. Reoommended for Approval by: STANTEC CONSULTING SERVICES, INC. See attached for signature Approved by Contractor: LINDSTROM CLEANING & CONSTRUCTION, See attached for signature Specified Contract Completion Date: 19w=01 REQS-MaUlsm $ 9,695.00 $ 0.00 $ 0.00 $ 90 695.00 $ 90 695.00 $ 0.00 $ 90 695.00 $ 0.00 $ 90,695.00 $ 86 160.25 $ 0.00 3 -Final $ 4,534.75 Approved by Owner: NEW HO v cm 0) a N 0 E U O 0 QX X X o LU a9W _ U- _ O - U Q � O U 0 O N 0 i .N. M � O � C N w N ei 0 N zv z z O ¢ Q Q O �- Lou pCL u00R Q dUUCL cc a 00 � o0 :Ln � O Ln Z O a O�Tx U4Z 5 0 4 p C u vv17 m c �d 9 ° � N Ja`O+w go AANVV~ 1* LU v U N 3 m c UJ -2-03- �a 0.1 �3Q 0Ws. g ""� .o a s + O O N + m y V a •;,� O u O y Lsl N s=.= La dag006 �� as x p N •° ate+ ■ i N O ti. 'U O "� v U �,,, tlJ CL 09 LU 4 tbl Cc w_ad�; ari a, u-oT:.9pj:a in a'fl a a.. 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C o m o c o, w A o d d a o 0 0 o d c b b o 0 o d d d o o O 0o CR o 0 o O b C7 o a d o 0 0 0 0 o b. b C, C] 0 000.00CSCo6CicCooCoOCaooO O O O O O 0 O b O O Co O O O O O O O d b O U z O C C7 O O O O O O O O O O O O O O O O O O m O_ b C7 C ej C C try N O L O to O C5 C o 0 0 Co 0 h E" 0 tri 0 C? 0 0 O 0 h 0" " l- N CN %O m m en O 't tiQ O N r'i oo c+z in N in N N N N NCD a a O 0 4 O C7 O O b O O O O O O O O O O O b O O o C+ b O o 0 0 0 0 0 0 0 0 0 c O o 0 0 0 A e�oeaC4=i=W^ cc0viccCidccOcui o o d o o= v= 'n h C? 0 o n n of N a 'C % N M co en �--� %n N cn N N %0 N N N O N fn rN be imd O � •� � '� .� cy 0.a _ z" Q WW _o t m E 0 cn a 5 a_q A4 U C 2 '> D In A s0> wa:u 0 :,w0a.Ac�C3a E� z 0 -- -+ 0 b 0 b 6 A 0 O 0 O 6 O 0 0 0 0 0 0 0 0 0 0 0 LINDSTROM CLEANING & CONSTRUCTION, INC. Always Ready ana waiver or 90621 Tenth Avenue North • Plymouth, MN 55441 Phone. (763) 544-8761 • Fax: (763) 544-B766 wwwfirerepokeorn Minnmola Uniform CONDITIONAL RECE PT AND WAIVER OF MECHANIC'S LIEN RIGHTS Date: _ p, . The undersigned hereby acknowledges receipt of the sum of $ CHECK ONLY ONE I. ❑ as partial payment for labor; skill and material furnished* *Conditional upon funds clearing the bank. 2. ❑ as payment for all labor, shill and materials furnished or to be furnished (except the sum of retainage or holdback)* *Conditional upon funds clearing the bank. 3. gas full and final payment for all labor, skill and material furnished or to be furnished* *Conditional upon funds clearing the bank_ to the following described real property: (legal description, street address or project name) G-7c6ewN:�op_ .Vyol X y on �4 14ope J �� SsyAF and for.value received hereby waives all rights acquired by the undersigned to file or record mechanic's lien against said deal, property for labor, skill or material furnished to said real property (only for the amount paid if Box 1 :is checked, and except for retainage shown if Box 2 is checked): The undersigned affirms that all material furnished by the undersigned •has been paid for, and all•.subcontractors employed by the undersigned have been paid in full, EXCEPT: NOTE: If this instrument is executed by a Corporation, it must be signed by an officer, and if executed by a partnership, it must be signed by a partner.. 1011 Tree: )-none (oixqa-n/oi • roxto/ /) W4-ZZZ0 OADOR MR AUG o a MINNESOTA• REVENUE Withholding affidavit for Contractors IC134 This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions m can make final payment to contractors. For more detailed information, see the instructions on the back of this form. Please type or print clearly. This tvdi be your mailing label for returning the completed form fpr, nacos — - – — ' �^ — _ — — — — —1 ` Daytime phone kiinnesota to ® number l Lindstrom Cleaning & Construction, Inc. I (763)544-8761 - 9130718 - f Total contract amount Month/year work be&n - E 9621 Tenth Avenue North $90,695.00 412012 i Cia State ZIP wde f AmountsO due tdoruh/yearraik ended Plymouth MN 55441 —--------------------� $ 4,534.75 712012 Pmjert number 20115 pl*ct iocawn City of New Hope Public Works Project mner Address City a[aa urwuc City of New Hope ... 6WO intemadonal Parf::vey - *:e:1 Hope IVIN old you have employees calk on dit project? ® Yes ❑ No. K no, who did 1hawork7 Check the boar that describes your inwohement in the project and fill l in aff information nequesfaed. ❑ Sole cotttraetor ❑ Subcontractor Name of corramwwho hfred you CL _ ® Prime contractorAf you subcontracted out arty work on this project, all of your subcontractors must file their own =34 affida- vits 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 subcontrador`s certified IC134. If you need more space. attach a separate w: u, sheet owner/offim susirms name Address �o CW Keith $ Sons 2105 Wabash Ave Saint Paul MN Chris Keith 0 Klamm Mechanical 12409 County Rd 11 Bumsville MN . Schneider Cti 1112 West 7th St Saint Patel MN South Side ©ecbic 9201 P Bloomington Fwy Suite X Bloom Timberland Builders, Inc 17641 Cascade Drive Eden Prairie MIN Kevin Brandenburg l declare that aff frdbrmatbr; l hate Ltled In on this fort is bue and compk de to the best of my knowledge and belief t aLdwdze the DeMrtmenr ofRevenue to discnose pertinent iflfOrrnatipn rPJatirrg to this pwject. tndudingsendngegpies afthis farm, to the prime ewbacbrMl am a subotxNra". and m anysubcon- x tractors if t am a prone cantractar, and to the contracthig agency. :. Title . t�tttractar 5 stgF+etlrre Controller X7/12 Mail to: Minnesota Revenue, Mail Station 661.0, SL Paul. MN 55146.6610 Phone: 651-282-9999 or 1-800-657-3594 (TTY: Call 711 for Minnesota Relay).. Certificate of Compliance Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has ful- filled all the requirements of Minnesota Statutes 290.92 and 2700.66 oortoerhing the withholding of Minnesota income tail from wage id to mp relating to co /sfices with estate of Minnesota and/or its subdiAsions. Dam .- fit:!_ t PMWUt RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is imparmut that the following directions be closely followed as otherwise this rempt will not be accepted. L - This is a legal instrument and must be m=ated accordingly by Officers of corporations and by pattneas or co-paTftM$laips. 2. It is important that all -the blanks be cornpleW and that the amount paid be shown. 3. If pa is not tau to date, so state. Show unpaid balance, and strike out last two lines: 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating, and plastering material, eta 5. This document will be null and void if erasures or alterations are made. Dated: June 12: 2012 The undersigned hereby a&wwledges receipt of the sum of S !J17.00 from. Liadstrom CHECK ONLY ONE 1) -partial payment for labor, skill and material furnished. 2). payment for all labor, skill and material fixrnished or to be furnished (except the sum of $ (retainage or holdback) 3) - x full and final paymerit for all labor, skill and material furnished or to be furnished to the following described red property: (legal description, street addiiess or project name) New Hope Uti ty — 550o Inetftwy New Hope, MN And for value received hereby waives all rights acquired by the undersigned to file. or record mechanic's liens against said real property for labor; ski.ft or material famished to ,said real property(oaly for the amount paid if Bax 1is chocked;and except for:retsinago shown -if Box 2 is checked.) The undersigned ams that'all'material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned. have been paid is full. cwxeifh &.sons, Inc. 2105 Wabash A 9t Paul, .14 By: SCh nsWhff KeW Pmideyt. CWKeith & Sores RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS Final N.B.. It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1: This is a LEGAL INSTRUMENT and must be ex=Aed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. . 3. If payment is not in frill to date, so stale. SHOW UNPAID BALANCE, and strike out last three lines. 4. A receipt similar o this or legal waiver of lien rights will be required. for all plumbing, heating and plastering material, eta 5. NO ERASURES OR ALTERATIONS MUST BE MADE. Date: Antust 23, 201.2 The undersigned acknowledges having received payment of : Sween Thousand Wine HundredFiftDollars and 041144 Dollars, S 16,950.04 from: Lindstrom Cleaning & Contraeting In full payment of all Labor and- Material by the undersigned delivered or furnished to (or performed at) New Hope Public Worlm Building 5504 Inteamtional Parkway New Hope, MN and for value received hereby' waives . all rights which may have been acquired by the iwdersigned to file mechanics' liens against said premises for labor, skill or material famished to said premises prior to the date . hereof ay: am Title maram Mechanical Contractors, Inc. 12409 County Road #11 Burnsville, MN 55337 LIEN WAIVER AND RELEASE (MiNNE$OTA) The mWersigned admawiedgesreceipt of full andfirml payment from UNDSTROM CLEAMNG & CONSTRUCTION INC in the sof FIVE THO11SAbb TWO HUNDRED FORTY FIVE AND; OOMDO Dolkm ($"5,245.00) in Paymera ent for ad materiels and labor furnished to City of Nely Hope Public Waft, 5M 1nfamational Parkway: New.Hope UN mW for vaitre received, hen ft w gives any V to wtich may have been aoquired'by the undersigned to 1tie mechanids.Aens against said premises for labor, skis. or materials fitmistted b said pmmmm. Thleselease Covers eA materia<aandleborfumidmi,brto be fumtehed, for,ler6 . The perish signing -Wm dries hereby certify that IED Is fully.auNttorized and a npmft-ed to MOCI J9 This lhWuff etot'andtd bind the undeneigned corporation theft. and does ire fed so-eieec t to this.instrerrretet. 5dvteider Company. Int. .1112 West 7h' Street St: Pau! MN 55102 Prm Wm t. Sig �Oldchm�dldlw.. ..�_ We Date on AVM 23.2092 Pabidc O. Screrek%r, Pmeldm of Sdv*V@kcm*mT km. dW pe soady sppeerbe lb - m mei.ad edmOweedpes Oud be k empowered to exeaita Oft docmant Mrd.dm so enxmm M dmimij subscribed and sviom before WOO. Gra80rfr M: Naiary Pidrlic VYssEitng4on CO" MN w Cortrslubn expires 1416015 6RRCDRY M. HOLLER Notary Publit State of Minnesota MY Cgmmisston Expires Janupry 31, 2014 SOUTH SIDE ELECTRIC, INC. 9201 East Bloomington FWY Suite X Bloomingtoh, MN 5542D Ph (952) SWMW FAX (952) 888-1415 RECEIPT AND WAIVER OF MECHANIC'S LIEN .RIGHTS Dated: August 23, 2012 The undersigned hereby acknowledges receipt of the sum of S306.60. CHECK ONLY ONE 1) ❑ as partial payment far labor, skill and material furnished 2) ❑ as payment for all ,labor, skill and material furnished or to be furnished (except the sum Of 3 � retainage or holdback)-. 3) Xn as full and final payment for all labor, skill and material furnished or to be furnished to the following described real property: (legal description, street address or project name) DENNIS WARNER 5500 INTERNATIONAL PKWY NEW ROPE, MN . . and for value received hereby waives all rights acquired. by the undersigned to file or record mechanic's liens against said real property for labor, skill or material famished to said real property (only for the amount paid if Box 1 is checked, and except for retainage shown if Box 2 is checked). The undersigned affirms that all material fumished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full, EXCEPT. NOTE: If this instrument is executed by a corporation, it must be signed by an officer, and If executed .by a partnership, it must be signed by a partner. V O�YMM IIf. Member FROM : Timberland Ru iders PHONE N0. : 952+937+5390 Aug. 24 2012 07.41AM P2 Lien.'"myer Customer Name; � Customer Address: Customer CitylStateWp;_.. Customer Picone Number: ax; Job Locati" Type of Worts_ Aimi Coatiactor/SubcontractodMaterialmar�: _Q, - — ContraetorlSubeon tracwD Material JA F Description of work coMpieted to slats; Total par W is received to date and/or paiymcut received on this date: Tlue con[ractordsuboontractor signing below adnowledges receipt ofall payments stated above. These payments are in compliance with the written contact between the parties above- ne conu ctor/subs antrlctor signing below hereby states payment'for all work done to *is date has been paid in full. The conftcWrI;sLA>conU=odmatcdalman signing below releases and relinquishes any . and al] tights avai-lable to place a mechmric or materialman lien against the subject property for the above described work- All parties ag= that all work po formed to data have been paid for in full and in compliance with their written contract_ Tbc undersigned cont<actodsuboonb=tor relax s'the .general coawicrR;nstorner from any liability far non-payment ofal or services extended dcough this date.. The undersigned ccxttractorlsttbao tt t r ha.1 read thisikgte'ctuent and undeiistauds the Jul. 31. 2012 9:52AM MINN-fiSOTA-R NUE No. 4039_ If Your Cy traotar Affidavit request is Aper md. A copy of this page, MUS+r be provided to the contactor Or goveMment.a9Cney that hired you. Submit d DaW and Tie: 317uI-2012 10:01:01 AM ConfirmationNnmbea: 1-47SA9&112 Name: KLA"WICHAMCALCONTRACT'ORS INC ID: 5323553 Aff avit Number: i2MM4464 Project Owner: CITY OF NEW HOPE Project.Number: 12-5192 project:Be& Dane: 2/1212032 Project End Date: 7131/2012 Project Location: 5500 MERNAnONAL PARKWAY NEW HOPIS MN Projeet Amomt: $16,950.00 Subcontract=: No Subeontradors You ,R, copies of your utnmctim by going to your Reqs tabyour Home gage. For a papercoPY of this con oration, click on. the "Prig FdmKUy View" button. - - Please this for your records using the print or save fimdionalitp built into your browser- hit rowser_. hitp3:11www.mndor state mn.usffpfrctrieve?type PnotFnend ey1-174391.1936&key2= 8.1. 7/31/2012 S(igIDSAii2 I iCLA9�J #3319 '2.002 /002 08/06/2012 15-52 6512272397, Pr,GE 82/94 ..... ...r+ i ++" a+. i f / VJJY•far r aaaf - L1iYST% SAPS 2QJ2 5"�R MR AUG U 9 2012 MINNESOTA- REVENUE IC134 Withhold -Ing Affidavit for Contractors This affidavk mus. be approved by the Minnesota Department of Revenue before the state of Minnesum or a ny of Its subdivisions ban make final payment to contractors: _ phase Vx of ot4,t cloarry_ iPft WE be yew maing label for the coed fWa- t �phone i�r Uz ID fumtw Schneider• Cofppany Inc C�J(—�.?i'��Z `%y ($4Pf�05 q ii 1:612 gest 7th Street irNsrca�xwlanmw:t "101�K'°4"�°" 'St. Paul HN 55102-3914 I Affand t>in do N +on Sam . Pfajettrwmbar- �eadac. rZen j��Jwjwf� s E olQyovt�earmreye+rattEcnntRs9prQiettll9ssGlao nra.at�o�p7AerorkY `� Cheer ft box that descta)es)w rbxofMf:merrr In the prix and #lfi iq aO iviomarlon m4uest*d � sore 000tra6tOr _ . xa�+e o[eagteaecar r yw ©' pdme QW --Ir ypU subcorKra=d ota any work on this pt*eu, all of your subcortractors roust Ale thelr own mul afliduft and have thorn txrbfed by the DevajUme ►t of Revanut before -you con !dc your dfid& tt. For each subcontractor you tom, fill in the Ir►formatim below and entad a copy of each subpontraM4t certified =34. If yap need mage space, arach a separate sheet WPM= tome Ames: l deems tWtO itrfermartw f nava flied h eon Oftib enue m mSeRaca yenasenr i u4nrtad� n to M any !g draenrslel;oint re and to - Crnfi Or'i- di C. dm toast Qrnwbww8ft and Lead.lawmAmme Duerr wCarP.ew k9 CRAW efdrit loo,+. OD am ovrme oonrratwx re+a a z1L wis , 060 6 - 31--?-ai.2-- MOR W. Mina Revenue Mail Station 8610 St Paul, MN 559.4"MO . Certl&s of compEiatiis_`-�- Dodd -on seeords'of the h4;gnesota i),wRment aF Ret++enu; I emtily alit the cwnh2~ who has signed ttds cerefl[c de tress fulfrned an vm requirem= of Minnesota Statutes 290.92 sed 2700.66 ooncenthig the w+thitofdIng of bfianasbta Kicoine ixvi from wages ii ' empl es r elAng to contract serVms wb+ th0 state of Mirfries= and/ar Its bi ons. Dept CA -� � 0 2 zap wockR*. MLim Mt+� aServioes i�gis:lCwww.�sia[c.�m.us/tplese�rvias/ /�1 ' " w Ell" aon Yetwow1ractorAlftt raqm is Appmped. Amey of this pnAe MUST Ea pmvWod to Rye cOnhaaicrar porem=nt agency dM hWd Yom- Sutmiffed Date and Tome: 31-Jt&2012 1093.^43 AM GorsfimWtan f korber 1-146-69&144 Hades. SOUM SM MrCTRIC M Ip: 8497856 AJVWWlt NumMs: 612532424 Project owner. GiY OF NEW HDPE Project Humber 734®443 Project SUGFM Dubm 411V2012 Project rmd Day 4 M2 Project LoWOM 550 Y IA7fOwiL PKWY PralerinmoUnt 1930SM Submnbadom.' NO Subwnim ku You can aTWays weeMim of your h&s6egou bV going is Your Requeaes tabpow Home page. Fora pgwwpy of this confamation. dickan the "PdntarF'dsW%few' ba ftL 4 FRAM : Timberland Builders PF04E NCL 962+937+5330 Aug., 04 2012 10: 54AM P2 rage iui i Your Contractor Affidavit request is Approved. A copy of this page MUST be provided to the contractor or a4VP.Cxlt agency that hired you - Submitted Date and Time: 4-A.ug-2012 11:19.47 AM Gbnfimisdon Numb: 0-589-329-920 Name: TIMBERLAND BUILDERS INC ID: 3644249 AfWavit Number: 1496458704 Project Owner. CITY OF NEW HOPE, MN Pmject Nmnb=: 9016 Project Begin Date: 6/12/2012 Pxgcct End Date: 6/20/2012 Project Location: CITY. OF NEW HOPE, PUBLIC WORKS BUMDING ProjectAmowxt: $83259.03 Subcontracctws: No Subcontractors You can always see copies of your twwac&= by going to yot Er Requests tabyont Home page: For a,paper copy of this confirmation, click an "Prhaftr Friendly mew" button Please for your records using the print or save iunct7imWity built i= your browser. hnlwjAv w.nmdor.Mftjun,u&Wretrieve?type�Pri aTr icnd&l�uy1=1107952128&&-ey2 1462750855 8/4/2012 DATE: I/- /C -_I a - NAME: 1598 RECEIPT REMARK: SUB SUB FUND I OBJECT OBJECT DESCRIPTION TYPE LEDGER AMOUNT 9001 2383 SURCHARGE 9001 4125 SOLICITOR REGISTRATION 9001 4155 LIQUOR LICENSE/BACKGROUND 9001 4318 ELECTRICAL PERMIT 9001 4510 ADMIN. CITATION 9001 4531 RENTAL REGISTRATIONS - CASH 9001 4531 RENTAL REGISTRATIONS - CHECK 9001 4531 RENTAL REGISTRATIONS - CHARGE 9001 4645 ANIMAL CONTROL - IMPOUND 9001 4645 ANIMAL CONTROL - BOARDING taxable 9001 4700 CITY MAPS taxable 9001 4710 PHOTOCOPIES taxable 9001 4716 ANIMAL LICENSE - CASH 9001 4716 ANIMAL LICENSE - CHECK 9001 4716 ANIMAL LICENSE - CHARGE 9001 5490 NOTARY 9503 2460 ESCROW 15 U . L* m do G Y, 98 9001 2381 SALES TAX Oft) 2-. TOTAL PAID BY: ❑CASH CACHECK ❑CREDIT CARD ❑WIRE 5 i 11CMC000001130 INSURED NAME: NEW HOPE CITY OF CLAIM #: PCO011461 � Lg"UE OF MINNESOTA CITfES INSURANCE TRUST 0002005781 CHECK DATE: 11/0212012 PAYMENT: Prq*dy Casualty Fund Claim Account �I.N! EAGUC of 222 South Ninth Street, Suite 1300 1E PTA 1airmapolis, MN 55402 i � " pA'Y Two Ua¢sand Sixty -Four pullers and Vinery-Eigkit Cents ul TO THE NEW HOPE CITY OF W ORDER OF Mail TO; NEW HOPE CITY OF I I ATTN CITY CLERK 4401 XYLON AVENUE NORTH NEW HOPE MN 9 ! ! f4 .1� 55428-4843 U3 Bank East Grand Forks, MN 11CMC000001130 PCO011461 110000 200 5 78 LIP 1:0.9 L0000 2 21: 160 2 34 548 3 5411' LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 1 POLICY # 11CMC000001130 INSURED NAME: NEW HOPE CITY OF CLAIM #: PCO011461 CLAIMANT NAME: NEW HOPE CITY OF CHECK #: 0002005781 CHECK DATE: 11/0212012 PAYMENT: ************2,064.98 LOSS DATE: 12/16/2011 LOSS PAYEE: NEW }TOPE CITY OF DESCRIPTION: SUPPLEMENTAL PAYMENT FOR WATER DAMAGE TO BUILDING o�- 1 0002005781 3588953 17-2 /910 11/0212012 AMOUNT ************2,064.98 VOID AFTER 90 DAYS 0002005781 wrusL