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HomeMy WebLinkAboutC06-050 AGREEMENT ~l, THIS AGREEMENT is dated as of the day in the year %005;- by and between Board of County Commissioners Eagle County, Colorado (hereinafter called OWNER) And Newstrom-Davis Construction Company 511 Orchard Street Golden, CO 80401 (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows: Freedom Park Restroom Facility ARTICLE 2 - ENGINEER The Eagle County Facilities Engineer (an employee of Eagle County), who is hereinafter called ENGINEER, and will assume all duties and responsibilities, and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the work in accordance with the Contract Documents. AR TrCLE 3 - CONTRACT TIME 3.1 The work will be substantially completed on or before March 21, 2006, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions on or before April 3, 2006. 3,2 LIQUIDATED DAMAGES: OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not substantially complete within the time specified in paragraph 3.1 above, plus any Newstrom-Davis Agreement Page 1 extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense, and difficulties involved in proving a legal or arbitration proceeding the actual loss suffered by OWNER if the work is not substantially complete on time. Accordingly, instead of requiring such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One Hundred Fifty dollars ($150.00) for each day that expires after the time specified in paragraph 3.1 for substantial completion until the work is substantially complete. ARTICLE 4 - CONTRACT PRICE 4.1 The funds appropriated for this project are equal to or in excess of the contract amount. OWNER shall pay CONTRACTOR for the Scope of Work, including the CONTRACTOR's fee, in accordance with the Contract Documents in current funds in an amount not to exceed: Total: $279,000.00 ARTICLE 5 - PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 PROGRESS PAYMENTS: OWNER shall make monthly progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payments as recommended by ENGINEER, as provided below. All progress payments will be on the basis of the progress of the work measured by the schedule of values provided for in paragraph 14,1 of the General Conditions. 5.1.1 Prior to Substantial Completion, progress payments will be in an amount equal to: 90% of the work completed until fifty percent (50%) of the work is performed, after which no additional retainage shall be withheld, and 90% of materials and equipment not incorporated in the work but ddivt~red and suitably stored, less in each case the aggregate of payments previously made, 5.12 Upon Substantial Completion, shaH pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine in accordance with paragraph 14.7 of the General Conditions. Newstrom-Davis Agreement Page 2 5.2 FINAL PAYMENT: Upon final completion and acceptance in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. The final payment shall not be made until after final settlement of this contract has been duly advertised at least ten days prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle County, and the Board of County Commissioners has held a public hearing, thereupon and complied with the Revised Statutes 1973, Section 38-26-107 as amended. Final payment shall be made in accordance with the requirements of aforesaid statute. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, work, locality, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress, or performance of the work which were relied upon by ENGINEER in the preparation of the Drawings and Specifications, and which have been identified in the Supplementary Conditions. 6.3 CONTRACTOR has made, or caused to be made, examinations, investigations, and tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as he deems necessary for the performance of the work at the Contract Price, within the Contract Time, and in accordance with other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports, or similar data are, or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable La CONTRA,CTOR. Newstrom-Davis Agreement Page 3 ARTICLE 7 - CONTRACT DOCUMENTS The contract Documents which comprise the entire Agreement, made a part hereof, and consist of the following: 7.1 This Agreement (Pages 1 to 5, inclusive). 7.2 Invitation to Bid consisting of 1 page. 7.3 Instructions to Bidders (Pages 1 to 6, inclusive). 7.4 Performance and other Bonds, identified as exhibits _, and consisting of _ pages. 7.5 Notice of A ward, Notice to Proceed. 7.6 General Conditions (Pages 1 to 36, inclusive). 7.7 Specifications bearing the title Freedom Park/Berry Creek Restroom Facility dated 11/1/05 (30 pages). 7.8 Drawings, consisting of 14 sheets (1, 8 ~ x 11 sheet). 7.9 Any modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended, or repealed by a Modification (as defined in Section 1 of the General Conditions). ARTICLE 8 - MISCELLANEOUS 8.1 The terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under, or interests in the Contract Documents will be binding on another party hereto without th.e written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically to the ..;outrar} III written consent to an assigmnent, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. Newstrom-Davis Agreement Page 4 8.3 O\VNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8,4 ATTORNEY'S FEES: In the event oflitigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. 8.5 APPLICABLE LAW: This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under, or in connection with this Agreement shall be exclusive in Eagle County, Colorado. IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR, or by ENGINEER on their behalf. This Agreement will be effective on II~ f ) , Wttt ::;)OD U? I / OWNER: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY ATTEST: ~ Clerk to the Boa d of County Commissioners NEWSTROM-DA VIS CONSTRUCTION COMPANY Newstrom-Davis Agreement Page 5 Slf A TE OF COLORADO ) ) County of ) by The f~egoing was aCknOWled~ed before me this 'J...Il day 0: :)':W:\AN'::I " 200Y {, \<-.0 c\ ,,\ (\V~ as ~6 of n. ~~0 ~ ~HY\ ~ fu v ,-5 . WITNESS my hand and officM~5al. . . Exp omll1lsSJon ires 8/1712008 My commission expires O:\Capital Projects (CPROJECT)\Berry Creek\Restrooms\Bid Documents\Newstrom-DavisAgreement.DOC Newstrom-Davis Agreement Page 6 EAGLE COUNTY INVITATION TO BID Freedom Park Restroom Facility Eagle County will receive sealed bids for a 670 square foot men's and women's restroom facility with cupola. This facility will be located at the Freedom Park Playground in Edwards. Bids will be accepted until November 30, 2005 at 2pm in the office of the Eagle County Facilities Management Department, 590 Broadway, Eagle, Colorado 81631, at which time bids will be opened and read aloud. There will be a pre-bid meeting on November 17,2005 at lOam in the Eagle County Facilities Management Building followed by a site visit. Bidding documents may be obtained at the Eagle County Facilities Management Department, 970-328-8880. ~ 'W':~~g1eC(}lJntLJ!S " ~ o.'-"! INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS 1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions have the meanings assigned to them in the General Conditions. The term "Successful Bidder" means the lowest, qualified, responsible bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation may be obtained from Engineer. 2.2 Complete sets of the Bidding Documents shall be used in preparing bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining bids on the work, and do not confer a license or grant for any other use. 3. QUALIFICA nONS OF BIDDERS 3.1 To demonstrate qualifications to perform the work, each bidder must be prepared to submit, within five (5) days of Owner's request, written evidence, such as financial data, previous experience, and evidence of authority to conduct business in the jurisdiction where the project is located. Each bid must contain evidence of the bidder's qualification to do business in the state where the project is located, or covenant to obtain such qualification prior to award of the contract. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 Before submitting a bid, each bidder must (a) examine the Contract Documents thoroughly; (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress, or performance of the work; (c) familiarize himself with federal, state, and local laws, ordinances, rules, and regulations that may in any manner affect cost, pmgress, or performance of the work; and (d) study and carefully conclate Bidder's observations with the Contract Documents. 4.2 Before submitting his bid, each bidder will, at his own expense, make such investigations and tests as the bidder may deem q~cessary to determine hi~ bid for perfo11llance of the Instructions to Bidders Page 1 work in accordance with the time, price, and other terms and conditions of the Contract Documents. 4.3 On request, Owner will provide each bidder access to the site to conduct such investigations and tests as each bidder deems necessary for submission of his bid. 4.4 The lands upon which the work is to be performed, rights-of-way for access thereto, and other lands designated for use by Contractor in performing the work are identified in the Supplementary Conditions, General Requirements, or Drawings. 4.5 The submission of a bid will constitute an incontrovertible representation by the bidder that he has complied with every requirement of this Article 4, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. 5. INTERPRETATIONS 5.1 All questions about the meaning or intent of the Contract Documents shall be submitted to Engineer in writing. Replies will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than (10) days prior to the date for opening of bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6. BID SECURITY 6.1 Bid security shall be made payable to Owner in an amount of five percent (5%) 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 requirements of paragraph 5.1 of the General Conditions. 6.2 The bid security of the successful bidder will be retained until such bidder has executed the Agreement, and furnished the required contract security, whereupon it will be returned; if the successful bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen (15) days of the Notice of Award, Owner may annul the Notice of A ward and the bid security of the bidder will be forfeited. The bid security of any bidder whom Owner believes to have a reasonable chance of receiving the award may be ret"nned by Owner until the thirty-first (31 5t) day after the bid opening. Bid security of other bidders will be returned within seven (7) days of the bid opening. 7, CONTRACT TIME 7.1 The date by which the work is to be completed (the Contract Time) is set forth in the bid form and will be included in the Agreement. Instructions to Bidders Page 2 8. LIQUIDA TED DAMAGES 8.1 Provisions for liquidated damages, if any, are set forth in the Agreement. 9. SUBSTITUTE MATERIAL AND EQUIPMENT 9.1 The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings, or specified in the Specifications, that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement. " The procedure for submittal of any such application by Contractor and consideration by Engineer is set forth in paragraphs 6.7, 6.7.1, and 6.7.2 of the General Conditions which may be supplemented in the General Requirements. 10. SUBCONTRACTORS, ETC. 10.1 If the Supplementary Conditions require the identity of certain subcontractors and other persons and organizations to be submitted to Owner in advance of the Notice of A ward, the apparent successful bidder, and any other bidder so requested, will, within seven (7) days after the day of the bid opening, submit to Owner a list of all subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the work as to which such identification is so required. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such subcontractor, person, and organization if requested by Owner. If Owner, after due investigation, has reasonable objection to any proposed subcontractor, other person, or organization, Owner may, before giving the Notice of A ward, request the apparent successful bidder to submit an acceptable substitute without an increase in bid price. If the apparent successful bidder declines to make any such substitution, the contract shall not be awarded to such bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his bid security. Any subcontractor, other person, or organizatIOn so listed, and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of A ward, will be deemed acceptable to Owner and Engineer. 10.2 In contracts where the contract price is on the basis of Cost of the Work Plus a Fee, the apparent successful bidder, prior to the Notice of A ward, shall identifY in \\Titing to Owner those portions of the work that such bidder proposes to subcontract and, after the Instructions to Bidders Page 3 Notice of A ward, may only subcontract other portions of the work with Owner's written consent. 10.3 No contractor shall be required to employ any subcontractor, other person, or organization against whom he has reasonable objection. 11. BID FORM 11.1 The Bid Form is attached hereto; additional copies may be obtained from the Engineer. 11.2 Bid Forms must be completed in ink or by typewriter. 11.3 Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate otIicer accompanied by evidence of authority to sign), and the corporate seal must be affixed and attested by the secretary, or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 11.4 Bids by partnerships must be executed in the partnership name, and signed by a partner whose title must appear under the signature, and the official address of the partnership must be shown below the signature. 11.5 All names must be typed or printed below the signature. 11.6 The bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form). 11.7 The address to which communications regarding the bid are to be directed must be shown. 12. SUBMISSION OF BIDS 12. Bids shall be submitted at the time and place indicated in the Invitation to Bid, and shall be included in an opaque, sealed envelope, marked with the project title, and name and address of the bidder, and accompanied by the bid security and other required documents. If the bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof. 13, MODIFICA nON AND WITHDRAWAL OF BIDS 13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a bid must be executed), and delivered to the place where bids are to be submitted, at any time prior to the opening of bids. Instructions to Bidders Page 4 13.2 If, within twenty-four (24) hours after bids are opened, any bidder files a duly signed. written notice with Owner, and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of his bid, that bidder may withdraw his bid, and the bid security will be returned. Thereafter, that bidder will be disqualified from further bidding on the work. 14. OPENING OF BIDS 14.1 When bids are opened publicly, they will be read aloud, and an abstract of the amounts of the base bids and major alternates (if any) will be made available after the opening of bids. 15. BIDS TO REMAIN OPEN 15.1 All bids shall remain open for thirty (30) days after the day of the bid opening, but Owner may, in his sole discretion, release any bid and return the bid security prior to that date. 16. AWARD OF CONTRACT 16.1 Owner reserves the right to reject any and all bids, to waive any and all informalities, and to negotiate contract terms with the successful bidder, and the right to disregard all nonconforming, non-responsive, or conditional bids. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures, and the correct sum thereof, will be resolved in favor of the correct sum. 16.2 In evaluating bids, Owner shall consider the qualifications of the bidders, whether or not the bids comply with the prescribed requirements, and alternates and unit prices if requested in the bid forms. It is the Owner's intent to accept alternates (if any are accepted) in the order in which they are listed in the bid form, but Owner may accept them in any order or combination. 16.3 Owner may consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the work as to which the identity of sdbcontractors and other persons or organizations must be submitted as provided in the Supplementary Conditions, Operating costs. maintenance considerations, performance data, and quantities of materials and equipment may also be considered by Owner. 16.4 Owner may conduct such investigations as he deems necessary to assist in the evaluation of any bid, and to establish the responsibility, qualifications, and financial ability of the bidders, proposed subcontractors, and other persons and organizations to do the work in Instructions to Bidders Page 5 accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 16.5 Owner reserves the right to reject the bid of any bidder who does not pass any such evaluation to Owner's satisfaction 16.6 If the contract is to be awarded, it will be awarded to the lowest bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the project. 16.7 When a construction contract for a public project is to be awarded to a bidder, a Colorado resident bidder shall be allowed a preference against a nonresident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident, unless this requirement is inconsistent with requirements of federal law or may cause the denial of federal moneys. See S8-19-1O 1, 102, CRS, for the complete provisions regarding this preference. 17. PERFORMANCE AND OTHER BONDS 17.1 Article 5 of the General Conditions sets forth Owner's requirements as to performance and other bonds. When the successful bidder delivers the executed Agreement to Owner, it shall be accompanied by the required contract security. 18. SIGNING OF AGREEMENT 18.1 When Owner gives a Notice of Award to the successful bidder, it will be accompanied by at least four (4) unsigned counterparts of the Agreement and all other contract documents. Within fifteen (15) days thereafter, Contractor shall sign and deliver at least four (4) counterparts of the Agreement to Owner with all contract documents attached. Within ten (10) days thereafter, Owner will deliver a fully signed counterpart to Contractor. Instructions to Bidders Page 6 THE Ai\1'cRICAN INSTITUTE OF ARLHITECTS Bond No, 200503-156 AlA Document A312 Payment Bond Any singular reference to Contractor, Surety, O\'\!ner or other party shall be considered plural where applicable, CONTRACTOR (Name and Address): SURHY (Name and Principal Place of Business): Newstrom-Davis Construction ABBA Bonding 511 Orchard 1334 Ridgewood Dr. Golden, CO 80401 lillian, AL 36549 (303)216-2610 Fax: (303)216-2711 (251 )962-2858 Fax:(251 )962-2899 OWNER (Name and Addressl: abbabonding.com Eagle County Board of Commissioners P.O. Box 850 Eagle, CO 81631 CONSTRUCTION CONTRACT Oate: January 11, 2006 Amount: $279,000.00 Description (Name and Location): Freedom Park Restroom Facility BOND Date (Not earlier than Construction Contract Date): January 11, 2006 Amount: $279,000.00 Modifications to this Bond: DC None i j See Page 6 CONTRACTOR AS PRINCIPAL ~1 SURETY Company: Ne.,u -Davis Construct~7rateyal) Company: ABBA Bonding ( , rporafe Seal) /",/ // ;Nl~ /" "/ '7: ~; Signature: itJe: Rodney Polland Name and Titlc: Morris Sears President Atto~~~, (Any additional signatures appcar on page 6) mpflt ~ 'nijing.com .~ .C " ~ -V' <" (FOR INFORMATION ONL Y-Namc/ Address and Telephone) SEAL ~ AGENT or BROKER: OWNI::WS REPRF~TATIVE (Architect, gineer or other party]: ~ 2uO_~ - · A. t, ..J. ./'t'~, ,~ ' "9" AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BO:-iD . DECEMBER 1964 EO, . AlA 'R' THE AMERICAN INSlnun OF ARCHITECTS, 1735 N[W YORK AVE., N.W, WASHINGTON, O,c, 20006 A312-1984 4 THIRD PRINTlNC . MARCH 1987 1 The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense take the following actions: materials and equipment furnished for use in the pertor- 6.1 Send an answer to the Claimant, with a copy to mance of the Construction Contract, which is incorpo- rated herein by reference. the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis 2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed. null and void if the Contractor: 6.2 Payor arrange for payment of any undisputed 2,' Promptly makes payment, directly or indirectly, amounts. for all sums due Claimants, and 7 The Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond, and the amount of this Bond shall be Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under nished for use in the performance of the Construction the Construction Contract shall be used for the perfor- Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims, the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this liens or suits and tendered defense of such claims, Bond, they agree that all funds earned by the Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and 3 With respect to Claimants, this obligation shall be the Surety under this Bond, subject to the Owner's prior- null and void if the Contractor promptly makes pay- ity to use the funds for the completion of the work. ment, directly or indirectly, for all sums due. I) The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrclat- under this Bond until: cd to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any C1aim- 4.1 Claimants who are employed by or have a direct ant under this Bond, and shall have under this Bond no obli- I contract with the Contractor have given notice to the gations to make payments to, give notices on behalf of, or i I Surety (at the address described in Paragraph 12) and otherwise have obligations to Claimants under this Bond. sent a copy, or notice thereof, to the Owner, stating I that a claim is being made under this Bond and, with 10 The Surety hereby waives notice of any change, substantial accuracy, the amount of the claim. including changes of time, to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor: obligations ,1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent juris- I the Owner, within 90 days after having last diction in the location in which the work or part of the performed labor or last furnished materials or work is located or after the expiration of one year from the equipment included in the claim stating, with date (1) on whIch the Claimant gave the notice required by substantial accuracy, the amount of the claim Subparagraph 4.1 or Clause 4.23, or (2) on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate- materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con- whom the labor was done or performed; and struction Contract, whichever of (1) or (2) first occurs. If the .2 Have either received a rejection in whole or provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a in part from the Contractor, or not received defense in the jurisdiction of the suit shall be applicable. within 30 days of furnishing the above no- tice any communication from the Contractor 12 Notice to the Surety, the OWner or the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and shaH be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall days, have sent a written notice to the Surety be sufficient compliance as of the date received at the (at the address described in Paragraph 11) and address shown on the signature page. sent a copy, or notice thereof. to the Owner, I stating that a claim is being made under this 13 When this Bond has been furnished to comply with a Bond and enclosing a copy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor the construction was to be performed, any provision in this 5 If a notice required by Paragraph 4 is given by the Bond conflICting with said statutory or legal requirement shaH be deemed deleted herefrom and provisions con- Owner to the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement shall dent compliance. be deemed incorporated herein. The intent is that this AlA DOCUMENT A312. PERFORMANCE BO:-lD A~f) f>AYMrl-<T BOND. DECEMBER 1984 ED.. AlA'" TilE AMERICAN INSTITUn OF ARCHITECTS. 171S :-lEW YORK AV~., NW., WASHINGTON, D.c 20006 A312-1984 5 THIRD PRINTING. ,\.\ARCH 1')67 Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the 14 Upon request by any person or entity appearing to be a Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. to be made. 15 DEFINITIONS 15.2 Construction Contract: Thcagreement between the Owner and the Contractor identified on the sig- 15.1 Claimant: An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner, which has ment for use in the performance of the Contract. The neither been remedied nor waived, to pay the Con- intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to tion in the terms "labor, materials or equipment" that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil, gasoline, thereof, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: I I ! i (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) COl'o:TRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: ~~"""..- Signature:___~ Name and Title: Name and Title: Address: Address: AlA DOCUMENT A31Z . PERfORMANCE BONO AND PAYMENT BOND. DECEMBER 1964 ED. . AlA .g A312-1984 6 THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON, D.C. 20006 THIRD PRINTING · MARCH 1987 I THE AMLa,ICAN INSTITUTE OF ARl.HTECTS 'I Bond No. 200503-156 .,It\ -,; I" '. I '-. !!;:' .- ~~ AlA Documen/ A312 Performance Bond Any singular refcrcn((~ to Contractor, Surety, O"vner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Newstrom-Davis Construction ABBA Bonding 511 Orchard 1334 Ridgewood Dr. Golden, CO 80401 Lillian, AL 36549 (303)216-2610 Fax: (303)216-2711 (251 )962-2858 Fax: (251 )962-2899 OWNER (Name and Address): abbabonding.com Eagle County Board of Commissioners P.O. Box 850 Eagle, CO 81631 CONSTRUCTION CONTRACT Date: January 11, 2006 Amount: $279,000.00 Description (Name and Location); Freedom Park Restroom Facility BOND Date (Not earlier than Construction Contract Date): January 11, 2006 Amount: $279,000.00 Modifications to th is Bond; IXi None U See Page 3 CONTRACTOR AS PRINCIPAL SURETY company..~~;~. con.t~~~:r~ Company: ABBA Bonding (Corporate Seal) ~' ..7.,/ M~~ 5ignatu~'::=7/j:;'''#.fO/~ Signature: ... Name an ' Ie: Rodne Polland Name and Title: Morris Sears President A~tM-f:fl9t,. (Any additIOnal signatures appear on page 3) mo . ~i4f,,~.com q;~ . t", ~I ~ ~l (FO/( INfORMAlfON ONLY-Name, Address and Telephone) SEAl. 'Y AGENT or BROKER: OWNER'S RrrRFS~TATIVE (Architect, I:iineer or othN party). ~ 2 OO~. ' A, t. "'" J'V"'"A'\1r\. AlA DOCUMENT AJ12 . PfRfORI."lA:--.CE BOND 1\\1D PAYME\il 1l01\D. Uf:Cl.'V1BERI%4 ED. . ALA .R TilE AM[RIC;\~ INSTITL:TE Of ARCHITECTS, 1735 NEW YORK AVE, NW. WASHINCTO\1. n.t. 2000/> A312-1984 1 IHJlm PRI'JTING. MARCH 19117 1 The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense take the following actions: materials and equipment furnished for use in the perfor- 6.1 Send an answer to the Claimant, with a copy to mance of the Construction Contract, which is incorpo- rated herein by reference. the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis 2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed. null and void if the Contractor: 6.2 Payor arrange for payment of any undisputed 2.1 Promptly makes payment, directly or indirectly, amounts. for all sums due Claimants, and 7 The Surety's total obligation shall not exceed the 2_2 Defends, indemnifies and holds harmless the amount of this Bond, and the amount of this Bond shall be Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under nished for use in the performance of the Construction the Construction Contract shall be used for the pcrfor- Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims, the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this Hens or suits and tendered defense of such claims, Bond, they agree that all funds earned by the Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and 3 With respect to Claimants, this obligation shall be the Surety under this Bond, subject to the Owner's prior- null and void if the Contractor promptly makes pay- ity to use the funds for the completion of the work. ment, directly or indirectly, for all sums due. l} The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat- under this Bond until: ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any C1aim- 4.1 Claimants who are employed by or have a direct ant under this Bond, and shall have under this Bond no obli- I contract with the Contractor have given notice to the gations to make payments to, give notices on behalf of, or I I Surety (at the address described in Paragraph 12) and otherwise have obligations to Claimants under this Bond. sent a copy, or notice thereof, to the Owner, stating I that a claim is being made under this Bond and, with 10 The Surety hereby waives notice of any change, substantial accuracy, the amount of the claim, including changes of time, to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor: obligations ,1 Have furnished written notice to the Con- n No suh or action shall be commenced by a Claimant tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent juris- the Owner, within 90 days after having last diction in the location in which the work or part of the performed labor or last furnished materials or work is located or after the expiration of one year from the equipment included in the claim stating, with date (1) on whIch the Claimant gave the notice required by substantial accuracy, the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate- materials Were furnished or supplied or for rials or equipment were furnished by anyone under the Con- whom the labor was done or performed; and struction Contract, whichever of (1) or (2) first occurs. If the .2 Have either received a rejection in whole or provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a in part from the Contractor, or not received defense in the jurisdiction of the suit shall be applicable. within 30 days of furnishing the above no- tice any communication from the Contractor 12 Notice to the Surety, the OWner or the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall days, have sent a written notice to the Surety be sufficient compliance as of the date received at the (at the address described in Paragraph 12) and address shown on the signature page. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this 13 When this Bond has been furnished to comply with a Bond and enclosing a copy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor the construction was to be performed. any provision in this If a notice required by Paragraph 4 is given by the Bond conflicting with said statutory or legal requirement 5 shall be deemed deleted herefrom and provisions con- Owner to the Contractor or to the Surety, that is sufti- forming to such statutory or other legal requirement shall cient compliance. be deemed incorporated herein. The intent is that this AlA DOCUMENT AJ12. PERFORMANCE BO~D ^~D PAYMrNT BOND. DECEMBER 1984 ED.. AlA'" TflE AMERICAN INSTllun Of ARCHITECTS, 1715 NEW YORK ^v~., NW.. WASHINGTON, D.C 20006 A312-1984 5 THIRD PRINTiNG. MARCH 1~67 Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the 14 Upon request by any person or entity appearing to be a Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials promptly turnish a copy of this Bond or shall permit a copy or equipment were furnished, to be made. 15.2 Construction Contract: Theagreement between 15 DEFINITIONS the Owner and the Contractor identified on the sig- 15.1 Claimant: An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip-- 15.3 Owner Default: Failure ofthe Owner, which has ment for use in the performance of the Contract, The neither been remedied nor waived, to pay the Con- intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to tion in the terms "Iabor, materials or equipment" that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil, gasoline, thereof. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: I I I (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) COl':TRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signatu re :___~___ Name and Title: Name and Title: Address: Address: AlA DOCUMENT .\312' PERFORMANCE BONO AND PAYMENT BOND. DECEMBER 1964 ED, . AlA ,g A312-1984 6 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 t GENERA" -l POWER OF ATTOl~_IEY SURETY ACKNOWLEDGMENT State of Alabama County of Baldwin On this 27th Dayof April 2004, before me personally came Morris C. Sears, Secretary for ABBB Bonding LLC, to me known, who, being by me duly sworn, did depose and say that he is the Attorney-In-Fact for ABBA Bonding LLC, the individual surety described in and which executed the within instruments, that he knows the company seal of said company, that the seal affixed to the within instrument such seal. And that he signed the said instnnnent and affixed the said seal as Attorney- In-Fact by authority of said individual surety company. fV7~-L~1 Morris Sears Attorney -In - Fact ABBA BONDING LLC. Notary Public In and for the county of Baldwin State of Alabama {' ~~~, SEAL ~ 2003 JUDYCOE MY COMMISSION EXPIRES 08-28-07 '-'-'-'.::>(O--:_:K-' FACILlTIIlES MANAGEMENT DE PARTMENT (970) 328-8880 FAX: (970) 328-8899 TDD (970) 328-8797 Email: fmeag1e@eagle-county.com www.eagle-county.com EAGLE COUNlY NOTICE OF AWARD December 8, 2005 Newstrom-Davis Construction Company 511 Orchard Street Golden, CO 80401 Re: Freedom Park Restroom Facility Please be notified that on December 20, 2005 the Eagle County Board of County Commissioners awarded the above referenced project to Newstrom-Davis Construction Company in the amount of $279,000.00. Enclosed please find four copies of the contract documents including the agreement. In accordance with Section 18 of the Instructions to Bidders, you are to execute all four copies of the Agreement, attach the Payment Bond, Performance Bond, and Proof of Insurance required by the documents, and return all four copies to Eagle County within fifteen (15) days. EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS - cc; Helen Migchelbrink, Interim Facilities Management Director Peter Fralick, Senior Facilities Engineer po, Box 850,590 Broadway, Eagle, Colorado 81631-0850 GENERAL CONDITIONS TABLE OF CONTENTS ARTICLE TITLE PAGE L DEFINITIONS.. .,..,.... ,.... ,..... .................. ..,...,.......,.....,. ""'" .............................. ....'....'.. ..... 1 2, PRELIMINARY MATTERS........... ....,........, "'"'''''' ....,................. ,....... ...... .............. ........ 3 3, CONTRACT DOCUMENTS ... ..........., ..... ......,..."..... ............ '............................, .............. 4 4. A V AILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS..,....,....,......,........,..........,.................,.............,................ ,.............. 5 5. BONDS AND INSURANCE............... ................., ............. .............. ....... ......... ......... ......... 6 6. CONTRACTOR'S RESPONSIBILITIES... ........ ..,...... ...... ........ ....... ..................... ............ 8 7, WORK BY OTHERS... ................. ...... ...... .......... "'"'' ........................ .......... ....... ............. IS 8, OWNER'S RESPONSIBILITIES.. .......... ......... .......... ....... .............. ....... ....,.. ..", ............. IS 9. ENGINEER'S STATUS DURING CONSTRUCTION ................................................... IS 10. CHANGES IN THE WORK... ......... .......... ..... ..... ........... ................. ................,...... .......... 17 II. CHANGE OF CONTRACT PRICE ................................................................................. 18 12. CHANGE OF CONTRACT TIME........ ............. ......... ........ ................ ............ ,........ .......,21 13. WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK.,. ,........,.........' ...... ........ ........,.. ...,. ........,. ,. .................".......... ....22 14. PAYMENTS TO CONTRACTOR AND COMPLETION ........................................'..... 24 15, SUSPENSION OF WORK AND TERMINATION ..................,...................................... 29 16. MISCELLANEOUS. .,. ,.,. ... ,.., ,. '. ,.,. ,. ,. ,. '. ,. ,.., "...,.. ,." ,. ,..".,...., '.... '. ..., .,. ....., ,. ,.... .....,.,.. ...,,30 INDEX ' ",." .', ..... .. ............... .,.................. <(>. . ,.... ~ ...." ~~.~... _.. ..;,....."... ..:t:. ,,"'. ..;,....... '.~"'._".'.'. ~'...... ~...~ ..~. ~.. ....... ...".. ~..,... ,,'.. ".'..... *'....,... ........ #.... ~'".... ~".'.. GENERAL CONDITIONS ABTICLE 1 - DEFINITIONS Wl1erever used in these general conditions or in the other Contract Documents, the following terms have th~ meanings indicated which are applicable to both the singular and plural thereof: ADDENDA: Written or graphic instruments issued prior to the opening of bids which clarify, correct, or change the bidding documents or the contract documents. AGREEMENT: The written agreement between OWNER and CONTRACTOR covering the work to be performed; other contract documents are attached to the agreement and made a part thereof as provided therein. APPLlCA nON FOR PAYMENT: The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payment, and which is to include such supporting documentation as is required by the contract documents. BID: The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the work to be performed. BONDS: Bid, performance, and payment bonds, and other instruments of security. CHANGE ORDER: A written order to CONTRACTOR signed by OWNER authorizing an addition, deletion, or revision in the work, or an adjustment in the contract price or the contract time issued after the effective date of the agreement. CONTRACT DOCUMENTS: Those documents set forth in Article 7 of the Agreement. CONTRACT PRICE: The monies payable by OWNER to CONTRACTOR under the contract documents as stated in the agreement. CONTRACT TIME: The number of days (computed as provided in paragraph 16.2), or the date stated in the agreement for the completion of the work. CONTRACTOR: The person, firm, or corporation with whom OWNER has entered into the agreement. DAY: A calendar day of twenty-four hours measured from midnight to the next midnight. DEFECTIVE: An adjective which, when modifying the word "work," refers to work that is ul1satisfa(c}tory, or not me>et or approval referred to in the contract documents, or has been damaged prior to ENGINEER'S recommendation of final payment or prior to the guarantee period under paragraph 13,12, DRAWINGS: The drawmgs which show the character and scope of the work to be performed, and which have been prepared or approved by ENGINEER, and are referred to in the contract documents, EFFECTIVE DATE OF THE AGREEMENT: The date indicated in the agreement on which it becomes effective, but, if no such date is indicated, it means the date on which the agreement is signed and delivered by the last of the two parties to sign and deliver. General Conditions Page 1 ENGINEER: The person, firm or corporation named as such in the Agreement. The Engineer may be a department employee of OWNER, but in such case shall exercise his duties in conformance with the standards applicable to independent professional engineers. FIELD ORDER: A written order issued by ENGINEER which orders minor changes in the work in accordance with paragraph 10,2, but which does not involve a change in the contract price or the contract time. MODIFICATION: (a) A written amendment of the contract documents signed by both parties, (b) a change order, or (c) a field order. A modification may only be issued after the effective date of the agreement. NOTICE OF AWARD: The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, O\VNER will sign and deliver the agreement. NOTICE TO PROCEED: A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the contract time will commence to run, and on which CONTRACTOR shall start to perform his obligation under the contract documents. OWNER: The public body or authority, corporation, association, partnership, or individual with whom CONTRACTOR has entered into the agreement, and for whom the work is to be provided. PROJECT: The total construction of which the work to be provided under the contract documents may be the whole or a part, as indicated elsewhere in the contract documents. RESIDENT PROJECT REPRESENTATIVE: The authorized representative of ENGINEER who is assigned to the site or any part thereof. SHOP DRAWINGS: All drawings, diagrams, illustrations, schedules, and other data which are specifically prepared by CONTRACTOR, a subcontractor, manufacturer, fabricator, supplier, or distributor to illustrate some portion of the work, and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams, and other information prepared by a manufacturer, fabricator, supplier, or distributor and submitted by CONTRACTOR to illustrate material or equipment for some portion of the work. SPECIFICATIONS: Those portions of the contract documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the work, and certain administrative details applicable thereto, SUBSTANTIAL COMPl..ETION: The work (or a has to the point where, in the opinion of ENGINEER as evidenced by his definitive certificate of substantial completion, it is sufficicmtly cornplete, in accordance with the contract documents, so that the work (or specified part) can be utilized for the purposes for which it was intended; or if there be no such ct:rtitlcate issued, when final payment IS due in accordance with paragraph 14,13. The terms "substantially complete" and substantially completed" as applied to any work refer to substantial completion thereof. WORK: The entire completed construction or the various separately identifiable parts thereof required to be furnished under the contract documents. Work is the result of performing services, General Conditions Page 2 furnishing and incorporating materials and equipment into all construction, all as required by the contract documents. ARTICLE 2 - PRELIMINARY MATTERS DELIVERY OF BONDS: 2.1 When CONTRACTOR delivers the executed agreements to OWNER, CONTRACTOR shall also deliver to OWNER such bonds as CONTRA COR may be required to furnish in accordance with paragraph 5, I . COPIES OF DOCUMENTS: 2.2 OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the general requirements) of the contract documents as are reasonable necessary for the execution of the work. Additional copies will be furnished, upon request, at the cost of reproduction. COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED: 2.3 The Contract Time will commence to run on the thirtieth day after the effective datc of the Agreement, or if a Notice to Proceed is given, on the day indicated in the Notice to Proceed; but in no event shall the Contract Time commence to run later than the sixtieth day after the day of bid opening, or the thirtieth day after the effective date of the Agreement. A Notice to Proceed may be given at any time within thirty days after the effective date of the Agreement. STARTING THE PROJECT: 2.4 CONTRACTOR shall start to perform the work on the date when the Contract Time commences to run, but no work shall be done at tne site prior to the date on which the Contract Time commences to run. BEFORE STARTING CONSTRUCTION: 2.5 Before undertaking each part of the work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verifY pertinent figures shown thereon and all applicable field measurements, CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, or discrepancy which CONTRACTOR may discover; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, or discrepancy in the Drawings Of Specificatiofts, unless CONTRACTOR had actual knowledge thereof, or should reasonable hav~ known 2,6 Within ten days after the effective date of the Agreement (unless otherwise specified in the general requirements) CONTRACTOR shall submit to ENGINEER for review and acceptance an progress indicating the starting and completion dates of the various stages of the work, a preliminary schedule of shop drawings submissions, and a preliminary schedule of values of the Work. 2.7 Before any work at the site is started, CONTRACTOR shall deliver to OWNER, with a copy to ENGINEER, certificates of insurance (and other evidence of insurance requested by OWNER) General Conditions Page 3 which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.3, 5.4,5,5,5.6, and 5.7. PRE-CONSTRUCTION CONFERENCE: 2.8 Within twenty days after the effective date ofthe Agreement, but before CONTRACTOR starts the work at the site, a conference will be held for review and acceptance of the schedules referred to in paragraph 2,6, to establish procedures for handling shop drawings and other submittals, and for processing applications for payment, and to establish a working understanding among the parties as to the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT AND REUSE INTENT: 3.1 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the work. They may be altered only by a Modification. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If during the performance of the Work, CONTRACTOR finds a conflict, error, or discrepancy in the Contract Documents, he shall report it to ENGINEER in writing at once and before proceeding with the Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflicts, error, or discrepancy in the Specifications or Drawings unless CONTRACTOR had actual knowledge thereof, or should reasonably have known thereof. 3.3 The Contract documents include those documents set forth in Article 7 of the Agreement. 3.4 It is the intent of the specifications and drawings to describe a complete project (or part thereof) to be constructed in accordance with the contract documents. Any work that may reasonable be inferred from the specifications or drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials, or equipment, such words shall be interpreted in accordance with such meaning. References to codes of any technical society, organization, or association, or to the code of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, or code in effect at the time of opening of bids (or on the effective date ofthe agreement if there were no bids), except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual, or code (whether or not specifically incorporated by reference in the contract documents) shall change the duties and responsibilities of OWNER, CONTRACTOR, ~)r or frORl set in the contract documents. Clarifications and interpretations of the contract documents shall be issued by ENGINEER as provided for in paragraph 9,3. 3.5 The contract documents will be governed by the law of the place of the project. REUSE OF DOCUMENTS: 3.6 Neither CONTRAc:TOR nor any subcontract()r, m~nyfactur~r, fabriyator, supplier,. or distributor shall have or acquire any title to or ownership rights in any of the drawings, specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER; and General Conditions Page 4 they shall not reuse any of them on extensions of the project, or any other project, without written consent of OWNER and ENGINEER, and specific written verification or adaptation by ENGINEER. ARTICLE 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS A V AILABILITY OF LANDS: 4,1 OWNER shall furnish, as indicated in the contract documents, the lands upon which the work is to be performed, rights-of-way for access thereto, and such other lands which are designated for the use of CONTRACTOR. Easements for permanent structures, or permanent changes in existing facilities, will be obtained and paid for by OWNER, unless otherwise provided in the contract documents, If CONTRACTOR believes that any delay in OWNER'S furnishing these lands or easements entitles him to an extension of the contract time, CONTRACTOR may make a claim therefore as provided in Article 12. CONTRACTOR may make a claim therefore as provided in Article 12. CONTRACTOR shall provide for all additional lands and access hereto that may be required for temporary construction facilities or storage of materials and equipment. PHYSICAL CONDITIONS - INVESTIGATIONS AND REPORTS: 4,2 Reference is made to the supplementary conditions for identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress, or performance of the work which have been relied upon by ENGINEER in the preparation of the drawings and specifications. Such reports are not part of the contract documents. UNFORESEEN PHYSICAL CONDITIONS: 4.3 CONTRACTOR shall promptly notifY OWNER and ENGINEER in writing of any subsurface or latent physical conditions at the site or in an existing structure differing materially from those indicated or referred to in the contract documents. ENGINEER will promptly review those conditions and advise OWNER in writing if further investigation or tests are necessary. Promptly thereafter, OWNER shall obtain the necessary additional investigations and tests, and furnish copies to ENGINEER and CONTRACTOR. If ENGINEER finds that the results of such investigations or tests indicate that there are subsurface or latent physical conditions which differ materially from those intended in the contract documents, and which could not reasonably have been anticipated by CONTRACTOR, a change order shall be issued incorporating the necessary reVISIOns. REFERENCE POINTS: 4.4 OWNER shall provide engineering surveys for construction to establish reference points which in his judgment are necessary to enable CONTRACTOR to proceed with the worK. CONTRACTOR shall be responsible for laying out the work (unless otherwise specified in the general requirements), shall protect and preserve the established reference points, and shall make no changes nor relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any referenc.e point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for replacement or reloc.ation of such reference points by professional qualified personnel. General Conditions Page 5 AR TICLE 5 - BONDS AND INSURANCE PERFORMANCE AND OTHER BONDS: 5,1 CONTRACTOR shall furnish performance and payment bonds, each in an amount at least equal to the contract price as security for the faithful performance and payment of all CONTRACTOR'S obligations under the contract documents. These bonds shall remain in effect at least until two years after the date of final payment, except as otherwise provided by law. CONTRACTOR shall also furnish other bonds as are required by the Contract Documents. All bonds shall be in the forms prescribed by the Contract Documents, and be executed by such sureties as (a) are licensed to conduct business in the state where the project is located, and (b) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. 5.2 If the surety on any bond furnished by CONTRACTOR is declared bankrupt, or becomes insolvent, or its right to do business is terminated in any state where any part ofthe project is located, or it ceases to meet the requirements of clauses (a) and (b) of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another bond and surety, both of which shall be acceptable to OWNER. INS URANCE: 5.3 CONTRACTOR'S Liability Insurance: The CONTRACTOR shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the CONTRACTOR'S operations under the contract, whether such operations be by himself, or by any subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. All such insurance shall remain in effect until final payment, and at all times thereafter when CONTRACTOR may be correcting, removing, or replacing defective work in accordance with paragraph 13,12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment, and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. 5,3.1 Claims under Workmen's Compensation, disability benefits, and other similar employee benefit acts; 5,3.2 Claims for damage because of bodily injury, occupational sickness or disease, or death of his employ.ees, and claims insured by usual personal ittiury liability coverage; 5,3,3 Claims for damage because of bodily injury, sickness or disease, or death of any person other than his employees, and claims insured by usual personal injury liability coverage; and 5.3.4 Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. Workmen's Compensation insurance shall provide coverage as required by the laws of the State of Colorado. General Conditions Page 6 Insurance covering claims for damages to persons or property required by the preceding paragraph (except subparagraph 5.3.1) shall be in the following minimum amounts: Bodily Injury Liability: Each Person: $1,000,000 Each Accident or Occurrence: $2,000,000 Property Damage Liability: Each Accident or Occurrence: $1,000,000 Aggregate: $2,000,000 and shall be furnished in types specified as follows: 5.3.5 CONTRACTOR'S Liability Insurance issued to and covering the liability for damage imposed by law upon the CONTRACTOR and each subcontractor with respect to all work performed by them under the agreement (construction contract), 5.3.6 CONTRACTOR'S Protective Liability Insurance issued to and covering the liability for damages imposed by law upon the CONTRACTOR and each subcontractor with respect to all work under the agreement (construction contract) performed for the CONTRACTOR by subcontractors. 5.3.7 Completed Operations Liability Insurance issued to and covering the liability for damage imposed by law upon the CONTRACTOR and each subcontractor arising between the date of final cessation of the work, and the date of final acceptance thereof out of that part of the work performed by each. 5.3.8 Comprehensive Automobile Insurance shall be carried in the amount of $500,000/$1,000,000 for bodily injury and $500,000 for property damage, each occurrence, All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. 5.3.9 The CONTRACTOR shall in addition, and in the amounts required under the above, obtain Protective Liability Insurance issued to and covering the liability for damages imposed by law upon the OWNER with respect to all operations under the construction contract by the CONTRACTOR or his subcontractors, including omissions and supervisory acts by the OWNER. 5.4 Comprehensive Risk Policy Option: In lieu of the several policies specified for CONTRACTOR'S Liability Insurance, a comprehensive liabiiity and property damage insurance polic;y inclusive of die insuranc.e and set forth.. w~th an covering of $2,000,000, subject to the approval of the OWNER, will be permissible, 5.5 Subcontractor's Insurance: Before permitting any of his subcontractors to perform any work unuef coahact, CONTRACTOR shall either (a) rcqu~re each of his subcontractors to procure and maintain during the life of his subcontracts, Subcontractor's Public Liability and Property Damage Insurance of the types and in the amounts as may be applicable to his work, which type and amounts shall be subject to the approval of the OWNER, or (b) insure the activities of his subcontractors in his own policy. General Conditions Page 7 5,6 Builder's Risk Insurance: Insofar as the work to be performed under this contract consists entirely of new construction removed and separated from any existing facility used by OWNER, CONTRACTOR shall procure and maintain, for the duration of the work of this project, Builder's Risk Insurance, including the perils of fire, extended coverage (loss due to vehicles, explosion, wind, flood, riot, etc,), vandalism and malicious mischief, and special extended coverage (loss due to falling objects, collapse, water damage from faulty or leaking systems, etc.) in the full amount of the contract price plus the cost of authorized extras. Said amount of insurance coverage shall be considered to cover the insurable value of the work under this contract which is considered not to exceed one hundred percent (100%) of the amount of this contract and authorized extras, Such policy shall not insure any tools or equipment, or temporary structures erected at the site and belonging to any person or persons, or their subcontractors who are obliged by contract with the OWNER to do work on the projects, Such insurance shall be placed jointly in the names of the OWNER, CONTRACTOR, and any and all subcontractors, and any and all others obliged by contract with the OWNER to do work on this project and at the OWNER'S option, any other person or persons whom the OWNER deems to have an insurable interest in said property, or any part thereof, payable as their several interests may appear. CONTRACTOR shall furnish OWNER with certification of said insurance prior to commencement of any work. Any proceeds obtained from insurance provided for by this paragraph shall be paid to and held by the OWNER as trustee. The OWNER shall have the right to withhold payment of such proceeds until such time as the work destroyed or damaged and covered by such insurance shall be reconstructed and shall pay such proceeds on an installment basis similar to that provided for by progress payments covering the original work. 5,7 Certificates ofInsurance: Certificates ofInsurance acceptable to the OWNER shall be filed with the OWNER prior to commencement of the work. These Certificates shall contain provisions naming the OWNER as an additional insured under CONTRACTOR'S insurance, as more fully required by the General Conditions herein, and that coverage afforded under the policies will not be cancelled until at least thirty days prior written notice has been given the OWNER. CONTRACTOR and his subcontractors shall not permit any of his subcontractors to start work until all required insurance have been obtained and certificates with the proper endorsements have been filed with the OWNER. Failure of the CONTRACTOR to comply with the foregoing insurance requirement shall in no way waive the OWNER'S rights hereunder. 5.8 Owner's Liability Insurance: The OWNER, at his option, may purchase and maintain such liability insurance as will protect him against claims which may arise from operations under this contract. Purchasing and maintaining such insurance, however, will not relieve the CONTRACTOR from purchasing and maintaining the insurance hereinbefore specified. 5.9 Loss of Use ofInsurance: The OWNER, at his option, may purchase and maintain such insurance as will insure him against loss of use of his property due to fire or other hazards, however ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SUPERVISION AND SUPERINTENDENCE: 6. I CONTRACTOR shall supervise and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the contract documents, CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but CONTRACTOR General Conditions Page 8 shall not be solely responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence, or procedure of construction which is indicated in and required by the contract documents. CONTRACTOR shall be responsible to see that the finished work complies accurately with the contract documents. 6,2 CONTRACTOR shall keep on the work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR'S representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. LABOR, MATERIALS AND EQUIPMENT: 6.3 CONTRACTOR shall provide competent, suitably qualified personnel to survey and layout the work, and perform construction as required by the contract documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons, or the work, or property at the site or adjacent thereto, and except as otherwise indicated in the supplementary conditions, all work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of work on Saturday, Sunday, or any legal holiday without OWNER'S written consent given after prior written notice to ENGINEER. 6.4 Colorado labor shall be employed to perform the work to the extent of not less than eighty percent of each type or class of labor in the several classifications of skilled and common labor employed on the project. "Colorado labor" means any person who is a resident of the state of Colorado, at the time of employment, without discrimination as to race, color, creed, sex, age, or religion except when sex or age is a bona fide occupational qualification. 6.5 CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, and sanitary facilities, and all other facilities and incidentals necessary for the execution, testing, initial operation, and completion of work. 6.6 All materials and equipment shall be of good quality and new, except as otherwise provided in the contract documents. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required test) as to the kind and quality of materials and equipment. 6.7 All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier, or distributot, except as otherwise provided in the contract documents. EQUIV ALENT MATERIALS AND EQUIPMENT: 6,8 Whenever materials or equipment are specified or described in the drawings or specifications by usmg j;ame of a proprietary item, or the name of a particular manufacturer, fabricator, supplier, or distributor, the naming of the item is intended to establish the type, function, and quality r~quired, Unless the nam€ is followed by words indicating that no substitution is permitted, materials or equipment of other manufacturers, fabricators, suppliers, or distributors may be accepted by ENGINEER if sufficient information is submitted by CONTRACTOR to all ENGINEER to determine that the material or equipment proposed is equivalent to that named. General Conditions Page 9 The procedure for review by ENGINEER will be as set forth in paragraphs 6,8,1 and 6,8.2 below as supplemented in the general requirements. 6,8.1 Requests for review of substitute items of material and equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR, If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. The application will state whether or not acceptance of the substitute for use in the work will require a change in the drawings or specifications to adapt the design to the substitute and whether or not incorporation or use of the substitute in connection with the work I subject of payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs or savings that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish, at CONTRACTOR'S expense, additional data about the proposed substitute. ENGINEER will be the sole judge of acceptability, and no substitute will be ordered or installed without ENGINEER'S prior written acceptance, OWNER may require CONTRACTOR to furnish, at CONTRACTOR'S expense, a special performance guarantee or other surety with respect to any substitute, 6.8.2 ENGINEER will record time required by ENGINEER and ENGINEER'S consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the drawings or specifications occasioned thereby, whether or not ENGINEER accepts a proposed substitute. CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER'S consultants for evaluating any proposed substitute. CONCERNING SUBCONTRACTORS: 6.9 CONTRACTOR shall not employ any subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. A subcontractor or other person or organization identified in writing to OWNER and ENGINEER by CONTRACTOR prior to the Notice of A ward, and not objected to in writing by OWNER or ENGINEER prior to the Notice of Award, will be deemed acceptable to OWNER and ENGINEER. Acceptance of any subcontractor, other person or organization by OWNER or ENGINEER shall not COl'lslitute <~ of any of O\VNER or ENGINEER tC1 reject defective work. If O'VNER ENGINEER,aft~r due invt}stigation, has to any subcontractor, or other person or organization proposed by CONTRACTOR after the Notice of Award, CONTRACTOR shall submit a~ acceptable substitute, and the contract price shall be increased or decreased by the difference in cost occasioned by such substitution, and an , issued, CONTRACTOR shalll10t be reqmred to employ any () roer subcontractor, other person or organization against whom CONTRACTOR has reasonable objection, 6.10 CONTRACTOR shall be fully responsible for all acts and omissions of his subcontractors, and of persons and organizations directly orihdirectly employed lJy"meifi,'and of persons and organizations for whose acts any of them may be liable to the same extent that CONTRACTOR is General Conditions Page 10 responsible for the acts and omissions of persons directly employed by CONTRACTOR. Nothing in the contract documents shall create a contractual relationship between OWNER or ENGINEER and any subcontractor or other person or organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any monies due any subcontractor, or other person or organization, except as may otherwise by required by law. OWNER or ENGINEER may furnish to any subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account of specific work done. 6. I 1 The divisions and sections of the specifications and the identifications of any drawings shall not control CONTRACTOR in dividing the work among subcontractors, or delineating the work to be performed by any specific trade. 6,12 All work performed for CONTRACTOR by a subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the subcontractor which specifically binds the subcontractor to the applicable terms and conditions of the contract documents for the benefit of the OWNER and ENGINEER CONTRACTOR shall pay each subcontractor ajust share of any insurance monies received by CONTRACTOR on account of losses under policies issued pursuant to paragraph 5.6. P A TENT FEES AND ROY AL TIES: 6.13 CONTRACTOR shall pay all license fees and royalties, and assume all costs incident to the use in the performance of the work, or the incorporation in the work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the contract documents for use in the performance of the work, and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the contract documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses, and expenses (including attorney's fees) arising out of any infringement of patent rights or copyrights incident to the sue in the performance of the work, or resulting from the incorporation in the work of any invention, design, process, product, or device not specified in the contract documents, and shall defend all such claims in connection with any alleged infringement of such rights. PERMITS: 6.14 Unless otherwise provided in the Contract Documents, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in CO~~TRACTOR 811all all !!.!iovernmental charges alld inspection fees necessary for the prosecution of the work, which are applicable at the time of opening of bids, CONTRACTOR shall pay all charges of utility service companies for connections to the work, and OWNER shall pay all charges of such companies for capital costs related thereto, LA WS AND REGULA nONS: 6.15 CONTRACTOR shall give all notices and comply with all laws, ordinances, rules, and regulations applicable to the work. If CONTRACTOR observes that the specifications or drawings are at variance therewith, CONTRACTOR shall give ENGINEER prompt written General Conditions Page 11 notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If CONTRACTOR performs any work knowing, or having reason to know, that it is contrary to such laws, ordinances, rules, and regulations, and without such notice to ENGINEER, CONTRACTOR shall bear all costs arising therefrom; however, it shall not be CONTRACTOR'S primary responsibility to make certain that the specifications and drawings are in accordance with such laws, ordinances, rules, and regulations. TAXES: 6,16 CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by him in accordance with the law of the place of the project. USE OF PREMISES: 6.17 CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workmen to areas permitted by law, ordinances, permits, or the requirements of the contract documents, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. 6.18 During the progress of the work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish, and other debris resulting from the work. At the completion of the work, CONTRACTOR shall remove all waste materials, rubbish, and debris from and about the premises as well as all tools, appliances, construction equipment, and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to their original condition those portions of the site not designated for alteration by the contract documents. 6.19 CONTRACTOR shall not load, nor permit any part of any structure to be loaded, in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the work or adjacent property to stresses or pressures that will endanger it. RECORD DOCUMENTS: 6,20 CONTRACTOR shall keep one record copy of all specifications, drawings, addenda, modifications, shop drawings, and samples at the site in good order and annotated to show all changes made during the construction process. These shall be available to ENGINEER for examination and shall be delivered to ENGINEER for OWNER upon completion of the work. SAFETY AND PROTECTION: 6.21 CONTRf~tCTOR shall be r~sponsible for ~nitiating, maintai~ing, and supervising all safety precautions and programs with the CONTRACTOR shall take !illnec~ssary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 6,21.1 all employees on the work and other persons who may beaffecteJ thereby, 6,21.2 all the work and all materials or equipment to be incorporated therein, whether in storage on or offthe site, and 6,21.3 other property at the site, or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation or General Conditions Page 12 replacement in the course of construction. CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property, or to protect them from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and utilities when prosecution of the work may affect them, All damage, injury, or loss to any property referred to in paragraph 6.21.2 or 6.21.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of drawings or specifications, or to the acts or omissions of OWNER or ENGINEER, or anyone employed by either of them, or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR), CONTRACTOR'S duties and responsibilities for the safety and protection ofthe work shall continue until such time as all the work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR, in accordance with paragraph 14.13, that the work is acceptable, 6.22 CONTRACTOR shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR'S superintendent, unless otherwise designated in writing by CONTRACTOR to OWNER. EMERGENCIES: 6.23 In emergencies affecting the safety or protection of persons, or the work, or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from ENGINEER to OWNER, is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall give ENGINEER prompt written notice of any significant changes in the work, or deviations from the contract documents caused thereby. SHOP DRA WINGS AND SAMPLES: 6.24 After checking and verifying all field measurements, CONTRACTOR shall submit to ENGINEER for review and approval, in accordance with the accepted schedule of shop drawing submissions, five copies (unless otherwise specified in the general requirements) of all shop drawings, which shall have been checked by, and stamped with the approval of, CONTRACTOR, and identified as ENGINEER may require. The data shown on the shop drawings will be complete with respect to dimensions, design criteria, materials of construction, and like information to enable ENGINEER to review the information as required, 6,25 CONTRACTOR shall also submit to ENGINEER for review and approval, with such promptness 3:c cause ~lO in work, contrl'tY~t AU ~!ill have been checked by, and stamped with the approval, of CONTRACTOR, identified clearly as to r:laterial, manufacturer, and any pertinent catalog numbers, and the use for which intended, 6.26 At the time or each submission, CONTRACTOR shall, in writing, call ENGINEER'S attention to any deviations that the shop drawings or samples may have from the requirements of the contract documents, 6.27 ENGINEER will review and approve, with reasonable promptness, shop drawings and samples, but ENGINEER'S review and approval shall be only for conformance with the design concept of the project, and for compliance with the information given in the contract documents, and shall General Conditions Page 13 not extend to means, methods, sequences, techniques, or procedures of construction, or to safety precautions of programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make any corrections required by ENGINEER, and shall return the required number of corrected copies of shop drawings, and resubmit new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. CONTRACTOR'S stamp of approval on any shop drawing or sample shall constitute a representation to OWNER and ENGINEER that CONTRACTOR has either determined and verified all quantities, dimensions, field construction criteria, materials catalog numbers, and similar data, or assumes full responsibility for doing so, and that CONTRACTOR has reviewed or coordinated each shop drawing or sample with the requirements of the work and the contract documents. 6.28 Where a shop drawing or sample is required by the specifications, no related work shall be commenced until the submittal has been reviewed and approved by ENGINEER. 6,29 ENGINEER'S review and approval of shop drawings or samples shall not relieve CONTRACTOR from responsibility for any deviations from the contract documents unless CONTRACTOR has, in writing, called ENGINEER'S attention to such deviation at the time of submission, and ENGINEER has given written concurrence and approval to the specific deviation, nor shall any concurrence or approval by ENGINEER relive CONTRACTOR from responsibility for errors or omissions in the shop drawings. CONTINUING THE WORK: 6.30 CONTRACTOR shall carry on the work and maintain the progress schedule during all disputes or disagreements with OWNER. No work shall be delayed or postponed pending resolution of any disputes or disagreements, except as CONTRACTOR and OWNER may otherwise agree in writing. INDEMNIFICA nON: 6.3 I To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER, and their agents and employees, from and against all claims, damages, losses, and expenses including, but not limited to, attorney's fees arising out of, or resulting from, the performance of the work, provided that any such claim, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom, and (b) is caused, in whole or in part, by any negligent act or omission of CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified ifl the contract interpreted that waIves its immunity granted underC,R.S, 24-10-105. 6.32 In any and all claims against OWNER or ENGINEER, or any of their agents or employees, by any employee of CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under pm'agraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any subcontractor under worker's or workmen's compensation acts, disability benefit acts, or other employee benefit acts, General Conditions Page 14 ARTICLE 7 - WORK BY OTHERS 7.1 OWNER may perform additional work related to the project by himself, or have additional work performed by utility service companies, or let other direct contracts therefore which shall contain general conditions similar to these. CONTRACTOR shall afford the utility service companies and the other contractors who are parties to such direct contracts (or OWNER, if OWNER is performing the additional work with OWNER'S employees) reasonable opportunity for the introduction and storage of materials and equipment, and the execution of work, and shall properly connect and coordinate his work with theirs. 7.2 If any part of CONTRACTOR'S work depends, for proper execution or results, upon the work of any such other contractor or utility service company (or OWNER), CONTRACTOR shall inspect and promptly report to ENGINEER in writing any patent or apparent defects or deficiencies in such work that render it unsuitable for such proper execution and results CONTRACTOR'S failure to so report shall constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR'S work, except for latent or nonapparent defects and deficiencies in the other work. 7,3 CONTRACTOR shall do all cutting, fitting, and patching of his work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work, and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. 7.4 If the performance of additional work by other contractors or utility service companies or OWNER was not noted in the contract documents, written notice thereof shall be given to CONTRACTOR prior to starting any such additional work. If CONTRACTOR believes that the performance of such additional work by OWNER or others involves additional expense to CONTRACTOR, or requires an extension of the contract time, CONTRACTOR may make a claim therefore as provided in Articles II and 12. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.1 OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2 In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer whose status under the contract documents shall be that of the former ENGINEER. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTIUJCTION OWNER'S REPRESENTATIVE: 9,] ENGINEER will be OWNER'S representative during the construction period, VISITS TO SITE: 9,2 ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or General Conditions Page 15 quantity of the work. ENGINEER'S efforts will be directed toward providing for OWNER a greater degree of confidence that the completed work will conform to the contract documents, On the basis of such visits and on-site observations, as an experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of the work, and will endeavor to guard OWNER against defects and deficiencies in the work. CLARIFICA TIONS AND INTERPRETATIONS: 9,3 ENGINEER will issue, with reasonable promptness, such written clarifications or interpretations of the contract documents (in the form of drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with, or reasonably inferable from, the overall intent of the contract documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the contract price or contract time, CONTRACTOR may make a claim therefore, as provided in Article I] or Article 12. REJECTING DEFECTIVE WORK: 9.4 ENGINEER will have authority to disapprove or reject work which is defective, and will also have authority to require special inspection or testing of the work as fabricated, installed, or completed, SHOP ORA WINGS, CHANGE ORDERS, AND PAYMENTS: 9.5 In connection with ENGINEER'S responsibility for shop drawings and samples, see paragraphs 6.24 through 6.29 inclusive, 9.6 In connection with ENGINEER'S responsibilities as to change orders, see Articles 10, ] 1, and] 2. 9.7 In connection with ENGINEER'S responsibilities in respect to applications for payment, etc" see Article 14. PROJECT REPRESENTATION: 9.8 ENGINEER may utilize Resident Project Representative to assist ENGINEER in observing the performance of the work. The duties, responsibi Iities, and limitations of authority of any such Resident Project Representative and assistants will be as provided in the supplementary conditions. If OWNER designates another agent to represent him at the site who is not ENGINEER'S agent, the duties, responsibilities, and limitations of authority of such other person will be as provided in the supplementary conditions, DECISIONS ON DISAGREEMENTS: 9.9 ENGU,fEER will be the initial interpreter of the reyuirements of the contract documents and judge of the acceptability of the work thereunder. Claims, disputes, and other matters relating to the acceptability of the work, or the interpretation of the requirements of the contract documents pertaining to the execution and progress of the work, shall be referred initially to ENGINEER in writing \Vith a request for a formal decision which ENGINEER will render in writing within a reasonable time: . General Conditions Page 16 LIMIT A TIONS ON ENGINEER'S RESPONSIBILITIES: 9.10 Neither ENGINEER'S authority to act under this Article 9, or elsewhere in the contract documents, nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any subcontractor, any manufacturer, fabricator, supplier, or distributor, or any of their agents or employees, or any other person performing any of the work. 9.] 1 Whenever, in the contract documents, the terms "as ordered", "as directed", "as required", "as allowed", or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper", or "satisfactory", or adjectives of like effect or import are used to describe requirement, direction, review, or judgment of ENGINEER as to the work, it is intended that such requirement direction, review, or judgment will be solely to evaluate the work for compliance with the contract documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective never indicates that ENGINEER shall have authority to supervise or direct performance of the work, or authority to undertake responsibility contrary to the provisions of paragraphs 9. 12 or 9. 13. 9.12 ENGINEER will not be responsible for CONTRACTOR'S means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and ENGINEER will not be responsible for CONTRACTOR'S failure to perform the work in accordance with the contract documents. 9.13 ENGINEER will not be responsible for the acts or omissions of CONTRACTOR, or of any subcontractor, or of the agents or employees of any CONTRACTOR or subcontractor, or of any other persons at the site or otherwise performing any of the work. ARTICLE 10 - CHANGES IN THE WORK 10.1 Without invalidating the agreement, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the work; these will be authorized by change orders. Upon receipt of a change order, CONTRACTOR shall proceed with the work involved. All such work shall be executed under the applicable conditions of the contract documents, If any change order causes an increase or decrease in the contract price, or an extension or shortening of the contract time, an equitable adjustment will be made as provided in Article 11 or Article 12 on the basis of a claim made by either party. 10.2 ENGINEER may authorize minor changes in the work, not involving an adjustment in the contract price or the contract time, which are consistent with the overall intent ofthe contract dowments. These may be accomplished by a field order, and shall be binding on OWNER, ar~d on CONTRACTOR perform prgmptly, JfCONTRACTOR believes, that a field order justifies an increase in the contract price or contract time, CONTRACTOR may make a claim therefore as provided in Article 1] or Article] 2. 1 Adtiitionalwork performed without authorization of a change ordt;;r w ill not CONTRACTOR to an increase in the contract price, or an extension of the contract time, except in the case of an emergency as provided in paragraph 6.23, and except as provided in paragraphs 10.2 and 13,9, 10.4 OWNER shall execute appropriate change orders prepared by ENGINEER covering changes in the work which are required by OWNER, or required because of unforeseen physical conditions General Conditions Page I 7 or emergencies, or because of uncovering work found not to be defective, or as provided in paragraphs ILl 0 or 11.11. 10.5 If notice of any change affecting the general scope of the work or change in the contract price is required by the provisions of any bond to be given to the surety, it will be CONTRACTOR'S responsibility to so notify the surety, and the amount of each applicable bond shall be adjusted accordingly. CONTRACTOR shall furnish proofofsuch adjustment to OWNER. ARTICLE 11 - CHANGE OF CONTRACT PRICE 11.1 The contract price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the work. All duties, responsibilities, and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the contract price. 11.2 The contract price may only be changed by a change order. Any claim for an increase in the contract price shall be based on written notice delivered to OWNER and ENGINEER within ten days of the occurrence of the event giving rise to the claim. Any change in the contract price resulting from any such claim shall be incorporated in a change order. 11.3 No change orders or other form of order or directive which requires additional compensable work to be performed may be issued or be effective unless accompanied by a written assurance to the CONTRACTOR that lawful appropriations to cover the costs of the additional work have been made. 11.4 The value of any work covered by a change order, or of any claim for an increase or decrease in the contract price, shall be determined in one of the following ways: 11.4.1 Where the work involved is covered by unit prices contained in the contract documents, by application of unit prices to the quantities of the items involved (subject to the provisions of paragraph 11,10). 11.4.2 By mutual acceptance of a lump sum. 11.4.3 On the basis of the cost of the work (determined as provided in paragraphs 11.5 and 11.6), plus a contractor's Fee for overhead and profit (determined as provided in paragraph I 1.7). 11.5 The term "Cost of the Work" means the sum of all costs necessarily incurred and paid by CONTFtACTOR in the proper performaflce of the work, Except as otherwise may be agreed to in OWNER, COjts shall be ~n amounts than those locality of the project, shall include only the following items, and shall not include any of the costs itemized in p€*ragraph 1 J .6: 1:'5,1 Payron C051ts for employees in the diI'ect employ of CONTRACTOR in the performance of the work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the work shall be apportioned on the basis of their time spent on the work. Payroll costs shall include, but not be limited to, salaries and wages, plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, worker's or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation General Conditions Page 18 and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing work after regular working hours, or on Sunday or legal holidays, shall be included in the above only to the extent authorized by OWNER. 11.5,2 Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case, the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.5.3 Payments made by CONTRACTOR to the subcontractors for work performed by subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to CONTRACTOR, and shall deliver such bids to OWNER, who will then determine, with the advice of ENGINEER, which bids will be accepted. If a subcontract provides that the subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR'S Cost of the Work. All subcontracts shall be subject to the other provisions of the contract documents insofar as applicable. 11.5.4 Supplemental costs including the following: 11.5.4.1 The proportion of necessary transportation, travel, and subsistence expenses of CONTRACTOR'S employees incurred in discharge of duties connected with the work. 11.5.4.2 Cost, including transportation and maintenance, of all materials, supplies, equipment, machines, appliances, office and temporary facilities at the site, and hand tools not owned by the workmen, which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.5.4,3 Rentals of all construction equipment and machinery, and the parts thereof, whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with terms of said rental agreements, The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the worK. 11,5.4.4 Sales, use, or similar taxes related to the work, and for which CONTRACTOR is liable, imposed by any governmental authority, i 1.5.4,5 Deposits lost for causes other than CONTRA.CTOR'S negligence, royalty payments, and fees for permits and licenses. 11.5.4.6 Losses and damages (and related expenses), not compensated by insurance or otherwise, to the work otherwise sustained by CONTRACTOR in conne9tion with the execution of the work, provided they have resulted from causes other than the negligence of CONTRACTOR, any subcontractor, or anyone directly or General Conditions Page 19 indirectly employed by any of them, or for whose acts any of them may be liable, Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's Fee. If, however, any such loss or damage requires reconstruction, and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.7.2. 11.5.4.7 The cost of utilities, fuel, and sanitary facilities at the site. 11.5.4,8 Minor expenses such as telegrams, long distance calls, telephone service at the site, expressage and similar petty cash items in connection with the work. 11.5.4,9 Cost of premiums for additional bonds and insurance required because of changes in the work. 11.6 The term "Cost of the Work" shall not include any of the following: 11.6.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorship), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR whether at the site or in his principal or a branch office for general administration of the work, and not specifically included in the agreed upon schedule of job classifications referred to in subparagraph 11.5.1, all of which are to be considered administrative costs covered by the Contractor's Fee. 11.6.2 Expenses of CONTRACTOR'S principal and branch office, other than CONTRACTOR'S office at the site. 11,6.3 Any part of CONTRACTOR'S capital expenses including interest on CONTRACTOR'S capital employed for the work, and charges against CONTRACTOR for delinquent payments. 11,6.4 Cost of premiums for all bonds and for all insurance whether or not CONTRACTOR is required by the contract documents to purchase and maintain the same (except for additional bonds and insurance required because of changes in the work). 11.6.5 Costs due to the negligence of CONTRACTOR, any subcontractor, or anyone directly or indirectly employed by any of them, or for whose acts any of them may be liable, including, but not limited to, the correction of defi~ctive work, disposal of materials or equipment wmngly and mJlkinggood any 11,6.6 Other overhead or general expense costs of any kind, and the costs of any item not specifically and expressly included in paragraph I},S, CONTRACTOR'S FEE: 11.7 The Contractor's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.7.1 a mutually acceptable fixed fee; or, if none can be agreed upon, General Conditions Page 20 11.7.2 a fee based on the following percentages of the various portions of the Cost of the Work: II. 7 .2,1 for costs incurred under paragraphs 11.5,1 and 11,5.2, the Contractor's Fee shaH be ten percent, 11.7.2,2 for costs incurred under paragraph 11,5.3, the Contractor's Fee shall be five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to the subcontractor as a fee for overhead and profit shaH be ten percent, and 11.7.2.3 no fee shall be payable on the basis of costs itemized under paragraphs 11.5.4 and 11,6. 11.8 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in anyone change, the combined adjustment to overhead and profit shall be figured on the basis of the net increase or decrease in allowable costs, if any, ADJUSTMENT OF UNIT PRICES: 11.9 Whenever the cost of any work is to be determined pursuant to paragraphs 11.5 and 11.6, CONTRACTOR will submit, in form acceptable to ENGINEER, an itemized cost breakdown together with supporting data. 11.10 Where the quantity of work with respect to any item that is covered by a unit price differs materially and significantly from the quantity of such work indicated in the contract documents, an appropriate change order shall be issued on recommendation of ENGINEER to adjust the unit pnce. CASH ALLOWANCES: 11.11 It is understood that CONTRACTOR has included in the contract price all allowances so named in the contract documents, and shall cause the work so covered to be done by such subcontractors, manufacturers, fabricators, suppliers, or distributors, and for such sums within the limit of the allowances as may be acceptable to ENGINEER. Upon final payment, the contract price shall be adjust as required, and an appropriate change order issued. CONTRACTOR agrees that the original contract price includes such sums as CONTRACTOR deems proper for costs and profit on account of cash allowances. No demand for additional cost or profit in connection therewith will be valid. AR TICLE 12 - CHANGE OF THE CONTRACT TIME 12,1 The contract time may oniy be changed a change ordei. Any claim for an e:4h.msion in contract time shall be based on written notice delivered to OWNER and ENGINEER within ten days of the occurrence of the event giving rise to the claim. Any change in the contract time resulting from any such claim shall be incorporated in a change order. General Conditions Page 21 12.2 All time limits stated in the contract documents are of the essence of the agreement. The provisions of Articles 11 and 12 are CONTRACTOR'S sole remedies for delay by any cause whatsoever, including acts of OWNER. AR TICLE 13 - WARRANTY AND GUARANTEE; TESTS AND INSPECTION; CO RRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK WARRANTY AND GUARANTEE: 13. 1 CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all work will be in accordance with the contract documents and will not be defective, Prompt notice of all defects shall be given to CONTRACTOR. All defective work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article 13. ACCESS TO WORK: 13.2 ENGINEER, ENGINEER'S representatives, other representatives of OWNER, testing agencies, and governmental agencies with jurisdictional interests will have access to the work at reasonable times for their observation, inspection and testing. CONTRACTOR shall provide proper and safe conditions for such access. TE STS AND INSPECTIONS: 13.3 CONTRACTOR shall give ENGINEER timely notice of readiness of work for all required inspections, tests or approvals. 13.4 If any law, ordinance, rule, regulation, code, or order of any public body having jurisdiction requires any work (or part thereof) to specifically be inspected, tested, or approved, CONTRACTOR shall assume full responsibility therefore, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, testing, or approval. CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWNER'S or ENGINEER'S acceptance of a manufacturer, fabricator, supplier or distributor of materials or equipment proposed to be incorporated in the work, or of materials or equipment submitted for approval prior to CONTRACTOR'S purchase thereof for incorporation of the work. The cost of all other inspections, tests, and approvals required by the contract documents shall be paid by OWNER (unless otherwise specified), 13.5 Any inspections, tests, or approvals, other than those required by law, ordinance, rule, regulation, code, or order of any public body having jurisdiction, shall be performed by organizations to O\\'NER and CONTRACfOR by ENGINEER if so spe~ifie.d). 13. 6 If any work that is to be inspected, tested, or approved is covered without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation, Such uncovering shalt be at CONTRACI'OR'S expense, unless CON1RACTOR given ENGINEER timely notice of CONTRACTOR'S intention to cover such work and ENGINEER has not acted with reasonable promptness in response to such notice, 13.7 Neither observations by ENGINEER nor inspections, tests, or approvals by others shall relieve CONTRACTOR from his obligations to perform the work in accordance with the contract documents. Gell1eral Conditions Page 22 UNCOVERING WORK: 13.8 If any work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER'S observation and replaced at CONTRACTOR'S expense. 13.9 If ENGINEER considers it necessary or advisable that covered work be observed by ENGINEER, or inspected or tested by others, CONTRACTOR, at ENGINEER'S request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as ENGINEER may require, that portion of the work in question, furnish all necessary labor, material, and equipment. If it is found that such work is defective, CONTRACTOR shall bear all the expenses of such uncovering, exposure, observation, inspection, and testing of satisfactory reconstruction, including compensation for additional professional services, and an appropriate deductive change order shall be issued. If, however, such work is not found to be defective, CONTRACTOR shall be allowed an increase in the contract price, or an extension of the contract time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, and reconstruction. OWNER MAY STOP THE WORK: 13,10 If the work is defective, or CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment, OWNER may order CONTRACTOR to stop the work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. CORRECTION OR REMOVAL OF DEFECTIVE WORK: 13.11 If required by ENGINEER, CONTRACTOR shall promptly, without cost to OWNER and as specified by ENGINEER, either correct any defective work, whether or not fabricated, installed, or completed, or, if the work has been rejected by ENGfNEER, remove it from the site and replace it with nondefective work in a manner acceptable to the ENGINEER. TWO YEAR CORRECTION PERIOD: 13,12 If, with in two years after the date of substantial completion, or such longer period of time as may be prescribed by law, or by the terms of any applicable special guarantee required by the contract documents, or by any other specific provision of the contract documents, any work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER, and in accordance with OWNER'S written instructions, either correct such defective work, or, if it has been rejected by OWNER, remove it from tile site, and rcpl.ace it 'tivith nondefectivt.~ work. If CONTRACTOR docs; not promptly \vith tbe terms of instructioils, or in an emergency where would cause serious risk of loss or damage, OWNER may have the defective work corrected or the rejected work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR ACCEPTANCE OF DEFECTIVE WORK: 13.13 If, instead of requiring correction or removal and replacement of defective work, OWNER (and, prior to ENGINEER'S recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so, In such case, if acceptance occurs prior to ENGINEER'S recommendation General Conditions Page 23 of final payment, a change order shalI be issued incorporating the necessary revisions in the contract price; or, if the acceptance occurs after such recommendation, an appropriate amount shalI be paid by CONTRACTOR to OWNER. OWNER MAY CORRECT DEFECTIVE WORK: 13.14 If CONTRACTOR fails, within a reasonable time after written notice of ENGINEER, to proceed to correct defective work, or to remove and replace rejected work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the work in accordance with the contract documents (including any requirements ofthe progress schedule), OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising his rights under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, OWNER may exclude CONTRACTOR from all part of the site, take possession of alI or part of the work, and suspend CONTRACTOR'S services related thereto, take possession of CONTRACTOR'S tools, appliances, construction equipment, and machinery at the site, and incorporate in the work all materials and equipment stored at the site, or for which OWNER has paid CONTRACTOR, but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER'S representatives, agents, and employees such access to the site as may be necessary to enable OWNER to exercise his rights under this paragraph. AlI direct and indirect costs of OWNER in exercising such rights shalI be charged against CONTRACTOR in an amount verified by ENGINEER, and a change order shall be issued incorporating the necessary revisions in the contract documents and a reduction in the contract price. Such direct and indirect costs shaH include, in particular but without limitation, compensation for additional professional services required, and all costs of repair and replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR'S defective work. CONTRACTOR shall not be allowed an extension of the contract time because of any delay in performance of the work attributable to the exercise by OWNER of OWNER'S rights hereunder. AR TICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SCHEDULES: 14.1 At least ten days prior to submitting the first application for a progress payment, CONTRACTOR shall (except as otherwise specified in the general requirements) submit to ENGINEER a progress schedule, a final schedule of shop drawing submissions, and, where applicable, a schedule of values of the work, These schedules shall be satisfactory in form and substance to ENGINEER. The schedule of values shall include quantities and unit prices aggregating the contract price, and shall subdivide the work into component parts in sufficient detail to serve as the basis for progress payments during construction. Upon acceptatlce of the schedule of values by ENGn\!EER, it shall be incorporated into..a form for payment to ENGlNEER. APPLICA TION FOR PROGRESS PAYMENT: 14.2 At least ten days before each progress payment falls due (but not more often than once a month), CONTRACTOR shalI submit to ENGINEER for review an applicadon for payment filled out and signed by CONTRACTOR covering the work completed as of the date of the application, and accompanied by such supporting documentation as is required by the contract documents, and also as ENGINEER may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the work, but delivered and suitably stored at the site or at General Conditions Page 24 another location agreed to in writing, the application for payment shall also be accompanied by such data, satisfactory to OWNER, as will establish OWNER'S title to the material and equipment, and protect OWNER'S interest therein, including applicable insurance, Each subsequent application for payment shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the work have been applied to discharge in full all of CONTRACTOR'S obligations reflected in prior applications for payment. The amount of retain age with respect to progress payments will be as stipulated in the agreement. CONTRACTOR'S WARRANTY OF TITLE: ]4.3 CONTRACTOR warrants and guarantees that title to all work, materials, and equipment covered by any application for payment, whether incorporated in the project or not, will pass to OWNER at the time of payment free and clear of all liens, claims, security interests, and encumbrances (hereafter in these General Conditions referred to as "Liens"). REVIEW OF APPLICATIONS FOR PROGRESS PAYMENT: 14.4 ENGINEER will, within ten days after receipt of each application for payment, either indicate in writing a recommendation of payment and present the application to OWNER, or return the application to CONTRACTOR indicating in writing ENGINEER'S reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the application. OWNER shall, within twenty days of presentation to him of the application for payment with ENGINEER'S recommendation, pay CONTRACTOR the amount recommended. ]4,5 ENGINEER'S recommendation of any payment requested in an application for payment will constitute a representation by ENGINEER to OWNER that, based on ENGINEER'S on-site observations of the work in progress as an experienced and qualified design professional, and on ENGINEER'S review of the application for payment, and the accompanying data and schedules, the work has progressed to the point indicated; that, to the best of ENGINEER'S knowledge, information, and belief, the quality of the work is in accordance with the contract documents (subject to an evaluation of the work as a functioning project upon substantial completion, and to the results of any subsequent tests called for in the contract documents and any qualifications stated in the recommendation); and, that CONTRACTOR is entitled to payment of the amount recommended. However, by recommended any such payment, ENGINEER will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of work, or that the means, methods, techniques, sequences, and procedures of construction have been reviewed, or that any examination has been made to ascertain how or for what purpose CONTRACTOR has used the monies paid or to be paid to CONTRACTOR on account of the contract price, or that title to any work, materials, or equipment has passed to OWNER free and elear of any Liens. ]4,6 ENGINEER'S recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that tfle conditions precedent to CONTRACTOR'S being entitled to final payment as set forth in paragraph] 4, ] 3 have been fulfilled. ]4,7 ENGINEER may refuse to recommend the whole, or any part of any payment if, in his opinion, it would be incorrect to make such representations to OWl',mR He may also refuse to recommend any such payment, or, because of subsequently discovered evidence, or the results of subsequent inspections or tests, nullifY any such payment previously recommended to such extent as may be necessary in ENGINEER'S opinion to protect OWNER from loss because: General Conditions Page 25 14.7,1 the work is defective, or completed work has been damaged requiring correction or replacement, 14.7,2 written claims have been made against OWNER, or Liens have been filed in connection with the work, 14.7.3 the contract price has been reduced because of modifications, 14.7.4 OWNER has been required to correct defective work, or complete the work in accordance with paragraph 13.14, 14,7.5 of CONTRACTOR'S unsatisfactory prosecution of the work in accordance with the contract documents, or 14.7.6 CONTRACTOR'S failure to make payment to subcontractors, or for labor, materials, or equipment. SUBSTANTIAL COMPLETION: 14.8 When CONTRACTOR considers the entire work ready for its intended use, CONTRACTOR shaH, in writing to OWNER and ENGINEER, certify that the entire work is substantially complete, and request that ENGINEER issue a certificate of substantial completion. Within a reasonable time thereafter, OWNER, CONTRACTOR, and ENGINEER sha1l make an inspection of the work to determine the status of completion. If ENGINEER does not consider the work substantially complete, ENGINEER will notify CONTRACTOR in writing giving his reasons therefor. If ENGINEER considers the work substantia1ly complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of substantial completion which shall fix the date of substantial completion. There sha1l be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shaIl have seven days after receipt of the tentative certificate during which he may make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the work is not substantia1ly complete, ENGINEER wi1l, within fourteen days after submission of the tentative certificate to OWNER, notify CONTRACTOR in writing stating his reasons therefor. If, after consideration of OWNER'S objections, ENGINEER considers the work substantia1ly complete, ENGINEER will, within said fourteen days, execute and deliver to OWNER and CONTRACTOR a definitive certificate of substantial completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as he believes justified after consideration of any objections from OWNER. At the time of delivery of tentative certificate of substantial completion, ENGINEER wi1l deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, uti lities, CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to his issuing the definitive certificate of substantial completion, ENGINEER'S aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14,9 OWNER sha1l have the right to exclude CONTRACTOR from the work after the date of subs~antial completion, but OWNER sha1l a1low CONTRACTOR reasonable access to complete or correct items on the tentative list. General Conditions Page 26 PARTIAL UTILIZATION: 14.10 Use by OWNER of completed portions of the work may be accomplished prior to substantial completion of all the work subject to the following: 14.10.1 OWNER, at any time, may request CONTRACTOR in writing to permit OWNER to use any part of the work which OWNER believes to be substantially complete and which may be so used without significant interference with construction of the other parts of the work. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and ENGINEER that said part of the work is substantially complete, and request ENGINEER to issue a certificate of substantial completion for that part of the work. Within a reasonable time thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the work to determine its status of completion. If ENGINEER considers that part of the work to be substantially complete, ENGINEER will execute, and deliver to OWNER and CONTRACTOR, a certificate to that effect, fixing the date of substantial completion as to that part ofthe work, attaching thereto a tentative list of items to be completed or corrected before final payment. Prior to issuing a certificate of substantial completion as to part of the work, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, and insurance for that part of the work which shall become binding upon OWNER and CONTRACTOR at the time of issuing the definitive certificate of substantial completion as to that part of the work, unless OWNER and CONTRACTOR shall have otherwise agreed in writing. OWNER shall have the right to exclude CONTRACTOR from any part of the work which ENGINEER has so certified to be substantially complete, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14. 10.2 In lieu of the issuance of a certificate of substantial completion as to part of the work, OWNER may take over operation of a facility constituting part of the work, whether or not it is substantially complete, if such facility is functionally and separately usable; provided that prior to any such takeover, OWNER and CONTRACTOR have agreed as to the division of responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, correction period, heat, utilities, and insurance with respect to such facility, 14. 10.3 No occupancy of part of the work, or taking over of operations of a facility will be accomplished before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shal1 not be cancelled or permitted to lapse on at':CO!l!'lt or FINAL INSPECTION: 14_11 Upon written notice from CONTRACTOR that the work is complete, ENGINEER will make a final tnspection with OWNER and CONTRACTOR, and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the work is incomplete or defective. Ge neral Conditions Page 27 FI1"IAL APPLICA nON FOR PAYMENT: 14.12 After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER, and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked-up record documents, and other documents, all as required by the contract documents, and after ENGINEER has indicated that the work is acceptable (subject to the provisions of paragraph 14,14), CONTRACTOR may make application for final payment following the procedure for progress payments. The final application for payment shall be accompanied by all documentation called for in the contract documents, and such other data and schedules as ENGINEER may reasonably require, together with complete and legally effective releases or waivers (satisfactory to OWNER) of all liens arising out of, or filed in connection with the work. In lieu thereof, and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CONTRACTOR that the releases and receipts include all labor, services, material, and equipment for which lien could be filed, and that all payrolls, material, and equipment bills, and other indebtedness connected with the work, for which OWNER or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any subcontractor, manufacturer, fabricator, supplier, or distributor fails to furnish a release or receipt in full, CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnifY OWNER against any lien, FINAL PAYMENT AND ACCEPTANCE: 14.13 If, on the basis of ENGINEER'S observation of the work during construction and final inspection, and ENGINEER'S review of the final application for payment and accompanying documentation, all as required by contract documents, ENGINEER is satisfied that the work has been completed and CONTRACTOR has fulfilled all of his obligations under the contract documents, ENGINEER will, within ten days after receipt of the final application for payment, indicate in writing his recommendation of payment, and present the application to OWNER for payment. Thereupon, ENGINEER will give written notice to OWNER and CONTRACTOR that the work is acceptable subject to the provisions of paragraph 14.15, Otherwise, ENGINEER will return the application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections, and resubmit the application. If the application and accompanying documentation are appropriate as to form and substance, OWNER shall, within thirty days after receipt thereof, pay CONTRACTOR the amount recommended by ENGINEER. CONTRACTOR'S CONTINUING OBLIGATION: 14.14 CONTRACTOR'S obligation to perform and complete the work in accordance with the contract documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER" nor the issuance ofa certificate of substantial completion, nor any payment by O\VNER to CONTRACTOR eontfact nor use or work or any part thereof by OWNER, nor any act of acceptance by OW'NER, nor any failure to do so. nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14,13, nor any correction of defective work by OWNER shall constitute an acceptance of work not in the COrttt'act ciocurnents or a release of CONTRACTOR'S obligation to perform the work in accordance with the contract documents, WAIVER OF CLAIMS: General Conditions Page 28 14.15,1 a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled liens, from defective work appearing after final inspection pursuant to paragraph 14,11, or from failure to comply with the contract documents or the terms of any special guarnatees specified therein; however, it shall not constitute a waiver by OWNER of any rights in respect of CONTRACTOR'S continuing obligations under the contract documents; and 14.15.2 a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. AR TICLE 15 - SUSPENSION OF WORK AND TERMINA nON OWNER MAY SUSPEND WORK: 15,1 OWNER may, at any time and without cause, suspend the work, or any portion thereof, for a period of not more than ninety days, by notice in writing to CONTRACTOR and ENGINEER which shall fix the date on which work shall be resumed. CONTRACTOR shall resume the work on the date so fixed. CONTRACTOR may, at the OWNER'S sole discretion, be allowed an increase in the contract price, or an extension of the contract time, or both, directly attributable to any suspension, if he makes a claim therefor as provided in Articles 11 and 12, 15.2 Upon the occurrence of anyone or more of the following events: 15,2.1 if CONTRACTOR is adjudged bankrupt or insolvent, 15.2.2 if CONTRACTOR makes a general assignment for the benefit of creditors, 15.2.3 if a trustee or receiver is appointed for CONTRACTOR or for any of CONTRACTOR'S property , 15.2.4 if CONTRACTOR files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, 15.2.5 if CONTRACTOR repeatedly fails to supply sufficient skilled workmen, or suitable materials or equipment, 15.2.6 if CONTRACTOR repeatedly fails to make prompt payments to subcontractors, or for labor, materials, or equipment, 15.2,7 if CONTR1\CfOR disregards laws, ordinances, rules, n.~gulations, or orders of any publ ic btJdy 15.2.8 if CONTRACTOR disregards the authority of ENGINEER, or 15,2.9 ifCO!%~TRACTOR otherwise violates, in any substantial way, any provisions of the contract documents, OWNER may, after giving CONTRACTOR and his surety seven days written notice, terminate th~;~.~;~~i~es;2~;S()tn&,\S18~'/~)($I~~~JS;8~r&'\iS18~;i~~;~t~~;~ii~~.:. a~d; t~,K,~;,R2sse,s~ion. of ~..,/..'~;', ,,;~l th{work ana ofalrCON~cT61tfs 'tool~,'3.pplianc~~:; cons1rnctioric'quipmerit;<artd rru1:chincry' at the site, and use the same to the full extent they could be used by CONTRACTOR (without General Conditions Page 29 liability to CONTRACTOR for trespass or conversion), incorporate in the work aH materials and equipment stored at the site, or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the work is finished, If the unpaid balance of the contract price exceeds the direct and indirect costs of completing the work, including compensation for additional professional services, such excess shaH be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER, Such costs incurred by OWNER shall be verified by ENGINEER and incorporated in a change order, but in finishing the work, OWNER shall not be required to obtain the lowest figure for the work performed. 15.3 Where CONTRACTOR'S services have been so terminated by OWNER, the termination shall not affect any rights of OWNER against CONTRACTOR then existing, or which may thereafter accrue. Any retention or payment of monies due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4 Upon seven days written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy, elect to abandon the work and terminate the agreement. In such case, CONTRACTOR shall be paid for all work executed and expenses sustained through the date of termination. CONTRACTOR MAY STOP WORK OR TERMINATE: 15.5 If, through no act or fault of CONTRACTOR, the work is suspended for a period of more than ninety days by OWNER, or under an order of court or other public authority, or ENGINEER fails to act on any application for payment within thirty days after it is submitted, or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, terminate the agreement and recover from OWNER payment for all work executed through the date of termination. AR TICLE 16 - MISCELLANEOUS GIVING NOTICE: 16.1 Whenever any provision of the contract documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual, or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. COMPUTA nON OF TIME: 16.2 When any period 0f time is referred to in the contract documents by days, it shall be calendar days and be computed to exclude the first and include the last day of such period. If the last day of illliY such period falls on a Saturday or Sunday, 01 on a day made a legal hol by the law of the applicable jurisdiction, such day shaH be omitted from the computation, GENERAL: any error, omission or act of the other party or of any of the other party's employees or agents, or General Conditions Page 30 others for whose acts the other party is legally liable, claim shall be made in writing to the other party within a reasonable time of the first observances of such injury or damage. 16.4 The duties and obligations imposed by these general conditions and the rights and remedies available hereunder to the parties hereto, and, in particular, but without limitation, the warranties, guarantees, and obligations imposed upon CONTRACTOR by paragraphs 6,30, 13.1, 13.11, 13.14,14.3, and 15,2, and all of the rights and remedies available to OWNER and ENGINEER thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guarantee, or by other provisions of this paragraph shall be as effective as if repeated specifically in the contract documents in connection with each particular duty, obligations, right and remedy to which they apply, All representations, warranties, and guarantees made in the contract documents shall survive final payment and termination or completion of this agreement. General Conditions Page 31 INDEX TO GENERAL CONDITIONS ARTICLE OR PARAGRAPH Ac cess to the work........,........,.......,..,.........,....,.........",......,.............,........,....,.,...,....,........,..........,......,.. 13.2 Ad denda, definition of (see Specifications)..... '...........",............ ,.....' ..,.. ,.............. ..,......... ....,..,......'"..... ,.... 1 Agreement, definition of.....,.".,...,.,.,...,...,.,.....,."......"....".."....."."."...",...,.....,.."....."..,.,.,.,.,."..,.,."."..... . 1 Ap plication for Payment, definition of.... ..........,.. ..,............ ....... ....,............ '....." ............., ....... .............. ,..,.. 1 Application for Payment, Final................................,.........................................................................,...14,12 Application for Progress Payment... ...... ..,....... ,. .........,..... ......... ,.......................... '''''' ...... .......... ...... ....... 14.2 Application for Progress Payment, review of... ............. ........................, ....... ................... ..........,.... 14.4-14.7 A vailability of Lands........... ,........ '.................... ...............,..........','.......... ........ ........... ..... ........ .................. 4.1 A ward, Notice of, defined... .......................... ..'... ........ .....,.... ........ ........... ............ ........... ......... '......... ,... ,...... 1 Before Starting Construction"..""..,..."........".,.......,...,....,....,...,.,.....,...,..,...,................,..,.,....,..,..,...... 2,5-2.7 Bid, definition of,.,.,...",..,.........,....,...,.,...,.,.,...................,......."...............,..,...,........,..........,..........,. ..........., 1 Bonds and Insurance, in General".. ......... ....' ........................ ....... ...... ...... ,..... ....... ....... ................ ...... ..........,5 Bonds, definition of........,.................... .....,.... .............. .............,.,,'..... ..........,.............................,...... .........'.. 1 Bonds, delivery of............. .., ...................,....... ....................................,............................................2.1 & 5.1 Bonds, Performance and Other .....................,.....................................,............................................ 5.1 & 5.2 Cash Allowances........ ..,.. ........ .,. .............. .................................. ...................... .................... ....... ,........., 11,11 Change Order, definition of.................................. .......,..,.. ......... .................... ....... """'" ........ ............... ......, 1 Changes in the Work................................................................................................................................... 10 Claims, Waiver of - on Final Payment.................................................................................................. 14.15 Clarifications and Interpretations.........,....,.......,.,.........,....,...............",..."............,............",..,.,............... 9.3 Cleaning.. ................... ...... '......... .............. ..................... ......... .......... ........... ......... ............ ............. ...... .....6,18 Completion,..,.,.,...........,.....,.,."..,.,.........,.....,...,....,.......,........,....,..,..,.....,.,..,.....,........,.., .,......,...,......,...,.... 14 Completion, Substantial............ ,..,. ......... ............... ....... ....,... ,... .......... ,................... ,.... ....... ..,...... 14.8 & 14,9 Conference, Pre-Construction..,..".....,.,..,.......,.,.,..,.....,..,..,.........,.,.".".......,.,.....,...........................,.,... .... 2,8 Construction Machinery, Equipment, Etc, .......',.. ........ ........ ........ ...... ,........ ...... ...................... ..... ........ ...... 6.5 Con tinuing Work............,..""....,.,..,...........,.....,...,..."...........,...,.,....,..".".".....,.,.,.,..,.".,..,.,.,.""" ,.,...,..., 6.3 0 Contract Documents, defin ition of....,......................,...........................,.....................,.................................. I Contract Documents, Intent and Reuse ,.........................'.....,......,'.................,...............,...'....,......,.....,........ 3 Contract Documents, Reuse of......................................................,.................,.......................................... 3.5 Contract Price, Change of,................,.... ............. ..'..........................,.....,................ ........... ............ ,.. .......... 11 Contract Price, definition of....... .............................. ............ .....,.... ..,............................. '... ....,.. ....,.. '... ,... ,.... 1 Contract Time, Change of.,............,....... ....... ,.."............... ........... '.. .............. ,.. '..,.........,......, ....... ..,.... ...,.... 12 Contract Time, Commencement of,. ..............,. '.......... ....... ......... ,,,.. ........" ,.... '....,...." '......... '....... ,..........,,2.3 Contract Tifne, definition of......,............ ,....,............ .................... ...., ..... '......,........,. ,....,...... ,....,.. ..,...... ,....... 1 . . . " .' ,."." .' . . .'. . ". ~i.i<~ . '" ,... ';"'~'" ~"". . . . . . . . . . . . . . " . . ~ . . . . . . . . . ~ . . '-'. < . . . . . . ~ . ~ . . . . . . . . . ~". . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . Contractor May Stop Work or Terminate ,..........,...........'........'..,............,....,...........'............,..,......'....... 15.5 Contractor's Continuing Obi igation............... ,..'....'..,....... ..... ,.... ,.....',....,..,.... ......,.......... ....,............,.... 14,14 Contractor's Duty to Report Discrepancy in Documents......,......,...............,....,.......,..,..,...,............ 2.5 & 3.2 Contractor's Fee, Costs Plus .,.".,..,.."...".,.,..,...."...".,...'........,.......,.,...,...."."",..'",...,..'......,.......,....'".., 11,7 Contractor's Liability Insurance,..,..,.."""",.........,."",....,.. ,...,.....' '.."..,.. ,..""..,.......,....,....,....,..",..,........,5.3 Contractor's Responsibilities, in General,.. ..... ........ ..'.." ........... ,.............." ....." ......... ............ '.. ........ ,....... '.. 6 Contractor's Warranty of Title... ........................,................ .......... ..,..,...........................' ,.....,.......,..,......, 14,3 .................... '"'''''' ...... ...,....,...............'.. "....... ............' ........ 13,11 Correction Period, Two year............................,................................... ..............,.........,........................ 13.12 General Conditions Page 32 Correction, Removal or Acceptance of Defective Work, in Genera\..............,................,..,........13.11-13,14 Co st of Work............................................................................................,.........................,......,.. 11.5 & 11.6 Co sts, Supplemental,...,... .............. ..........,................... ..... ............... '.. .........., ......... ..........................,.... 11.5.4 Day, definition of ,." ,."........ ,...... ,... ..,. ,.,.,. .,....., ,.. ,.".." '......, "..,........ ...,., ,... '. ,... ,. '.,.. .......... ." ..,.',.,.,. ..., ,.. ,. ,'.', 1 De fective Work, Acceptance of......,..,..,................. ............."...... ................ ...., ..... ............. ,.......... ........ 13.13 Defective Work, Correction or Removal of......................................................................................,.... 13 ,11 De fective, definition of.....................................,.............................,....................,........................................ 1 De fective Work, in General...,...............,..........,...............,........,................................................................ 13 Defective Work, Rejection.... .................... ......." ....................... ............,...,....'... ........ .............................'.. 9,4 De :tinitions.""."",....,...,...""....,...."".........,...,..,.,..",.,..."...."...,..,........",.,.,....,......."...,. ".....".',...,.,..,..,,'.,.', 1 De I ivery of Bonds,............", .........,.... ..,..........,...............,. ...... ............................,......... .......... ............ ....... 2.1 Disagreements, Decisions by Engineer ........,., .".,..........,......."....... ,....,.., ....., ...... ...................................... 9.9 Documents, Copies of...... .......... .........'.... ....................,..... ............... ..................... ........ ..... ....... .......... .....,2.2 Documents, Record ,., ,..". ,..,. ,... ... '. .,...".., '..,...'..,...,.. ,'.", ,.. '..., ,...... ... ,. .,.....,...,.." ........ .,.,.... '.. ,... ,. .,.,. ... ,. ,.,6,20 Documents, Reuse..,............,....,.,.,..,.,...."...,............,...,.,.....,.............,......,.,."......,......,.....,...,....... .........'.. 3.5 Drawings, definition of............. ................. .................". ......... ............ ........,....... ...............'...... ....'......... .....' 1 Effective Date of Agreement, definition of.,.........,.............."......,.........,....,.,.........,.,.........""........,...........,. 1 Em ergencies .."........".,..,........,.".........,.",...".,......,..,...,..................,.........,.........,..............,...,....,. ........... 6.23 Engineer, definition of .............. ..... ......',...................... ..... ...... ......... ....................... ................... .......... ......... I Engineer's Notice Work is acceptable................................................................. ..............................,..... 14.4 Engineer's Responsibilities, Limitations on..................................................................................... 9.10-9.13 Engineer's Status During Construction, in General...................................................................................... 9 Engineer's Recommendation of PaymenL......... ............................................. .......................... 14.4 & 14.13 Equipment, Labor, and Materials ....".. ............... ...... ....... ......... ............................. ...... .......... ...............6.3-6.6 Equivalent Materials and Equipment,...... ........... ........ ..... ............. ..... ............. .......'.... ........... ....................6.7 Fee, Contractors, Costs Plus..........,.... ............ ............ ...... ........ ......... .............. .................. ......... .............. 11.7 Field Order, definition of,............ ....... ........ ..... ......... .....,.... ..............,. .................... ............. ................. ........ 1 Fie Id Order, Issued by Engineer............................................................................................................... 10.2 Final Application for Payment,...... ................. ..............' ..... ........... .........,................. ........... ...... ............ 14.12 Final Inspection .......... ........................ .............. .................' ............ ...... ........,................ ....... .................. 14.11 Final Payment, Recommendation of........ .......................... ............ ..'............. .......................... 14.12 & 14.13 Final Payment, Acceptance.......,... ................ ............ .... ........ .....'........ ..............,..'...,............ ...............,. 14,13 General Requirements, definition of............... ....,......... .............. ..............,.. ............,........................... .... ..... 1 General Provisions ..............................................,.............................,......."........,......,.,.,............. 16,3 & 16.4 Giving Notice.....,.., ................,..........,.................."...... ...............,.... .......,.,.... ,.. ... ,.,. ......... .......... ............, 16.1 Guarantee of Work, by Contractor............ ..................................... ...........,.................................... .......... 13.1 Indelunificatinn ....,.....,...........,.,. .' . ,........... ...,..,..,...... ...,..........',.. .........."..... ,.....,... .... ......,..".... n... 6.31 Inspection, Final,.........",....,...,.........".,.,......",........."",...............".....,......"....".".......",.............,......... 14.1 I Inspection, Tests and..,...............,....,....... '......................'....,..,..,.........,..,...........,..,.... .....,..,.......... ,.. 13.3-13,7 Insurance, Bonds and, in General ...........................................................,..............,......................,............. ,5 Insurance, Builders ",'.........,'...,."....,...',..,..".."",.".,.....,..'..".",.",...'.,....'.,.."",.......",..,....""",........ 5.6 Insurance, Certificates of ...""'....""..,......".."..,..'..",..,.....""..,......"..,,,.,......,.."...,.."""....,............. 2,7 & 5,7 Insurance, Contractor's Liability ..,.. .......",..".........'..,.... ..."...., ....,'............, ....,........,.... ,........ ......' ............ 5.3 Insurance, Owner's Liabi lity.....,.... ..........', ................,.."....,.....................,...",.., '...'......... ,.........".. .....,..... 5.8 Intent of Contract ~.9~~,1 "...,......,.,.',.,.,...,..'.....,'......,.,.,.,..,.,."....,..,.'.,....",....,.,'.,.'..,..,..,.'",,'...,.,.9.3 Investigations of Physical Conditions,.....,......,..,."..................................,................................................, 4.2 General Conditions Page 3 3 Labor, Materials and Equipment '.., H H.... " H' H H.... H' H' H' H..... '..., ,...........,.,.... ,. H H' ,.. ...,.. ,.. ..,. ,. ..,....., ,...... 6.3-6. 7 Laws and Regulations ,... .....,...,.. .... .., '.... ", ..... .......,...,......, ,....., .......,.....". '.'., ,.......,... H'" ,....' .... .".. ....,.. ....6,15 Liability Insurance, Contractor's ,., ...,...,.,..., ,. ,.... ,.... ,...'.. ,... ......., ..,............. ,...,.. H .............. ......., ..,.......H.. ,.5.3 Liability Insurance, Owner's.."..........,.,."....,..,.,...,."".......,........"...".".,..".....,.,.",.,.......".,.....,...,...".....,. 5.8 Limitations on Engineer's Responsibilities.....,....,..,....... ..., H...... H'''''' ..... ... ...., H'.. HHH' HH". H H ......HH...H.. 9.10 Materials and Equipment, Furnished by Contractor ............... ............H H" H ........... ......H........ H....HH.H....... 6.3 Materials or Equipment, Equivalent.. ........ H H' "H' H' H.... H H'" H H' HH H.... H" H..'.... H", ......, ........,.. H....HH...H H'" 6,8 Miscellaneous Provisions..,.,....., .... ."..",. '. ,.. .,.., ,..... ,....,..,. .,..,.. .., ",.... ..,. H ,...... ... ,.. ...", ,.,..,. ,. .."..... ... '. ,.. ,...., 16 Modifications, definition of H'" H"'''''''' H...... H' H H................................. H H H' H.....................................,.......... 1 Notice, Giving of....,... .."...,.. ........... ...... ...............,...... ....... .......... H..... H'"'''''' "H",,'"'''''''''' H"" .............., 16.1 Notice of A ward, definition of ......., .............,... H H' H, H"'H' H........ H H.....H......... ............ H"'"'' H H" "H"'H"'HH 'H' 1 Notice of Acceptabi I ity of Project...... H' H.......... H....................... H H"," H...............,........... H" H",,,' H........ 14.13 Notice to Proceed, definition of................ .....'............ ..... ............ .................. ............ ............... H" ..............., 1 Notice to Proceed, Giving of.................. ..................... ..... .............. .....H......... ........................... ......... ........2.3 "Or-Equal" Items ..,.. ............. ......,................................................ .................. ............ ......... ...... ......,... .......6.8 Other Contractors H'"'',''''''' .......................... ......................................... ,........ ........................... ......... ...........7 Overtime Work, Prohibition of......................................,.........., .......".........,.... ............ ........ .........., ..........6.3 Owner, definition of.........,.... ............ H........... ..... ......................... .................. .......... "H' ...... ......,..,.., ....... ...... 1 Owner May Correct Defective Work....................... ......... ......... '........ ............... ...... ..... ............. ............ 13.14 Owner May Stop Work,...................,..,............. H..........., H.... ",,"'H,,'" ........."............... ..........,.. ............ 13,10 Owner May Suspend Work, Terminate...... .........,............ ............... .........' ............................ ..........15.1-15.4 Owner's Duty to Execute Change Orders .............................................................................................. 11.10 Owner's Liability Insurance,...... "........ ,...... ... ,..,. ,.. ,. ........, ,..,'. ,.... .....' ...,.,...., ,.... ... ... ,. ,. .... ....,...... ,...,... ,..,... 5.8 Owner's Representative, Engineer to Serve as ...........................................................................,..............9.1 Owner's Responsibilities, in General.......... ... ,..,.... ,..,.... ,. .,..... .., ........ .... .,.... ,......,. .,. .... ...................,......,......8 Owner's Separate Representatives at Site........... ............. ......... ..................... .......... ............... ..... ..............9.8 Partial Utilization................. ..,......... .......,..,..,.... ....................... ......... .....,............,... ........... ............,.. .... 14.10 Partial Util ization, Property Insurance.................................................... ....................................... ..... 14.10.3 Patent Fees and Royalties......,...... .................... .......................................,. ........ ...... """ .......... ........... ..,...6.13 Payments to Contractor, in General..... ,........ ..... .........,.....,....... ......... ,....,..... ............,...............,........... ...... 14 Payment, Recommendation of........ ........ ........ ..... ........ .............. ....... ..... .......... ...... ......... .............. 14.4-14.7,6 Performance and Other Bonds.,..................,..,.. ........................,.................................. ..........,.. ...........5,1-5.2 Permits.......................................................,....................,..................................................... H......'.......... 6.14 Physical Conditions, Investigations and Reports ....., ....,.............,.. ........ ........... H" ....,..... ......... ............. .....4.2 Physical Conditions, Unforeseen ......'............. ...................., ................ ..............", ..... H" H""" ......... H" ....... 4.3 Pre-Construction Confen~nce. H..'... H"........,..,... H.....'.. H.... .........., H' H'"'''H''' H H'...' H"'" H'" "H"" H'"'''''' H'''' 2.8 Preliminary '1 .....".. ~"" ....,.....>> ."'~'''''''.. .,.,...."',.. ,.... w.."'."'.... ~. ''''_'''' ~~... ~~.......,.... "....".,., ,.:. ..".,... ,... 'if;", Prem ises, Uses of...".",..,.... H H"'...' H' H H' H' H H..." H.'.. H' H H"..'.. H' H"" H" H" H'..'..",..., H.'.'. H H' H' H H, HH" 6,17 -6,19 Price, Change of Contract H'......'...... "".."...."H".."H""'''H''...H..''''.''.''H''''.''....H'..........''HH'''''...H''''..,..... II Price, Contract, definition of""...,..""""....,,,,,, H"....."........, H" H" H..".. H' H..'.."'..,. H "." H H' HH" H'"'''' H"'H""" 1 Progress t'ayment, Applications Jor """'.",,., ,.'.".HH' "'"H'H"""'" ,"...., 'H HH".'.'''H'''.H''''.H'''..'H..''''.H'.'H 14.2 Progress Schedule H' "..""..'H""'H"'.H"""""..,.'""",,'..'....'HH......'..'H......H.."'...H."'H"...'........'..H" 2,6 & 14.1 Project, definition of..... "H'"",,, .....,..,..'.....,.. '...... H' H'" ......,. H'....' H" H" H" ,.H,. H' 'H......'. H" H'"'' HH HH"'.. H'" H'" 1 Project Representative, Resident, definition of..... ..... ,....,.."....,..,.....,'...........,.... H'......"'....... .....,,,..., ........... 1 Provision for Protection, Safety and..................,........................................,....,........ H..........,................................ 6.21-6.22 General Conditions Page 34 Recommendation of Payment...... ..,...... ,,,... .."... .....,...., '........ ..........,.... ...... ........... ......... ,.....,.." 14.4 & 14.13 Record Documents... ...,... ..... ,."...... ....... ,......, '........ ,...,..,.... .... ....... '.,.,..' '. .."... ...., .... '..... ...., ,.......... ......... ,.6,20 Reference Points .". ..., ,..,.. ,.... ,... ,... " '.... ,... ...,. '.. '....... ........ ....".,. ..,...... .".. ...,...... " '....... '.. ,... ,......".. ...".... ,..,4,4 Regulations, Laws and, ,. ,....., ..,..... " ......,..... ............. ,.,... ............ ...... '....... .....,............... ............. ,...........,.6.15 Rejecting Defective Work.......,.... ..,........ ,......",... ....., '............,'.......... ........." ....... ,... ,... .,. ....... .,. ,. ,..... ,... ,..,9,4 Removal or Correction of Defective Work '....... ..."... ......... ,...... .,.... ......... ..,...,..... ........... ,......... ............ 13,11 Resident Project Representative, definition of... .... ,.,. ,.. ,.....,.." ,. ."... ............. ..,.... ..... ,.... ....... ..... ......... ,....,.... 1 Resident Project Representative, Provision for.. ......... ,.....,.... ,.... '......... ................. ......,.... ..,....' ........... .....,9,8 Responsibilities, Contractor's ., ..........,.. ,..... ...... ,....., '.... ,....,. ,....., ,...., ,... ,... ,... .., .............. ... .......', ...... ,....,.., .... 6 Responsibilities, Owner's. ... ,..... ...........,...... "... ....... '............... ,., '....., ,.... ...,.. ..,......... ... ,.. ,.".. '..', '...... ,. .......... 8 Reuse of Documents.,... ......,....." ,..".. ....,. '...... ..,... ,...... ....."",..... '. ..... ",.. .....,. ..... ...... .......... ...,.,. ,... ,.... ,......3.5 Royalties, Patent Fees and.... ....... ,. " ,. ......,..... ..... ....... '.. .......... ....... '..., " '.. .......... " ,... '....... ,. ,... ... ,. '.....' ,. ...., 6.13 Safety and Protection.. '..... ,. '. ."" ,..... ,........ ,............... '......... " ,. ,.. ,,,.., ,. ...... ,...... ,.., ......... ,.... ..... ,. ,..... ,. 6.21-6.22 Samp les .,."., ,.....,.,."".,'.......,.....".,...,.....,.."....,....,..,.....,.".".'.,..,.'.."..""."...,.,....,...,."......,..,..,. ,...,..,....., 6.24 Schedules of Shop Drawing Submissions.......................,.....,....,...........,......,....,...,...,...............,...2.6 & 14,1 Schedule of Values.... ... ,............ ............. ""'" '... ......... .....,..... ,.... ,....... ....,... ,,, ,. ......... .............. ,.,..... 2.6 & 14.1 Shop Drawings and Samples.. ... ,... .... ,..." ,... ....... ,. .,....... ,.,..... ..,.. ,..... ,. ."". ...., ,. ...... ........ ......... '. ,..... '. 6.24-6.29 Shop Drawings, definition of ,." .... .... ,. ...... ,... '..,.., ... .... ......" ....... '....... ....,.. ,.., '.... ,.. ........ .... ..... ,.."... ,. ,...... " .... 1 Site, Visits to by Engineer.., ,. ,.... ,.,., ...... ,..... ...., ,.......... ....".,. ,..... ,....... .,.. '. ...', ........ ........ ,.......... ,... ,... ..,.... ...9,2 Specifications, definition of..... .... ,.,. ,.,.,., ....... ,. ...,. '..... ....... ........ ,....,.. ........... ,....". .... ,. ........ ..... " ,. ,..., '........... 1 Starting Construction, Before,.."..,.,........,.,..,.,....,...."..,..".,................,."..,..,......,.....,...,........,..."......,. 2. 5-2.8 Starting the Project...,... ,. ....,... " ,... .... ....,. ,..... '... .,. '..." '.. ,...., '. ,.... ......... ".. ,.. ,........ '.. ,...,... ,... '..... ......... ,...... ,..2,4 Stopping Work, by Contractor ......... ......,. ,..... ..,.,..... ....,..... ,......,..... ......, ,.. ,..,.. ...... '. ............ ,............ ,....... 15.5 Stopping Work, by Owner ..., .., ..., ...,., ,. '. '. ,... ......... ..,... ....... .....,..,.... ,.. ....,., ,........ ,.,.., ........... ,..... ,..... ,...... 13.10 Subcontractor, definition of ., ... .............. ,...,... ..... ..". ...., ,... ...... ,....... ,..., ,... .......... ,., ,.. ,... .....' ....... ,. ,. ,.." ........... 1 Subcontractors, in General... ..... ,....,,,... ,. ,..... ,. ,.. ,. ,. .......,,,.. .... ,..... " ..,. ... '...,... ,.... ....... ,..... ...... ......... ,..,.6.9-6.12 Substantial Completion, Certification of.. ......... ,. '. ............ '........... ,...... ..,..... '.....' ..... ,....... " '. .... ......... ....... 14.8 Substantial Completion, definition of ..,. ........... ,... ...,...... '. ..,...... ......... .............. ,. ...,..... ,..... ,. ,... ........ ....... ...... 1 Subsurface Conditions ... ..,..... ........... ..... ......., ... ,... '......,.. ,. ......... ...... ... .......... .... ,.... '.. ,...... ,..... ,......... 4,2 & 4.3 Supplemental Costs. .,.......' .,. ....,...... ,. ,. ". ....., ...., " '. ...... '... ,. ,........ ..,.,. .,....... .....,....... ....,..,. .... '. ..,. ..,.... " ... 11.5,4 Surety, Consent to Payment..................................................................................................... 14.12 & 14.14 Surety, Notice of Changes......, ............... ........................., ............... ......... .................. ...... ........ ......... ....... 10.5 Surety, Qualification of...... .............................. ..............' .......... ,..... ................... ..............................5.1 & 5,2 Suspending Work, by Owner. .............,.........................', .................. ................ ..... .............. ............ ........ 15.1 Suspension of Work and Termination, in General.... ..... ............ ........................... ...................... ....... ......... 15 Superintendent, Contractor's.,..........,...."..,...,.,.,...,.......,.......,...,..,.,.........,."......,.,.,.,....,...".....,."............ .. 6.2 Supervision and Superintendence .........................,......................................................,................... 6,1 & 6.2 Taxes, Payment by Contractor............ ............."... ....... ..'...... ,...... ....... .....,.......,...................... ,..,.. ........... 6.16 Term ination, by Contractor. ........ ,....' .....'H. ......,... ,,, ....... .........,.. ,.,.. ..., ....... ,................ ,............ '......,. ".".. 15.5 Termination, by Owner .......... ............. ................... ......... ...............,.. .............. ........ ....... .................. I 5,1-15.4 Termination, Suspension of Work and, in GeneraL........,. .........,....................,....,........................,.....,...15 Tests and Inspections ....................,............................... .........,.... ....,.......,...... .........,..,.... ,.......... ...... 13.3-13.7 Time, Change Contract..,..,.".."...""..,...,..".........",..,.."..",.,....,.""".."...,.,.""".......,......"..........""....", 12 Time, Computation of.....",....,..,...""..,....",..",..,.....",.. ....,...."........",....,..,... ,......,.......",.....,,'.........,...,.. 16.2 Time, Contract, definition of...,........ ...............',.. ......., ...... .... .........'..', ....,.....' ........................,'..',....., ........." 1 Unit Prices, Adjustment of............,......................................................................................................., 11.10 General Conditions Page 35 Use of Premises............ ,. ....... ,."...... '.... ,.'.. ,.. ...... ,.." ...,..... ,.......",.. ..'..... ............. ............. ,...... ..... ..,.. 6,17 -6,19 Val ues, Schedule of...... '....,....................,.. ........, ,...., '..,.... ,..",..",,'. ...... ......"....., ,..,......... ....,.. ..,.. ........ ...., 14,1 V is its to Site, by Engineer................... ..,...., ..,.. ,..... ...........',... ,.., .............. '..........'... ,.. ,,, ...... ....... ........ ..,..... 9.2 Warranty and Guarantee, by Contractor. ..'........ ..'......, .............,...... ....,....... ...... ..... ....,.. '.... ....... ..,..,.. ...... 13,1 Warranty of Title, Contractor's. ...... '......".... ........'...... .........",.,.... ..,....' ......,..,......,.. ,......,............., ..,......, 14.3 Wark, Access to ....... ................ .......... .......'... ,........,........... ,......',... .......... ..,.... ....... ............ ................ ...... 13.2 Wark by Others, in General,.... ..,..',....,................',.. .......... ....,..........................,...........................,..,.. ........., 7 Wa rk, Cost of.................................................................................................................,............. 11.5 & 11,6 Wark Continuing During Disputes ..... ..... ................ .... ................ ...................... ......... '................... ......... 6.30 Wark, definition of.................................,..... ........". ....., .........,..,......... .......,.............................,......, ....... ....., 1 Wark, Neglected by Contractor................... ............... ..........,..,..... ............ ................,..... ........................ 13.4 Wark, Stopping by Contractor....... ............. ,.............................,...... ......... .........., ........... ........... .............. 15.5 Wark, Stopping by Owner.........................................................................................,...................., 15.1-15.4 G:ICapital Projects (CPROJECT)IBerry CreeklRestroomslBid DocumentslGeneral Conditions.DOC General Conditions Page 36 ~ lLJ ! ; RECEIVF. ::) ; " , ')("OJ:: /. ~., . L.L- ;J ,.\,..,> I I SCALE 1" = 20' Ff,4". II I .' /"I'll L.l ,:~N I "I' " INSTALL OWNER FURNiSHED BIKE RACKS ASP '- 6'X6' CONCRETE PAD HAL T 3" CONCRETE/4" BASE WIDE SIDEWALK r EXIST CURB/GUTTER APPROX 5 LF, EXIS7!'! , SH[; I\C [XIS TINe 6' ' SIDEWALK ... ( T'f' . 6' WiDE SIDEWALK /-. . CONNECT, APPROX 5 LF, . . ;f \ CONCRETE PAD \ 175 SF . \ 3" CONC/4" BASE I \ Sk"q \J PLAYGROUND '\ ~ I, \ ,,~/ / , RESmi: "\i~ ' T'-?/,cr ,_ ,I::) 8EP~Y 'QE'"/ ... EGNAh~." !~_~ a.. ",,_ -.",,-,-''''-' .., __....." lIiiilIIIliiii..'" ~ _,_ '.- ,_. - ,,~\/' ' _n "'''''',._/, ."~.//,/iA_ .--- ~ , R E' ," t::' r" f:' 0 """,,~.." '. NOV u" 2005 FACILITIES MANAGEMENT FREEDOM PARK /BERRY CREEK RESTROOM FACILITY Project #0426.06 BERRY CREEKlMILLER MNCH TRACT C EDWARDS, COLOAADO PROJECT MANUAL .' /~ '-- ~. BID SET November I, 2005 . FREEDOM PARK RESTROOMS 0426.06 COPYRIGHT RESERVATION The drawings, specifications and other documents prepared by the Architect (Douglas Miller DeChant Architects;Shepherd Resources. Inc/AIA) for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided in writing, the Architect shall be deemed the sole and exclusive author of these documents and shall retain, without limitation, all common law, statutory and other reversed rights, including the copyright hereof. No person, whether having come rightly into possession hereof or otherNise, shall employ these documents on any other project, nor for additions to this Project nor for the completion of this Project by others, unless with the prior express written consent of the Architect and upon appropriate compensation to the Architect in an amount and kind satisfactory to the Architect, The Architect expressly claims all proprietary rights in the material which is issued in confidence for design and/or construction purposes of this Project as noted, These materials may not be copied, modified, nor employed in any way without the specific prior written consent and permission of the Architect, (c) 2005 Douglas Miller DeChant Architects;Shepherd Resources, Inc/AIA. all rights reserved. " . --_.- _._~-~ ,_._--"~-------~~-'--'-'-----~._-~---~~"'- DOUGLAS MillER DeCHANT ARCHITECTS I SHEPHERD RESOURCES INC / AlA FREEDOM PARK RESTROOf'1 FACIliTY' PROJECT #0426,06 PROJECT SPECIFICATION. November 1,2005 GENERAL INFORMATION 0,01 SOilS INFORMATION To be provided by the Owner. 0.02 OTHER INFORMATION A. Examination of Site and Documents. Explanation of Addenda. Rejection of Bids. Starting and Completion, Local Jurisdiction and Authority and General Conditions, These Items are not provided within this document. Contact the Owner if any information is required conceming these items, B, All contractors are responsible for maintaining the cleanliness of public/private roads surrounding the site. 0.03 ALLOWANCES A. None. DIVISION I - GENERAL CONSTRUCTION REQUIREMENTS 1.01 GENERAL INFORMATION A None, DIVISION 2 - SITEWORK Note: The specific location of the building on the site will be determined by the Owner, This information, together with utility locations, grading and drainage information and other pertinent site information is defined on a site plan created by others and fumished by the Owner, Contractor shall confirm foundation footing and stem wall depths with Architect. 2,01 EXCAVATION GENERAL NOTES A Provide site excavation and backfill services in accordance with the drawings and the procedures, guidelines and recommendations comained in tr,e soiis report. B. E))c.avator native anc Lim;ts of disturbance er JL _..Af' I DS(p.Pi "~JG A To be provided by the Owner. S, E..'<terior Signage: To be provided by the Owner, 2,03 SECURITY' FENCING . DOUGLAS MILLER DeCHANT ARCHITECTS 2 SHEPHERD RESOURCES INC / AlA FREEDOM PARK RESTROOM FACILITY PROJECT #0426.06 PROJECT SPECiFICATION, November I, 2005 A A 6' high chain-link security fence to be provided surrounding the construction site, DIVISION 3 - CONCRETE 3,01 S LAB-ON-GAADE A Refer to the structural drawings. 3,02 CONCRETE A. Refer to the structural drawings, DIVISION 4 - MASONRY 4,01 CONCRETE MASONRY UNITS A. Concrete masonry units shall be installed in sizes and patterns indicated on the drawings and shall be equal to "Trendstone" ground face masonry units, "Walnut Creek" color, as manufactured by Trenwyth Industries. Emigsville, PA. Install in compliance with manufacturers instructions and recommendations. B, Special shapes: Provide special block types where required for comers. joints. headers and other special conditions, whether or not indicated on the drawings, Use square-edged units at outside comers, All exposed faces. edges, tops. etc. shall be ground, C. Jdllt Reinforcing: Provide continuous horizontal joint reinforcing at 16" on center, D, Anchoring masonry: Provide masonry anchors at I 6" on center vertically and horizontally, At openings and ends of veneer, provide anchors on 8" centers, DIVISION 5 - METALS .- 5,01 Refer to the structural drawings for metal connection specifications, sizes. types, details, etc. DIVISION 6 - WOOD & PLASTICS 6.01 GE\IEt:IAL Qeter" to~0',e structural 'Noed, tirrber and truss ijetads, as to rreet code reqUirements and as necessarj to~,de(:;uately support all door frames, plumbing and bat'! fixtures. electrical devices, bath hardware and accessories and ether items that attach to the building framing, 6.03 TIMBERS All timber beam and column dimensions are actual and shall be supplied as such, Surface texture of exposed timber su.rfaces shall be rough-sawn. Refer to the structural drawings for connection details, . DOUGLAS MillER ARCHITECTS 3 SHEPHERD RESOURCES INC / AlA FREEDOM PARK RESTROOM FACILITY PROJECT #0426.06 PROJECT SPECIFICATION, November 1,2005 DIVISION 7 - THERMAL & MOISTURE PROTECTION 7.01 SHEET MEMBAANE WATERPROOFING For sloped roof surfaces, furnish and install full-coverage sheet membrane waterproofing, Product: Ice & Watershield by DuPont Corp" or approved alternate, 7.02 BITUMINOUS DAMPPROOFING Furnish and install cold applied asphalt bitumen damp proofing to all exterior, subgrade foundation wall surfaces, as needed for complete and proper installation, 7,03 BUILDING INSULATION & VAPOR BARRIER A Furnish and install insulation to continuously insulate the entire building envelope, B, Roof insulation shall be minimum R38 fiberglas batts, C. Exterior walls shall be minimum R-19 fiberglas batts, D, Polyethylene Vapor Barrier: The entire building envelope shall have a continuous vapor barrier on the warm side of the insulation, Vapor barrier shall be 6 mil carbonated polyethylene film. rated 0, I perms or less. 7,04 EXTERIOR FIBER CEMENT BOARD A Siding: Equal to James Hardi~ Siding Productll. Hardiplank Lap Siding, 8,15" wide. B, Comerboards: Equal to James Hardie Siding Products, Harditrim XLD, I" thick. C. Soffit: Equal to James Hardie Siding Products, Hardisoffit, Vented, 12" widths, D. Colors: Color to be determined, from standard color palette, .- E. Refer to drawings for siding and trim sizes, shapes, patterns and locations, 7.05 SLOPED ROOFING MATERIAL A. sloped roof shingles: to "Cakridge Pro 3C Series " as Owens. j;~<< '," , CJK eGor. .06 r:u~St-:U\JG <~ 5h'E::--V;ET/,L A Visible flashings to be paint-lac, medium bronze, Concealed flashings may be galvanized, Dissimilar flashing metals to be isolated from each other and shall not be permitted to contact, B, Furnish and install flashing and sheet metal not specifically described in other sections of these specifications but required to prevent water penetration through the exterior shell of the building and as needed for complete and proper installation, . --~- DOUGLAS MILLER DeCHANT ARCHITECTS 4 SHEPHERD RESOURCES INC I AlA FREEDOM PARK RESTROOM FACILITY PROJECT #0426.06 PROJECT SPECIFICATION, November 1,2005 7.07 SEALANTS & CAULKING A Caulking shall not be permitted in rooftngtflashing system, B, Equal to "Dow Corning 786", as manufactured by Dow Corning Corporation, 7,07 GUTTERS & DOWNSPOUTS A Furnish and install cold-rolled. half-round metal gutters and downspouts with Kynar or equivalent finish, color to be determined, Gutters shall be located at the entire lower roof perimeter, Downspouts shall be furnished where required for proper drainage; locations shall be coordinated with the Architect, DIVISION 8 - DOORS & WINDOWS SECTION 08100 - METAL DOORS & FRAMES PART I - GENERAL 1.01 DESCRIPTION OF WORK A This section includes commercial-quality steel doors and frames for doors and related openings, hollow metal panels, and louvers in these doors and frames, B, Related Sections: The: following sectkJns contain requirements that relate to this Section, I, Division 8 Section "Finish Hardware" for door hardware installed in doors and frames, 2, Division 8 Section 'Wood Doors" for solid-core wood doors installed in steel frames, .' 1 3, Division 9 Section "Painting" for field painting of doors and frames, 1.02 5L!BMITTALS A fr.9s1l,lctJd_a1g: Manufacturer's specifications for (",bricatv:m and data substantiating tlitat complY With requirements, it Provide d. SChedule doors and f:-ames "ame reference numbers for detailS and "r o..L.j these on the Centract Drawings, 1.03 QUAliTY ASSURANCE A Provide steel doors and frames manufactured in accordance with SDI-l 00 by a single firm specializing in the production of this type of work, . DOUGLAS MILLER DeCHANT ARCHITECTS 5 SHEPHERD RESOURCES INC / AlA FREEDOM PARK RESTROOM FACILITY PROJECT #0426.06 PROJECT SPECIFICATION, November I, 2005 8, Fire-Rated Door Assemblies: Units that comply with NFPA 80 and that are labeled and listed by UL or Factory Mutual (FM), 1.04 DELIVERY, STORAGE, AND HANDLING A Deliver doors and frames palleted, wrapped, and crated to provide protection during transit and job storage, 8, Inspect doors and frames upon delivery for damage, Minor damages may be repaired provided refinished items are equal in all respects to new work and acceptable to the SDR; otherwise, remove and replace damaged items as directed, C. Store doors and frames at the building site under cover, Place units on minimum 4-inch-high wood blocking, Avoid use of nonvented plastic or canvas shelters that could create a humidity chamber, If cardboard wrappers on doors become wet, remove cartons immediately, Provide 1/4-inch spaces between stacked doors to promote air circulation. PART 2 - PRODUCTS 2.01 MANUFACTURERS A Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated in the work include, but are not limited to, the following, I. Steel Doors and Frames a. Amweld Building Products Division b, Ceca, Inc, c, Curries Mfg., Inc. .' d, Elco Metal Products, Inc. e, Pioneer IndustrieslDivision of CORE Industries, Inc. f. Secunty Metal Products, Inc. g. ~)teejcraft inc. A" = JmmerCai carbon >;tee!, complying with ;lSTM ,'\366. B. Hot-Reiled Steel Sheets and Strips: Commercial quality carbon steel, pickled and oiled, complying with ASTM A569, free of scale, pitting. or surface defects, C. Galvanized Steel Sheets: Zinc-coated carbon steel sheets of commercial quality, complying with ASTM A 526 arId ASTM A525 with A60 or G60 coating designation, mill phosphatized, . ~ DOUGLAS MILLER DeCHANT ARCHITECTS 6 SHEPHERD RESOURCES INC I AlA FREEDOM PARK RESTROOM FAClU1Y PROJECT #0426,06 PROJECT SPECIFICATION, November 1,2005 D, Supports and Anchors: Fabricate of not less than 16-gage sheet metal. Galvanized after fabrication units to be built into exterior walls, complying with ASTM AIS3, Class 8, E, Inserts, Bolts, and Fasteners: Manufacturers standard units, except hot-dip galvanized items to be built into exterior walls, complying with ASTM A153, Class Cor 0 as applicable, F. Shop-Applied Paint: Rust-inhibitive primer, either air-drying or baking, suitable as base for specified finish paints on steel surfaces, 2.03 DOORS A General: Provide flush design doors, with louvers where indicated, 1-3/4 inches thick, seamless hollow construction, unless otherwise indicated. I. For single-acting swing doors. bevel strike edge 1/8 inch in 2 inches, For double-acting swing doors, round vertical edges with 2-118-inch radius, 2, Unless otherwise required for acoustical or thermal doors, provide filler of fiberboard, mineral-wool board, or other insulating material solidly packed full door height to fill voids between inner core reinforcing members, 3, Reinforce doors with rigid tubular frame where stiles and rails are less than 8 inches wide, Form tubular frame with 16-gage steel. welded to outer sheets. B. New Doors in Existing Frames: Coordinate door hinge/strike locations with existing frames, C Exterior Doors: Fabricate exterior doors of two outer, galvanized, stretcher-leveled steel sheets not less than 16 gage. Construct doors with smooth, ffush surfaces without visible joints or seams on exposed faces or stile edges, except around glazed or louvered panel inserts, Provide weep-hole openings in the bottom of doors to permit escape of entrapped moisture. .' I, Reinforce inside of doors with vertical galvanized sheet steel sections not less than 22 gage, Space vertical reinforcing 6 inches o.c, and extend full door height, Spot weld at not more than 5 inches o.c. to both face sheets, a, Continuous truss-form inner core of 28-gage ialvanized sheet steel reinforcing may be as inner reinforcement. in ,ieu of aoove. Spot well truss-form reinforcement 3 inches O.e. and () vcr cides. ~ Fabricate interior doors of two outer, cold-rolied, stretcner-ieveied steel sheets notess u. than 18 gage, Construct doors with smooth, flush surfaces, without visible joints or seams on exposed faces, except around glazed or louvered panel inserts and stile edges, I Reinforce inside of doors with vertical, hot-rolled, not less than 22-gage steel sections, Space vertical I. reinforcing 6 inches o.c. and extend full door height. Spot weld at not more than 5 inches o.c, to both face sheets. . DOUGlAS MILLER DeCHANT ARCHITECTS 7 SHEPHERD RESOURCES INC I AlA FREEDOM PARK RESTROOM FACILITY PROJECT #0426,06 PROJECT SPECIFICATION, November I, 200S a, Continuous truss-form inner core of 28-gage sheet metal reinforcing may be provided as inner reinforcement in lieu of above, Spot weld truss-form reinforcement 3 inches 0,(' vertically and horizontally over entire surface of both sides, 2. Reinforce tops and bottoms of doors with I 8-gage, horizontal steel channels, spot welded 2 inches o.c. to outer sheets. Close top edge to provide flush surface. Close bottom edge with inverted steel channels, E, Finish Hardware Reinforcing: Minimum gages of steel reinforcing plates for the following hardware: I. Hinges and Pivots: 7 -gage thick by I-I (2 inches wide by 6 inches longer than hinge, secured by not less than six spot welds, 2, Lock Face, Flush Bolts, Closers, and Concealed Holders: 10 gage, 3, All Other Surface-Mounted Hardware: 16 gage, F, Door Numbers: Permanently stamp each door on the hinge side with the same reference numbers as those on the Contract Documents. 2,04 HOLLOW METAL PANELS A Provide hollow metal panels of same materials. construction, and finish as specified for doors, 2,05 FRA.MES A Fabricate frames of full-welded unit construction with comers mitered, reinforced. continuously welded full depth and width of frame, Knock-down type frames are not acceptable, I. Form frames of minimum 14-gage galvanized steel sheets for exterior, and either cold- or hot-rolled sheet steel of the following minimum gages for interior: .' a, Openings up to and including .1'-0" wide: 16 gage. b, Openings over 4'-0" wide: 14 gage, 8. Existing Doors in !\1~!y Fr;]JT~'';: Coordinate frame hinge/strike 'ocations dcc)rs , Minimuf'"Y; of s~eei L- a gage 3. Surface-Mounted Hold-Open Arms and Panic Devices: 10 gage D, Mullions and Transom Bars: Provide closed or tubular mullions and transom bars where indicated, Fasten mullions and transom bars at crossings and to jambs by butt welding, Reinforce joints between frame members with concealed clip angles or sleeves of same metal and thickness as frame. . --~._---- DOUGlAS MILLER DeCHANT ARCHITECTS 8 SHEPHERD RESOURCES INC I AlA FREEDOM PARK RESTROOM FACILITY PROJECT #0426,06 PROJECT SPECIFICATION, November I, 2005 I. Provide false head member to receive lower ceiling where frames extend to finish ceilings of different heights. E. Head Reinforcing: Where installed in masonry, leave vertical mullions in frames open at top for grouting, F. 11mb Anchors: Furnish jamb anchors as required to secure frames to adjacent construction, formed of not less than I 8-gage galvanized steel. I, Masonry Construction: Adjustable, flat, corrugated, or perforated, T-shaped to suit frame size, with leg not less than 2 inches wide by 10 inches long. Fumish at least 3 anchors per jamb up to 7'-6" height; 4 anchors up to 8'-0" jamb height; one additional anchor for each 24 inches or fraction thereof over 8' -0" height. 2, Metal Stud Partitions: Insert type with notched clip to engage metal stud, welded to back of frames, Provide at least 4 anchors for each jamb for frame up to 7'-6" in height; 5 anchors up to 8'-0" jamb height one additional anchor each 24 inches or fraction thereof over 8'-0" height. 3, In-Place Concrete or Masonry: Anchor frame jambs with minimum 31B-inch concealed bolts into expansion shields or inserts at 6 inches from top and bottom and 26 inches o,c., unless otherwise shown, Reinforce frames at anchor locations, Except for fire-rated openings, apply removable stop to cover anchor bolts unless otherwise indicated. G. Floor Anchors: Provide floor anchors for each jamb and mullion that extends to floor, fonned of not less than I 6-gage galvanized steel sheet. as follows: I. Mgnqlithic Concrete Slabs: Clip-type anchors, with two holes to receive fasteners, welded to bottom of jambs and mullions, H, Head Anchors: Provide two anchors at head of frames exceeding 42 inches wide for frames mounted in steel stud walls, I, Head Strut Supports: Provide 3/4-inch by 2-inch vertical steel struts extending from top of frame at each jamb to supporting construction above, unless frame is anchored to masonry or to other structural support at each jamb, Bend top of struts to provide flush contact for securing to supporting construction above. Provide adjustable wedged or bolted anchorage to frame jamb members in compliance with UL 63, J. of f,rame assembly, where indicated at ml,ilHons. jra..r~sorrs, or ctrer .ccations ~;-'iat are to be c'ead, L, Spreader Bars: PrOVide removable spreader bar across bottom of the frames, tack welded to jambs and mullions, M, Rubber Door Silencers: Except on weatherstripped doors, drill stop in strike jamb to receive 3 silencers on single-door frames and drill head jamb stop to receive 2 silencers on double-door frames, Install plastic plugs to keep holes clear during construction, . --..-....-- DOUGLAS MILLER DeCHANT ARCHITECTS 9 SHEPHERD RESOURCES INC / AlA FREEDOM PARK RESTROOM FACILITY PROJECT #0426.06 PROJECT SPECIFICATION, November I, 2005 N, Plaster Guards: Provide 26-gage steel plaster guards or dust cover boxes, welded to the door reinforcement or frame, at back of finish hardware cutouts where mortar or other materials might obstruct hardware operation and to close off interior of openings, 0, Frame Numbers: Permanently stamp each frame on the hinge side with the same reference numbers as those on the Contract Documents, 2,06 DOOR LOUVERS A. Fabricate louvers and mount Rush into doors without overlapping moldings on surface of door facing sheets, Provide internal support as recommended by louver manufacturer, Prime paint after fabrication, except stainless steel. I, Exterior Louvers: Not less than 16-gage galvanized steel sheet. Fabricate units with stationary, weatherproof Z-shaped blades and U-shaped frames. not less than 1-3/8 inches thick. Space louver blades not more than I-I f2 inches o.c, Assemble units by welding, Provide removable insect screens on interior side of frame. consisting of 14 by 18 bronze wire mesh in rigid, formed metal frame. 2, Interior Louvers: Not less than 18-gage cold-rolled steel sheet. Fabricate units with stationary, sightproof inverted V-shaped blades and U-shaped frames. not less than 1-3/8 inches thick. Space louver blades not more than 3 inches o,c. Assemble units by welding, 2,07 STOPS AND MOLDINGS A. Provide stops and moldings around solid, glazed, and louvered panels where indicated. 8, Form fixed stops and moldings integral with frame, unless otherwise indicated, C. Provide removable stops and moldings where indicated or required, formed of not less than 20-gage steel sheets matching steel of frames, Secure with countersunk flat or oval head mactiine screws spaced uniformly not more than 12 inches o,c. Form corners with butted hairline joints, D, Coordinate width of rabbet between fixed and removable stops with type of glass or panel and type of installation indicated, ~-8 j/,.'c..,..' tiaro, c)r it :he dress, and make smooth, flush, and inviSlb!e. 8, Exposed Fasteners: Unless otherwise indicated, provide countersunk flat or oval heads for exposed scre'NS and bolts, C. Thermal-Rated (Insulating) ,Assemblies: At exterior locations and elsewhere as shown or scheduled, provide doors and frames that have been fabricated as thermal insulating assemblies and tested in accordance with ASTM C236 or C976, . DOUGLAS MILLER DeCHANT ARCHITECTS 10 SHEPHERD RESOURCES INC / AlA FREEDOM PARK RESTROOM FACILITY PROJECT #0426.06 PROJECT SPECIFICATION, November I, 2005 I. Unless otherwise indicated, provide exterior assemblies U-value rating of 0,24 BTU!hour or better (hour by sq, ft, by degree F), 0, Sound-Rated (Acoustical) Assemblies: Wherever shown or scheduled, provide door and frame assemblies that have been fabricated as sound-reducing type, tested in accordance with ASTM E90, and classified in accordance with ASTM E413, I, Unless otherwise indicated, provide acoustical assemblies with sound ratings ofSTC 33 or better, E. Finish Hardware Preparation: As follows: f. Prepare doors and frames to receive finish hardware, including cutouts. reinforcing, mortising. drilling. and tapping in accordance with final Finish Hardware Schedule and templates provided by hardware supplier, Comply with applicable requirements of ANSI A II 5 series specifications for door and frame preparation for hardware, 2. Locate finish hardware as shown on final shop drawings, or if not shown, in accordance with "Recommended Locations for Builder's Hardware for Custom Steel Doors and Frames," published by Door and Hardware Institute, F. Shop Painting: Clean, treat, and paint exposed surfaces of steel doors and frames, including galvanized surfaces, but excluding stainless steel surfaces, l. Clean steel surfaces of mill scale, rust, oil, grease, dirt, and other foreign materials before application of paint. 2. Apply pretreatment to cleaned metal surfaces. using cold phosphate solution (SSPC-PT2), hot phosphate solution (SSPC-PT4). or basic zinc chromate-vinyl butyryl solution (SSPC-PT3), 3, Apply shop coat of primer within time limits recommended by pretreatment manufacturer, Apply a smooth coat of even consistency to provide a uniform dry film thickness of not le~s than 0.7 mils. PART 3 - EXECUTION 3,01 EXAMINATION Examine substrate and conditions under which steel and frames are jA'J fnstaij-ec. r-', U',,,, with conditions have been correCed. 302 ~teei for doors. transoms, side bcrr"tJ\Ned and other of Size I Install frames and accessories in accordance with shop drawings, manufacturer's data, SDi 105 and as , . herein specified, 2, Setting Masonry Anchorage Devices: Provide masonry anchorage devices where reqlJired for securing frames to in-place concrete or masonry construction. . -------_.,-_._.~,._-_.,~----_. -----------------...-- DOUGLAS MILLER DeCHANT ARCHITECTS II SHEPHERD RESOURCES INC I AlA FREEDOM PARK RESTROOM FACILITY PROJECT #0426.06 PROJECT SPECIFICATION, November I, 200S a, Set anchorage devices opposite each anchor location, in accordance with details on final shop drawings and anchorage device manufacturers instructions, Leave drilled holes rough, not reamed, and free from dust and debris, 3, Floor anchors may be set with powder-actuated fasteners instead of masonry anchorage devices and machine screvvs, if so indicated on final shop drawings, 4, Protect inside (concealed) faces of frames in masonry construction with fibered asphalt emulsion coating, Apply approximately 1/8" thick over shop primer and allow to thoroughly dry before handling. S, Placing Frames: Set frames accurately in position, plumbed, aligned, and braced securely until permanent anchors are set. Comply with provisions of 501 105 unless otherwise indicated, After wall construction is complete. remove temporary brace and spreaders, leaving surfaces smooth and undamaged , a. At in-place concrete or masonry construction. set frames and secure in place with machine screvvs and masonry anchorage devices. b, Place frames at fire-rated openings in accordance with NFPA Standard No, 80, c. In masonry construction, grout all frames solid with minimum 2000 psi grout. d, Make field splices in frames as detailed on final shop drawings, welded and finished to match factory work. e, Remove spreader bars only after frames or bucks have been properly set and secured, 8, Door: Fit non-fire-rated doors accurately in their respective frames, with the following clearances: I, lambs and Head: 1/8 inch, .' 2. Meeting Edges, Pairs of Doors: '/8 inch. 3, Bottom: 3/4 inch, where no threshold or carpet. 4, 1/4 inch, at threshold or carpet. P!ace .jre-rated deors '/vith clearances Cf--5 "io. /:},eck J.nd r:arcjjV3re rtems to fnal Leave 'Nork and proper operating condition, Remove and replace defective 'Nork, Including doors or frames that are warped, bowed, or otherwise unacceptable, B, Prime Coat Touch-Up: immediately ;1fter erection, sand smooth ;1ny rusted or damaged areas of prime coat and apply touch-up of compatible air-drying pnmer, . DOUGLAS MILLER DeCHANT ARCHITECTS SHEPHERD RESOURCES INC / AlA FREEDOM PARK RESTROOM FACILITY PROJECT #0426.06 PROJECT SPECIFICATION, November I, 2005 8,01 VINYL WINDOWS Windows shall be equal to "Weathershield, Vision 2000", vinyl windows, color to be determined, SECTION 08700 - HARDWARE PART I - GENERAL 1,1 Summary: Include lock cylinders for locks furnished in other sections where 50 specified, Furnish hardware items of proper design for use on doors and frames of the thicknesses, profile, swing, security and similar requirements indicated, as necessary for proper installation and function. 1.2 Product Data: Submit manufacturer's product data for each hardware item requir~d, Hardware Schedule: Submit copies of the hardvvare schedule based on the hardware requirements, showing complete designation of every item required for each door or opening, Hardware schedules are intended for the coordination of the worle. Review and acceptance by the Architect or Owner does not relieve the Contractor of his exclusive responsibility to fulfil the requirements as shown and specified, Locks shall comply with and be integral to the Owner's system, which is a "Best Access Systems - Best Locks, We" keyway, Locks shall be provided with 93K locksets, blank cores, The Owner will pin locks in the field, Key Schedules: Coordinate key schedules directly with the Owner, Prepare keying schedules for approval, and key locks in accordance with approved schedule, Furnish in triplicate, complete schedule of marking and master key system to Architect and Owner prior to substantial completion, Templates: Furnish hardware templates to each fabricator of doors, frames and other work to be factory prepared for the installation of hardware, Upon request, check the shop drawings of such other work, to confJr:m that adequate provisions are made for the proper installation of hardware. 1.3 Quality Assurance: Acceptability of substitute items may be determined by the Architect solely on the basis of design, appearance, funcbt';?$l or fir'1ish. t:(t:;teners: rT'anufacture ;':ardvvare to (cr"'tcrm t'J rstallatior, 1:)0 not >:arcv/are scre'lIS for ''lardv,/are With eaCii~,ardware item, Provide riat -head screws except as JtherN;se indicated. Firish (exposed urder any screws to match the hardware firfsn iX J exposed in surfaces of other work, to match the finish of other such work as closely as pOSSible, including " prepared for paint"n surfaces to receive painted finish, Suppliers: A recognized architectural door hardware supplier, with warehousing facilities within 125 miles of the Project site, that has a record of successful in-service performance for supplying door hardware similar in quantity, type and DOUGLAS MiLLER DeCHANT ARCHiTECTS i3 SHEPHERD RESOURCES INC / AlA FREEDOM PARK RESTROOM FACILITY PROJECT #0426.06 PROJECT SPECIFICATION, November I, 2005 quality to that indicated for this project and who is, or employs an experienced architectural hardware consultant (AHC) certified hardware consultant who shall be responsible for the detailing, scheduling or ordering of hardware and who is available to the Owner, Architect and Contractor, at reasonable times during the course of the work, for consultation, Hardware supplier shall be a certified direct distributor and be a full sales and service organization for the manufacturers listed, Compliance with this Section shall include letters of certification from the manufacturers certifying the hardware supplier is a factory direct authorized distributor, Submit certifications for approval with and be incorporated with hardware schedule submittal. Submittals will not be considered without the certifications. 1.4 Delivery, Storage and Handling: Provide secure lock-up for hardware delivered to the project, but not yet installed. Control the handling and installation of hardware items which are not immediately replaceable, so that the completion of the work will not be delayed by hardware losses, both before and after installation. Packaging of hardware is the responsibility of the supplier, fJ.s material is received by the hardware supplier from the various manufacturers, sort and repackage, if necessary, in containers marked with the hardware set number, Hardware supplier shall apply an easily identified separate label to each carton identifying clearly in large lettering the hardware group, door number, door location, product number, hand of door, Inventory hardware jointly with representatives of the hardware supplier and the hardware installer until each is satisfied that the count is correct. Coordinate hardware with other work, Tag each item or package separately, with identification related to the final hardware schedule, and incltJde btiiSic installation instructions in the package, Deliver individually packaged hardware items at the proper times to the proper locations (shop or project site) for installation, 1.5 Warranty: ,- Furnish 2 copies of following written warranties and insert in each maintenance manual: Mechanical failure of door closers for 10 years, af all otf1erhardwJre parts for 2 years, c,tintenance: as r<eeded (or CJ'Nner's T;;lintenance, Furnish 2 copies of maintenance manualS covering finish hardware for this project. include printed sheets from hardware manufacturers, bound in a three-ring binder and properly indexed, InClude installation documentation (instnJctions), Include name, address, phone number of hardware supplier, maintenance instructions and parts list for each type of operating hardware including locks and closers. I DOUGLAS MillER DeCHANT ARCHITECTS 14 SHEPHERD RESOURCES INC / AlA FREEDOM PARK RESTROOM FACILITY PROJECT #0426,06 PROJECT SPECIFICATION, November 1,2005 PART 2 - PRODUCTS 2, I Hardware List: Furnish and hardware as defined herein and as indicated on the door schedule. Provide all items needed for door function including fire-rating and labeling requirements for fire-rated doors, General: Conform to ANSI/BHMAAIS6 except as otherwise indicated, All butts on exterior doors to be non ferrous with stainless steel non-removable pins, All butts for reverse swing doors with locks to have non-removable pins, All other butts to have non-rising pins. Provide steel pins for steel hinges and stainless steel pins for non-ferrous hinges, Where manual closers are indicated for doors required to be accessible to the physically challenged. provide adjustable units complying with ANSI AII?1 provisions for door opening force and delayed action closing, E)(cept as specifically indicated. comply with manufacturer's recommendations for size of door control units, depending on size of door, exposure to weather, and anticipated frequency of use, Where low kinetic energy closers, as defined by ANSI A 156,19, are indicated for doors required to be accessible to the disabled. provide pneumatically powered operators complying with the requirements of the Americans with Disabilities Act Accessibility' Guidelires (()r openi"'jg force and tirr.e to c1~e standards. Closers: equal to "900 Series Door Closer", full plastic cover, color to be selected from standard palette, as manufactured by Cal-RoyaJ Products. Inc, Install at Mens' Restroom. Womens' Restroom and Family Restroom. Door stops: equal to "W826", Stainless steel, concave wall stop, as manufactured by Cal-Ro:tal Products. Inc. Install at Mens' Restroom and Womens' Restroom, Bottom sweeps: equal to # 200NA. neoprene, black, as manufactured by National Guard Products, Ine. Installed at all doors, , as manufactured by Best Access Systems, Function code E, "Service 3" convex: strl<e I ~;tA"d,ard 618, 2-3/4"; standard finish 6! 8, bright nicke! plated, Saddle Thresholds: equal to "#424E", as manufactured by National Guard Products, Ine., aluminium mill finish. Installed at all doors, PART 3 - EXECUTION 3,1 Installation: , -~---- --------- DOUGLAS MILLER DeCHANT ARCHITECTS 15 SHEPHERD RESOURCES INC I AlA FREEDOM PARK RESTROOM FACILITY PROJECT #0426,06 PROJECT SPECIFICATION. November 1.2005 Perform installation in accordance with manufacturer's recommendations and as specified herein, Mount hardware units at heights recommended in "Recommended Locations for Builder's Hardware" by DHI for standard steel frames as applicable. except as otherwise specifically indicated or required to comply with governing regulations including handicapped accessibility. Unless otherwise required by above. comply with the following mounting heights: Door Knobs: 34" above finished floor, Push;Pull Plates: Bottom at 34" above finished floor. Handicapped Push;Pull Latchset: 38" above finished tloor, Install each hardware item in compliance with the manufacturer's instnJctions and recommendations, Wherever cutting and fitting is required to install hardware onto or into surfaces which are later to be painted or finished in another way, coordinate removal. storage. reinstallation or application of surface protections with finishing work of finish Installers spe<:ified in Division 9 sections, Do not install surface-mounted items until finishes have been completed on the substrate, Install push plate to conceal through bolts of pull, Through bolt all closerS and exit devices with sex bolts, Installer may leave hardware items in place during finishing work provided such items are fully masked and protected, Remove finish materials which may penetrate masking. without damage to hardware or its finish or replace as required, Set units level, plumb and true to line and location, Adjust and reinforce the attachment substrate as necessary for proper installation and operation, Drill and countersink units which are not factory-prepared for anchorage fasteners, Space fasteners and anchors in accordance with industry standards, .' Cut and fit threshold to profile of door frames. Use single piece units, Screw thresholds to substrate with No, 10 or larger screws, of the proper type for permanent anchorage and of bronze or stainless steel which will not corrode in <:ontact with the threshold rl''letal, i~t exter1()r doors" and e/se,Nhereas of threshOld a seal butyl rubber sealant Gr fill 'iOICS cind exclude '-:;olsture. ':::;0 not drainage Neep ii:\er-;c'le excess sealant. and Ceneral: Adjust and check each operating item of hardware and each door, to ensure prooer operation or function of every unit. Lubricate moving parts with type lubricati?n recommended by manufacturer (graphite-type if not other recommended), , DOUGLAS MILLER DeCHANT ARCHITECTS 16 SHEPHERD RESOURCES INC I AlA FREEDOM PARK RESTROOM FACILITY PROJECT #0426.06 PROJECT SPECIFICATION. November 1.2005 Replace units which cannot be adjusted and lubricated to operate freely and smoothly as intended for the application made, Hardware supplier shall make final check and adjustment of locks. closers. other items requiring fine adjustment, Final Adjustment: Wherever hardware installation is made more than one month prior to acceptance or occupancy of a space or area, return to the work during the week prior to acceptance or occupancy. and make a final check adjustment of all hardware items in such space or area, Clean and relubricate operating items as necessary to restore proper function and finish of hardware and doors, Adjust door control devices to compensate for final operation of heating and ventilation equipment. Instructions: Instruct Owner's personnel in proper adjustment and maintenance of hardware and hardware finishes. during the final adjustment of hardware, END OF SECTION 08700 DIVISION 9 - FINISHES SECTION 09300 - TILE PART I - GENERAL 1,1 Submittals Product Data: Submit manufacturer's technical information and installation instructions for materials required, Include manufacturer, supplier, size, style. texture and color, " Submit verification samples of each type and color of tile required. not less than 12" square on plywood, or hardboard backing, and grouted for final verification, Submit samples of trim and other units if requested by Architect, 1.2 ;'\s!>urance: and Groutrg MaterialS: Cbtain ,ngredients of uniform quality from one manufacturer for each cementitious and admixture component. Installer Qualifications: Engage an experienced Installer who has successfully completed tile installations similar in material, design, and extent to that indicated for Project, . DOUGLAS MILLER DeCHANT ARCHITECTS ? SHEPHERD RESOURCES INC I AlA FREEDOM PARK RESTROOM FACILITY PROJECT #0426,06 PROJECT SPECIFICATION, November 1,2005 Standards: Furnish tile conforming with Standard Grade requirements of ANSI AI3?, I, Conform to Tile Council of America "Handbook for Ceramic Tile Installation" and ANSI AI 08, AI18 and AI36 as applicable, Proprietary Materials: Handle, store, mix and apply proprietary setting, grouting and waterproofing materials in compliance with manufacturer's instructions, 1.4 Delivery, Storage and Handling: Deliver packaged materials and store in original containers with seals unbroken and labels intact until time of use, in accordance with manufacturer's instructions. Comply with ANSI AI3?, I for labeling sealed packages. Prevent damage or contamination to materials by 'Nater, freezing, or foreign matter, 1.5 Project / Site Conditions: Maintain environmental conditions and protect work during and after installation to comply with referenced standards and manufacturer's printed recommendations, Vent temporary heaters to exterior to prevent damage to tile work from carbon dioxide build-up, Maintain substrate and ambient temperature of not less than 500 F, during installation of tile and for at least? days thereafter. Maintain higher tempe.rntures for propf'ie~"')I mortars and grouts where recommended by manufacturer or required by referenced standards. 1.6 Extra Materials: Furnish extra materials that match products installed, packaged with protective covering for st9rage, and identified with labels clearly describing contents. Deliver to the Owner. Tile and Trim Units: Furnish quantity of full-size units equal to 3 percent of amount installed, for each type, composition, color, pattern, and size. /""'<,J, C:T ~ l/';'\hl 1. i-1ereral: and other appearance characterstlCS as made ~extures, and patterns for products of 'ype indicated, Provide tiie trim and accessories that match color and finish of adjoining flat tile, ~ ~ Wall Tile: equal to DalTile, "Gold Rush Mosaics - Golden Nugget", # 5208, 8" x 10", Grout equal to #322 L,L "Silk", Provide 2" bullnose cap and edge, . DOUGLAS MILLER ARCHITECTS SHEPHERD RESOURCES INC / AlA FREEDOM PARK RESTROOM FACILITY PROJECT #0426,06 PROJECT SPECIFICATION, November 1,2005 Base: Cove base, In-Comers: Field-butted square comers with coved base and cap angle pieces to member with stretcher shape. Out-Comers: Surface bullnose with single piece external comers, Jambs and Where Abutting Dissimilar Material: Surface bullnose where tile projects from jamb, 2.3 Setting Materials: Latex-Portland Cement Mortar: Latex modified, acrylic based portland cement thinset mortar complying with ANSI A118A, VOC Content: Not more than 130 grams per liter, Epoxy Mortar: Two-component epoxy resin, hardener, and mineral filler, complying with ANSI AI 18.3. VOC Content: Not more than 130 grams per liter. 2.4 Grouts: Latex-Portland Cement Grout: Proprietary compound composed of portland cement with latex acrylic based additive, ANSI AI 18,6. VOC Content: Not more than 130 grams per liter, Furnish latex additive (water emulsion) serving as replacement for part or all of giluging w'ater added at job site with dry grout mixture. Furnish Acrylic resin latex and dry grout mix. Chemical-Resistant Water Cleanable Epoxy Grout: ANSI A I I 8.3, color as indicated, Provide product capable of resisting continuous and intermittent exposure to temperatures of up to l400F and 2120F, respectively, as certified by mortar manufacturer for. intended use, VOC Content: Not more than 130 grams per liter, Tile Cleaner: Product specifically acceptable to manufacturer of tile and grout manufacturer for reapplication indicated and as recommended by National Tile Promotion Federation or Ceramic Tile Institute. Tile Sealer: Silex 8 OMS as manufactured CeramaSeai or aporeved ~T1cre gGms - 3.0 Examination: Verify that surfaces to receive thinset tile are correct, suitable, within specified tolerances, and free from oil or waxy films and cunng compound$.... Start of this work constitutes acceptance of substrates as suitable for satisfactory performance of work of this Section, . DOUGLAS MILLER SHEPHERD RESOURCES INC / AlA FREEDOM PARK RESTROOM FACILITY PROJECT #0426.06 PROJECT SPECIFICATION, November I, 2005 3,1 Installation: General: Comply with applicable ANSI standard installation specifications series A I 08, A118, and AI36, Maintain minimum temperature limits and installation practices as recommended by proprietary mortar and grout materials manufacturer, Comply with TCA installation methods indicated, Neutralize and seal substrates in accordance with mortar or adhesive manufacturer's instructions. Extend tile work into recesses and under equipment and fixtures. to form a complete covering without interruptions. except as otherwise shown. Terminate work neatly at obstructions. edges and comers without disruption of pattem or joint alignments. Accurately form intersections and returns, Perform cutting and drilling of tile without marring visible surfaces. Carefully grind cut edges of tile abutting trim, finish or built -in items for straight aligned joints, Fit tile closely to electrical outlets. piping, fixtures and other penetrations so that plates, collars. or covers overlap tile, Jointing Pattern: Unless otherwise shown, lay tile in grid pattern. Align joints when adjoining tiles on floor. base, and trim are the same size, Layout tile work and center tile fields both directions in each space or on each wall area. Adjust to minimize tile cLItting, Provide uniform joint widths. unless otherwise shown.. Variations of joint widths or alignment which are visually unacceptable to the Architect will require reinstallation or replacement of tile, Sound tile after setting and replace hollow sounding units. Grout tile to comply with ANSI AI 08.1 0, using grout materials indicated, Tile Floors. Walls, and Ceilings: Tiles installed ever substrate: "Dens-Shield" at walls at floor sink in Laundry;Janitor room, and placed on grouted curb and base over Ch/or%y membrane, General Notes; or scre~ '3r.aU not ~;nk meml:J.rane at curb. c:A' 'NthiM i of floor Tile and greut to be cleaned and sealed immediately upon installation or as soon as practical after grout has cured, "7 :iea ftcor suriaces to be before and sealing. L Placement Intenor bac,<er TO':' Method: VV-244, Bond Coat Thinset latex portland cement Grout: Coicred latex portland cement 3.3 Accessories: Expansion and Control Joints: . "~---~~ -- DOUGLAS MILLER DeCHANT ARCHITECTS 20 SHEPHERD RESOURCES INC I AlA FREEDOM PARK RESTROOM FACILITY PROJECT #0426,06 PROJECT SPECIFICA.TION, November 1,2005 Provide per TCA EJ 171 and A3.4 of ANSI AI 08 series, Use one-part pourable urethane sealants for expansion and control joints, Sealing Tile: Apply two coats of sealer to glazed wall tile and grout, Apply two coats of sealer to porcelain tile and grout joints, Allow sufficient drying time between coats. Ensure tile and grout is completely clean and acceptable to the Architect prior to application of sealer, Do not allow sealer to dry on glazed tile surfaces, Do not apply sealer to quarry tile or epoxy grout. 3,4 Cleaning and Protection: Cleaning: Upon completion of placement and grouting, clean all ceramic tile surfaces so they are free of foreign matter, Remove latex portland cement grout residue from tile as soon as possible, Finished Tile Work: Leave finished installation clean and free of cracked, chipped, broken, unbonded, or otherwise defective tile work, Protection: Protect installed tile work with Kraft paper or other heavy covering during the construction period to prevent damage and wear, Prohibit aU food ar,d wheel traffic from using tiled floors for at least 7 days after grouting, Before final inspection. remove protective coverings and rinse neutral sealer from all tile surfaces, END OF SECTION 09300 .' SECTION 09900 - PAINTING & STAINING 1.04 QUALITY ASSURANCE A. 5j~-Source Responsibili!:y: Provide primers and undercoat paint produced by the same manufacturer of frnish Q Review other sections u. C. ~,1aterial Quality: Provide the marlufacturers best quality trade sale paint material of the various coating types speCified. Paint material containers not displaying manufacturers product identification are not . acceptable, Proprietary names used to designate colors or materials are not intended to imply that products named are required, or to exclude equal products of other manufacturers. . DOUGLAS MILLER DeCHANT ARCHITECTS 21 SHEPHERD RESOURCES INC / AlA FREEDOM PARK RESTROOM FACILITY PROJECT #0426.06 PROJECT SPECIFICATION. November I, 2005 1,05 DELIVERY, STORAGE. AND HANDLING A Deliver materials to the job site in the manufacturer's original, unopened packages and containers bearing manufacturer's name, label, and the following information: I. Product name or title of material 2, Product description (generic classification or binder type) 3, Manufacturer's stock number and date of manufacture 4. Contents by volume, for pigment and vehicle constituents 5. Thinning instructions 6. Application instructions 7, Color name and number 8. VOC content B, Store materials not in use in tightly covered containers in a well-ventilated area at a minimum ambient temperature of 4soF (loC), Store all flammable materials not in use in Underwriter's Laboratories. Inc., NFPA or other approved flammable storage cabinet Reference OSHA 29 CFR 1926 if storage of combustible or flammable liquids exceed 25 gallons (94,6 liters), Maintain containers and cabinets used for storage in a clean condition, free offoreign materials and residue, Protect from freezing, Keep storage area neat and orderly, Remove oily rags and waste daily. Take necessary measures to ensure that workers and work areas are protected from fire and health hazards resulting from handling. mixing. and application, " 1.06 108 CONDITIONS A. Apply water-based paints only when the temperature of surfaces to be painted and surrounding air temperatures are between SooF ( 10oC) and 900F (32OC), 8, only '#h~~ th~ cf suri1ces tiD be and cl" n temperatures are between 4soF (loC) and 9SoP 135OC). or when tne relative p.xceeds 85 acove the dew or to or 'lye! 5ur+~1ces nc!en~';ent 'iuriaces areas to oe mts the manufacturer application and drying periods, PART 2 - PRODUCS . DOUGLAS MILLER DeCHANT ARCHITECTS 22 SHEPHERD RESOURCES INC / AlA FREEDOM PARK RESTROOM FACILITY PROJECT #0426,06 PROJECT SPECIFICATION, November I, 2005 2.01 MANUFACTURERS Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated in the work include. but are not limited to, the following: Benjamin Moore and Co. (BM) Sherwin-Williams Company (S-VI) Wellborn Paint Manufacturing Company 0N) 2,02 MASONRY BLOCK FILLER A. High-Performance Latex Block Filler: Heavy-duty latex block fiHers used for tilling open. textured interior and exterior concrete masonry block before application of top coats, 8, Block filler used under high-performance polyamide epoxy coatings. 2,03 PRI MERStSEALERS A. Interior Latex Enamel: To be used as under-coat for smooth cementitious surfaces and bare wood, B. Interior Latex-Based White Primer: Latex-based primer coating be used on interior gypsum drywall under a flat latex paint or a semi-gloss latex enamel. C. Exterior Primer Coating: Exterior alkyd wood primer used for priming wood under alkyd enamels. D, Rust-Inhibiting Primer: Quick-drying. rust-inhibiting primer used for priming ferrous metal on the exterior under high-81oss enamel and on t.he interior under emmel, E. Galvanized Metal Primer: Primer used to prime interior and exterior zinc-coated (galvanized) metal surfaces, F, Pigmented Sealer: Pigmented sealers over concrete used under high performan~~ polyamide epoxy coatings. 2.04 EXTERIOR FINISH PAINT MATERIAL A. Exterior Acrylic: Quick-drying. flat. acrylic paint used on the exterior over concrete, stucco, and masonry concrete masonry block). enamel used on exterior ever rT'eta~ ';ur""1ces. /'\. Semi-gloss, latex enarr,e! used over a pnmer on conc,ete, mascnrj (Including concrete masonry biock), wood and hardboard. ferrous and zinc-coated (galvanized) metal surfaces, and over a primer on gypsum drywall. B, Latex-Based, interior Flat Paint: Ready-mixed, latex-based paint used as a "size" on cotton or canvas covering over insulation, . DOUGLAS MILLER 23 SHEPHERD RESOURCES INC I AlA FREEDOM PARK RESTROOM FACILITY PROJECT #0426,06 PROJECT SPECIFICATION, November 1,2005 C High-Performance Polyamide Epoxy Coating: High-gloss coating used over concrete and concrete masonry, PART 3 - EXECUTION 3.01 f)<AMINATION Examine substrates and conditions under which painting will be performed for compliance with requirements for application of paint Do not begin paint application until unsatisfactory conditions have been corrected. Start of painting will be construed as Applicator's acceptance of surfaces and conditions within a particular area, 3.02 PREPARATION A General Procedures: Remove hardware and hardware accessories, plates, machined surfaces. lighting fixtures. and similar items in places that are not to be painted, or provide surface-applied protection prior to surface preparation and painting, Remove these items if necessary for complete painting of the items and adjacent surfaces, Clean surfaces before applying paint or surface treatments, Remove oil and grease prior to cleaning. Schedule cleaning and painting so that dust and other contaminants from the cleaning process will not fall on wet, newly-painted surfaces, Following completion of painting operations in each space or area. items shall be reinstalled in the same manner that they were removed, 8, Surface Preparation: Clean and prepare surfaces to be painted in accordance with the manufacturers instructions for each particular substrate condition and as specified, Provide barrier coats over incompatible primers or remove and reprime. Notify SDR in writing when problems are anticipated in using the specified finish-coat material with substrates primed by others. C Cementitious Materials: Prepare concrete. concrete masonry block. and stucco to be painted, Remove efflorescence, chalk, dust, dirt, grease, oils. and release agents. Roughen as required to remove glaze. If hardeners or sealers have been used to improve curing, use mechanical methods of surface preparation, ," I. Use abrasive blast-cleaning methods if recommended by the paint manufacturer, 2. Determine alkalinity and moisture content of surfaces by performing appropriate tests, Pay special attention to concrete masonry unit mortar joints and patched concrete surfaces, If surfaces are sufficiently alkaline to GHlS€: blistering of fiiiis'M (Of'rect conditlort before application, Do not paint surfaces where moisture content rl surface to be painted exceeds tr2t 'rl directions. to oeFore f"\, '1'/ood Matenals: Clean surfaces of dirt. oil. and other foreign substances with scrapers. mineral spirits. and ,_/ , sandpaper, Sand smooth surfaces exposed to view and dust off, I, Scrape and clean small, dry. seasoned knots and apply a thin coat of white shellac or other recommended knot sealer before application of primer, ~ ---"------ DOUGLAS MILLER DeCHANT ARCHITECTS 24 SHEPHERD RESOURCES INC I AlA FREEDOM PARK RESTROOM FACILITY PROJECT #0426,06 PROJECT SPECIFICATION, November I, 2005 2. Prime, stain, or seal wood to be painted immediately upon delivery, Prime edges, ends, faces, undersides, and backsides of wood, including cabinets, counters, cases, and paneling. After priming, fill holes and imperfections in finish surfaces with putty or plastic wood filler, Sand smooth when dried, 3. When transparent finish is required, backprime with spar varnish, I 4, Seal tops, bottoms, and cutouts of unprimed wood doors with a heavy coat of varnish or sealer immediately upon delivery to jobsite, E, Ferrous Metals: Clean nongalvanized ferrous-metal surfaces that have not been shop-coated; remove oil, grease, dirt, loose mill scale, and other foreign substances, Use solvent or mechanical cleaning methods that comply with recommendations of the Steel Structures Painting Council. I. Treat bare and sand-blasted or pickled clean metal with a metal treatment wash coat before priming. 2, Touch up bare areas and shop-applied prime coats that have been damaged, Wire-brush, dean with solvents recommended by the paint manufacturer, and touch up with the same primer as the shop coat. F, Galvanized Surfaces: Clean galvanicad surfaces with non-petroleum-based solvents so that the surface is free of oil and surface contaminants, Remove pretreatment from galvanized sheet metal fabricated from coil stock by mechanical methods. G. Gypsum Board: Surfaces shall be dry and shall have all loose dirt and dust removed by brushing with a soft brush, rubbing with a dry cloth, or vacuum-cleaning prior to application of first-coat material. Repair blemishes, irregularities and damaged surfaces, H, Material Preparation: Carefully mix and prepare paint materials in accordance with the manufacturers directions, I, Maintain containers used in mixing and application of paint in a clean condition. free of foreign materials and residue, 2, Stir material before application to produce a mixture of uniform density; stir as required during application, Do not stir surface film into material. Remove film and, if necessary, strain material by the and '/vith:n reccn:mer,ded . I Apply paint in accordance with manufacturer's directions, Use applicators and techniques best suited for substrate and type of material being applied, Spray applications will require prior approval from the SDR, . DOUGLAS DeCHANT ARCHITECTS SHEPHERD RESOURCES INC I AlA FREEDOM PARK RESTROOM FACILITY PROJECT #0426.06 PROJECT SPECIFICATION, November I, 2005 2, Do not paint over dirt, rust, scale, grease, moisture, scuffed surfaces, or conditions detrimental to formation of a durable paint film, 4, Provide finish coats that are compatible with primers used, 5, The number of coats and film thickness required is the same regardless of the application method. Do not apply succeeding coats until the previous coat has cured as recommended by the manufacturer, Sand between applications where sanding is required to produce an even, smooth surface in accordance with the manufacturers directions, 6. Apply additional coats when undercoats, stains, or other conditions show through final coat of paint until paint film is of uniform finish, color, and appearance, Give special attention to ensure that surfaces, including edges, comers, crevices, welds and exposed fasteners receive a dry film thickness equivalent to that offlat surfaces, 7, The term "exposed surfaces" includes areas visible when permanent or built-in fIXtures, convector covers, covers for finned tube radiation, grilles, and similar components are in place, Extend coatings in these areas as required to maintain the system integrity and provide desired protection, 8, Paint surfaces behind movable equipment and furniture same as similar exposed surfaces. Paint surfaces behind permanently fixed equipment or furniture with prime coat only before final installation of equipment. 9, Paint interior surfaces of ducts, where visible through registers or grilles, with a flat, nonspecular black paint. 10. Paint back sides of access panels and removable or hinged covers to match exposed surfaces, II. Finish exterior doors on tops, bottoms, and side edges same as exterior faces, 12, Sand lightly between each, succeeding enamel or varnish coat. .' 13. Omit primer on metal surfaces that have been shop-primed and touch up painted. B, Scheduling Painting: Apply first coat to surfaces that have been cleaned, pretreated, or otherwise prepared for painting as soon as practicable after preparation and before subsequent surface deterioration, time b;etw~en success,ve ccats to proper per man~facturer's less ~re rec-..=crrrnenJea 'ystem Ire rnanufacturer ~ unless otherWise recommended by the manufacturer, paints may be thinned :....;', immediately prior to application with an approved manufacturer's thinner and used only within recommended limits when necessary to suit conditions of surface temperature, weather and application methods. The use of thinner shall not relieve the Contractor from obtaining complete hiding, full film thickness, or required gloss, Paints of different manufacturers shall not be mixed, E. Mechanical Work: None. t DOUGLAS MILLER DeCHANT ARCHITECTS 26 SHEPHERD RESOURCES INC / AlA FREEDOM PARK RESTROOM FACILITY PROJECT #0426,06 PROJECT SPECIFICATION, November I, 2005 F. Prime Coats: Before application of finish coats, apply a prime coat of material as recommended by the manufacturer to material that is required to be painted or finished and has not been prime coated by others, Recoat primed and sealed surfaces where evidence of suction spots or unsealed areas in first coat appears, to assure a finish coat with no burn-through or other defects due to insufficient sealing, G. Pigmented (Opaque) Finishes: Completely cover to provide an opaque, smooth surface of uniform finish. color, appearance, and coverage. Cloudiness, spotting. holidays, laps, brush marks, runs, sags. ropiness, or other surface imperfections are not acceptable, H. Transparent (Clear) Finishes: Use multiple coats to produce a glass-smooth surface film of even luster, Provide a finish free of laps, cloudiness, color irregularity. runs, brush marks, orange peel, nail holes. or other surface imperfections, Provide satin finish for final coats, I. Completed Worle Match approved samples for color. texture, and coverage, Remove, refinish. or repaint work not in compliance with specified requirements, 3,04 CLEANING A Cleanup: At the end of each work day. completely remove empty cans, rags, tools. rubbish. and other discarded paint materials from the project site. B, Do not clean tools. brushes. applicators, etc. at the project site unless specifically authorized by the SDR. Do not use sinks in restrooms. janitors' closets, or in locations where food is prepared. C. Upon completion of painting. clean glass and paint-spattered surfaces, Remove spattered paint by washing and scraping. using care not to scratch or damage adjacent tinished surfaces. 3.05 PROTECTION .' A Protect work of other trades. whether to be painted or not, against damage by painting, Correct damage by cleaning. repairing or replacing, and repainting, as acceptable to the SDR, B, Provide "wet paint" signs to protect newly painted finishes, Remove temporary protective wrappings by Q!r-,ers for protection of their work after completion of painting operations. ',-.,.f ether traces, touch up ard y-estore or c;:::faC,~(j UI 2,06 Previde the "'or the '/arous substrates indicated, A, Painted wood, hardboard and composite wood products. ;\lkyd Finish: Two (2) finish coats over primer with total dry film thickness per manufacturer's recommendations, Primer: Exterior primer coating . DOUGLAS MILLER 27 SHEPHERD RESOURCES INC I AlA FREEDOM PARK RESTROOM FACILITY PROJECT #0426.06 PROJECT SPECIFICATION, November 1,2005 First coat: Alkyd enamel. color to be determined, Second coat: Alykd enamel, color to be determined, Color: To be determined, B, Stained wood. Exterior Stain Finishes; each face, surface and edge of all exterior wood timbers to be fully sealed prior to installation with the specified stains according to the manufacturer's instructions, Un-sealed wood exposed by field cutting. trimming or sanding to be sealed prior to installation. Particular care to be taken to assure all exterior wood material is back-primed and cut surfaces are sealed prior to installation, Provide two applications of semi-transparent stain, one application prior to installation and a second application after installation, l.AlI exterior wood timbers, Color: to be determined, C. Ferrous Metal: Primer is not required on shop-primed items, .L Alkyd Enamel: Two (2) finish coats over primer. I Primer: Rust-Inhibiting Primer First Coat: Alkyd Enamel Second Coat: Alkyd Enamel D, Galvanized Metal Alkyd Enamel: Two (2) finish coats over primer, Primer: Galvanized Metal Primer Fi rst Coat: Alkyd Enamel .' Second Coat: Alkyd Enamel 3.07 INTERIOR PAINT SCHEDULE General: Provide the following paint systems for the various substrates. as indicated, No l)Jleris r or SUrfaces, A ':eaier Ccat: Manufacturer's recommended pigmented sealer lntermediate Coat Polyamide Epoxy Finish Coat: Polyamide Epoxy Color: To be determined, I B. Gypsum Drywall Systems .' . , DOUGlAS MILLER ARCHITECTS SHEPHERD RESOURCES INC I AlA FREEDOM PARK RESTROOM FACILITY PROJECT #0426.06 PROJECT SPECIFICATION. November 1,2005 .L ~emi-Gloss Latex Enamel Finish: Three (3) coats with total dry film thickness per manufacturers I recommendations, Primer: Interior Latex-Based White Primer Intermediate Coat: Interior Semi-Gloss Latex Enamel Finish Coat: Interior Semi-Gloss Latex Enamel ~Ior: To be determined D, Woodwork and Hardboard Semi-Gloss Enamel Finish: Three (3) coats, Primer: Interior Latex Enamel Intermediate Coat: Interior Semi-Gloss Latex Enamel Finish Coat: Interior Semi-Gloss Latex Enamel t----~ -StaiAeeh::E.~tAanc Finish: Premittm-gFadc. tv.'o (2) coats over stain-oo open grain ,,;'Ood. ~ Saffl-(220 Grit) Stain Coat: Sol'v'Cnt Thinned Interior \^lo~ First Coat: Manufacturer's Recommended Sanding Scaler Second Coat Catal)'l?:ed PoI)'urdhanc F, Natural Finis~ ---PeftttFethanc Finish: Premium grade. tvI"O (2) ~nish coats on open grain wood, Sanding: Sand (220 Grit) FifSt-C--t>at: Marnifacttffef:.s-ReeOffiFAeAded-SaAd-iflg Scaler 5eEend-Eoa~'i~G--Peiyttre#1aFe Gf, Ferrous Metal I Two (2) coats over primer with total dry film thickness per manufacturer's I I ;Eccmmer.CJ.tiOns. Pnmer: 2, .Primer: .~ Shq4 pnmedtouch-upwith same.primer as specified in Section 081 10, .'j , . , DOUGLAS MILLER DeCHANT ARCHITECTS 29 SHEPHERD RESOURCES INC I AlA FREEDOM PARK RESTROOM FACILITY PROJECT #0426.06 PROJECT SPEClFIO\TION, November 1,2005 Finish: 2 coats ProMar 200 Interior Latex Gloss Enamel (@ 1,5 mil DFf 821 W 200 Series, Color to be determined, H, Zinc-Coated Metal Semi-Gloss Finish: Two (2) coats over primer, with total dry film thickness not less than 2,5 mils (0,064 mm), Primer: Galvanized Metal Primer Intermediate Coat: Interior Semi-Gloss Latex Enamel Finish Coat: Interior Semi-Gloss Latex Enamel DIVISION 10 - SPECIALTIES SECTION 10800 - TOILET ACCESSORIES All model numbers refer to products of 8radley Corporation, Products shall be equal to those specified. or an approved alternate, Letter designations refer to marks on the floor plar1, All stainless steel finish, unless noted otherwise. A. Toilet Paper Dispenser: #8-5402, surface mounted. 8, Combination towel dispenser/waste receptacle: #8-2017-10. semi-recessed mounted, C. Grab bar I: #8-812-001-42, concealed mounting. safety grip finish. D, Grab bar 2: #8-812-001-36, concealed mOlJnting. safety grip finish, E. Not used, F. Not used, G. Soap Dispenser: #8-6562, surface mounted, H. Baby changing station: 8-961, surface mounted. I. Mirror: 8-780-1830, 18" x 30". J, Towel dispenser: 8-2441-10, semi-recessed, TOilET PARTITIONS c"""F..J toiie~ el9dosures to "The t"letpar , as rfM.nufactured by ..;..'oJ,.lU Metpar Corporation, Stainless steel fittings, braCkets, door hinges, coat !locks, to be ,elecred from manufacturers standard palette, DiVISION - t\jOT <JSED " USED, L.. DIVISIOI\l i 3 - NOT USED, DIVISION /4 c.. Nor USED, DIVISION 15 - MECHANICAL SPECIFICATIONS '. , DOUGLAS MILLER ARCHITECTS SHEPHERD RESOURCES INC / AlA FREEDOM PARK RESTROOM FACILITY PROJECT #0426.06 PROJECT SPECIFICATION, November 1,2005 Refer to the mechanical drawings, DIVISION 16 - ELECTRICAL SPECIFICATIONS Refer to the electrical drawings.