REQUEST FOR PROPOSAL (RFP) Unified School District No. 501

Transcription

1 REQUEST FOR PROPOSAL / BP 16-17:04 TPS REQUEST FOR PROPOSAL (RFP) Unified School District No. 501 Bond Program: BP 16-17:04 Project: Location: Sheldon Child Development Center Storm Shelter/Pre-K Addition 1155 SW Seabrook Topeka, Kansas Architectural Consultant Purchasing Services Central Services Contact Stan Peterson, FAIA Deana Merryman Gerald Carter, AIA Peterson Architectural Group Director of Purchasing Architect Phone (785) Phone (785) Phone (785) stan@lpkarchitects.com Fax (785) Fax (785) dmerryman@tps501.org gcarter@tps501.org This document is written with the sole purpose of soliciting bids for the Sheldon Child Development Center Storm Shelter/Pre-K Classroom Addition. For purposes of definition, Board in this document refers to The Board of Education, Unified School District No. 501, Topeka Public Schools. This REQUEST FOR PROPOSAL is comprised of 640 pages (Vol. 1 of 2: 214 pgs; Vol. 2 of 2: 426 pgs,) of specifications including the cover page. Offers must be submitted on the enclosed Signature and Bid sheet(s). READ THIS REQUEST CAREFULLY This document is a Request For Proposal (RFP) and differs from a Request or Invitation for Bid (IFB). Offers will be evaluated based upon criteria formulated around the most important features of the requested service/product, of which quality, capability, availability, and past performance may be overriding factors. Award of this service may not be based entirely upon price. Refer to Section 4.12 of the RFP. Failure to abide by all of the conditions of this REQUEST FOR PROPOSAL (RFP) may result in the rejection of your offer. Inquiries about this RFP should be in writing, and directed solely to Deana Merryman, Director of Purchasing. If there are any questions or comments regarding the bid specifications or project details, contact Stan Peterson, Peterson Architectural Group, (785) , stan@lpkarchitects.com. Your interest in this solicitation is greatly appreciated. Volume 1 of 2 RFP -1

2 REQUEST FOR PROPOSAL / BP 16-17:04 TPS REQUEST FOR PROPOSAL (RFP) Topeka Public Schools - USD #501 IMPORTANT DATES PLEASE NOTE ONLY ONE PRE-BID MEETING IS SCHEDULED FOR THIS PROJECT. INTERESTED VENDORS SHOULD PLAN ON ATTENDING THIS MEETING ON THE SCHEDULED DATE AT THE SCHEDULED TIME IN ORDER TO SUBMIT A BID FOR CONSIDERTION. (Topeka Public Schools may schedule a second pre-bid meeting at our sole discretion if deemed necessary to obtain competitive bids. However, considerable time and resources are required for each pre-bid meeting, so a second one is not anticipated and should not be expected.) REQUIRED SITE VISIT / PRE-BID MEETING: Wednesday, September 21 st, 2016 at 10:00 A.M., meet at the main entrance of Sheldon Child Development Center, 1155 SW Seabrook, Topeka, KS A representative of the Operation and Maintenance Department is available on request to visit the job site with prospective bidders or to answer questions regarding intent of specifications. BID BOND: Required 5% of total bid if bid is $100,000 or more. Personal or Company Checks, Certified or Cashier s checks not accepted. Refer to Section 4.4 of the RFP. PERFORMANCE & PAYMENT BONDS: Will be required if project cost is $100,000 or higher RESPONSE DUE BY: Monday, October 10, 2016 at 2:00 P.M. SUBMIT OFFERS TO: Topeka Public Schools, Burnett Administration Center, Purchasing Services / Pod F, 624 SW 24 th Street, Topeka, KS FINAL AWARD BY: Friday, October 21, 2016 PURCHASE ORDER OR CONTRACTS ISSUED BY: Monday, October 24, 2016 DESIRED START DATE: Monday, November 3, 2016 DESIRED SUBSTANTIAL COMPLETION BY: October 31, 2017 Should the Contractor fail to complete all work by the date substantial completion, the District may retain the amount of $ for each day thereafter that the work is not complete and not accepted by the Owner. Volume 1 of 2 RFP -2

3 REQUEST FOR PROPOSAL / BP 16-17:04 TPS TABLE OF CONTENTS VOLUME 1 OF 2 Cover Page PG 1 IMPORTANT DATES PG 2 Table of Contents PG Terms and Conditions PGS Standard Contractual Provisions PGS Bidding Instructions PG General Provisions PGS Invitation to Bid PG Award PG Assignment PG Specification Form & Definition PG Contract Documents PG Contract Changes PG Bonds PG Insurance PG TPS Policy 2575 part III PGS Immigration Reform & Control PG Disadvantaged Business Enterprise (DBE) PG Debarment PG Non-Collusion PG Contractor s Responsibility PG Permits, Codes and Regulations PG Sales Tax Exemption PG Project Completion Certification PG Inspection of Premises Prior to Bidding PG Time of Completion PG Claims for Additional Time PGS Shop Drawings PG Materials & Workmanship PG Implied Requirements PG Payment PG Safety PG References PG General Specifications PG Scope of Project PG Scope of Work PG Contract Drawings 1 Page Pricing Sheet Signature Sheet Non-Collusion Affidavit 2 Pages 2 Pages 1 Page Division General Requirements Specifications Section A305 Contractor s Qualification Statement Section A Standard Form of Agreement Between Owner and Contractor Section A312 Payment Bond Section C Kansas Statutory Bond Section A312 Performance Bond Section A Special Conditions Section B A201 General Conditions Section Summary Section Allowances Section Alternates Section Contract Modification Procedures Section Payment Procedures Volume 1 of 2 RFP -3

4 REQUEST FOR PROPOSAL / BP 16-17:04 TPS Section A G702 Application & Certification for Payment Section B G703 Continuation Sheet Section C G706 Contractor s Affidavit of Payment of Debts & Claims Section D G706A Contractor s Affidavit of Release of Liens Section E G707 Consent of Surety to Final Payment Section Submittals Section Project Management & Coordination Section Construction Progress Documentation Section Quality Requirements Section References Section Construction Facilities & Temporary Controls Section Erosion Control Section Noise Control Section Field Offices & Sheds Section Product Requirements Section A Pre Bid Request for Substitution Section B Contractor s Statement of Conformance Section Execution Section Cutting & Patching Section Closeout Procedures Section A Final Lien Waiver Section B Asbestos-Free Letter Section D State of Kansas Project Completion Certificate Section Operations and Maintenance Data Section Project Record Documents Volume 1 of 2 RFP -4

5 REQUEST FOR PROPOSAL / BP 16-17:04 TPS Cover Page TABLE OF CONTENTS VOLUME 2 OF 2 Volume 1 of 2 RFP -5

6 REQUEST FOR PROPOSAL / BP 16-17:04 TPS END OF TABLE OF CONTENTS Volume 1 of 2 RFP -6

7 REQUEST FOR PROPOSAL / BP 16-17:04 TPS 1.0 TERMS AND CONDITIONS 1.1) REQUIRED REVIEW: Review this solicitation carefully. All Terms and Conditions, Standard Contractual Provisions, and General Provisions / Specifications as detailed in this REQUEST FOR PROPOSAL (RFP), as well as any Addendum(s) to the RFP, are understood to be, and considered part of any contractual agreement resulting from this proposal between Unified District No. 501 (dba Topeka Public Schools and also referred to as U.S.D. #501, the District, or Owner ) and the successful Contractor. 1.2) RESERVATIONS: The Board of Education reserves the right to cancel this REQUEST FOR PROPOSAL at any time and for any reason. The Board also reserves the right to reject any or all offers, to accept any item or items in an offer, and to waive any informality or immaterial defect in offers. 1.3) QUANTITIES: The Board reserves the right to increase or decrease the quantity of any item. Every effort has been made to provide an accurate estimate of desired quantities or usage, but it is understood quantities are indefinite until time of order. 1.4) PRICING: Prices quoted must remain firm for period of (45) days from Response Due date. Prices shall remain firm for the contract period. Prices quoted are to be the full purchase price to the District including charges of every kind and nature. 1.5) TAXES: Unified School District No. 501 is exempt from all federal and local taxes unless otherwise imposed by a governmental body and applicable to the items on the proposal. Reference K.S.A (c) governing items purchased directly by a public or private elementary or secondary school or educational institution. 1.6) EQUIVALENT ITEMS: Whenever a material, article or piece of equipment is identified in the specifications by reference to a manufacturer s or vendor s name, trade name, catalogs or model number, etc., it is intended to establish a standard, unless otherwise specifically stated. Any material, article or equipment of other manufacturers or vendors shall perform to the standard of the item specified. Equivalent items must be accompanied by sufficient descriptive literature and specifications to provide for detailed comparison. Samples or demonstrations, if required, will be furnished at no expense to the District. 1.7) DISCOUNTS: Cash discounts will not be considered in awarding a contract. Where cash discounts for prompt payment are offered, the discount period shall begin with the date of receipt of a correct invoice, or acceptance of final receipt of goods, whichever is later. 1.8) AWARD: Proposals will be analyzed and the award made to the lowest responsive and responsible provider whose offer conforms to the solicitation, and is considered the most advantageous to Unified School District No The District will issue a letter of intent to contract, and signed contract(s), as its notification of award to the successful bidder. Award shall be All or None. 1.9) NEW GOODS: Unless otherwise specified, all materials, supplies, articles or equipment offered by contractor must be new, and be the best of their respective kinds, free from defects in material or workmanship. Items will be subject to our inspection and approval. If a substitution is made at the time of delivery, it will be the decision of a Board of Education representative to determine if it is acceptable. 1.10) DELIVERY: Delivery of goods or materials to be F.O.B. stated location. All items must be properly packed and crated to insure delivery in good condition, and in accordance with any special instructions included in the REQUEST FOR PROPOSAL or purchase order. Volume 1 of 2 RFP -7

8 REQUEST FOR PROPOSAL / BP 16-17:04 TPS 1.0 TERMS AND CONDITIONS CONTINUED 1.11) REJECTED ITEMS: Rejected items will be held at the seller s risk and expense. Seller shall not provide replacement unless agreed to by a Board of Education representative. 1.12) PAYMENT: Contractor will submit pay application document AIA 702/703 by uploading to Submittal Exchange with appropriate lien waivers and other supporting documentation as outlined in Division 01 Specifications, no later than the 8 th of the month. Architect of Record and Program Manager will concurrently review applications for payment. Approved applications for payment will be submitted to TPS for processing and final approval and payment. TPS Board of Education normally approves payment of invoices on the first and third Thursdays of each month. Pay Applications will be submitted to the district on or before the 13th of the month for approval of payment by the Board on the 13 th day of the following month. Individual invoices must be issued for each shipment applied against a purchase order. 1.13) PATENT INFRINGEMENT: The supplier shall provide the standard patent infringement indemnity clause which shall hold and save the Board of Education and its officers, agents, servants, and employees, harmless from liability for use of any patented, or unpatented invention, process, article, or appliance manufactured, or used in the performance of the contract, including its use by the Board of Education. 1.14) INDUSTRY STANDARDS: Items must be furnished and performed in accordance with the best-established practices and standards recognized by the contracted industry and comply with all codes, regulations and governmental directives. 1.15) COMPETITION: The purpose of this solicitation is to seek competition. The contractor shall advise the Director of Purchasing Services if any specification, language or other requirement inadvertently restricts or limits bidding to a single source. Notification shall be in writing and must be received no later than five business days prior to the bid closing date. The Board reserves the right to waive minor deviations in the specifications if they do not hinder the intent of the solicitation. 1.16) CONTRACTS: Contracts entered into on the basis of submitted bids are revocable if contrary to law. All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of Kansas. All of the documents included in this REQUEST FOR PROPOSAL will be considered as part of any agreement entered into between Unified School District No. 501 and the successful vendor. 1.17) TERMINATION OF AGREEMENT: District may, without prejudice to any other right or remedy, and without penalty, serve 30 days written notice to Contractor of intention to terminate any agreement for any of the following reasons: Contractor refuses or fails to perform services as required; Contractor fails to furnish adequate (quantity or quality) equipment; Contractor fails to furnish adequate and properly trained service personnel. Contractor shall, within the 30-day notice period, have the right to correct any noticed violation to the satisfaction of the District. If the contract is cancelled due to Contractor s failure to perform, the District shall pay contractor only for services delivered and work performed up to the cancellation. In the event of cancellation, the District reserves the right to retain other qualified contractor(s) to fulfill requirements of contract. 1.18) TERMINATION DUE TO LACK OF FUNDING: If sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, Unified School District No. 501, Shawnee County, Kansas (USD # 501, Topeka Public Schools) may terminate this agreement at the end of its current fiscal year. USD # 501, agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. USD # 501 will pay to the contractor all regular contractual payments incurred through the end of such fiscal year. 1.19) SUBMITTALS: Offers may be mailed or delivered to Unified School District No. 501, Purchasing Services, 624 SW 24 th Street, Topeka, KS Envelopes containing offers must be sealed and clearly marked on the lower left hand corner with the firm name and address, quote name, and response due date and time. Offers must be submitted on the enclosed Signature and Bid Sheet(s). Volume 1 of 2 RFP -8

9 REQUEST FOR PROPOSAL / BP 16-17:04 TPS 2.0 STANDARD CONTRACTUAL PROVISIONS Important: This page contains mandatory contract provisions and must be incorporated in all copies of any contractual agreement. If it is attached to the vendor/contractor's standard contract form, then that form must be altered to contain the following provision: "The Provisions found in Contractual Provisions page, which is attached hereto, are hereby incorporated in this contract and made a part thereof." The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being the day of, ) Terms Herein Controlling Provisions: It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated. 2.2) Agreement With Kansas Law: All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of Kansas. 2.3) Termination Due To Lack Of Funding Appropriation: If sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, Unified School District No. 501, Shawnee County, Kansas (USD # 501, Topeka Public Schools) may terminate this agreement at the end of its current fiscal year. USD # 501, agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year; to take possession of any equipment provided USD # 501 under the contract. USD # 501 will pay to the contractor all regular contractual payments incurred through the end of such fiscal year. Upon termination of the agreement by USD # 501, title to any such equipment shall revert to contractor at the end of the USD # 501 current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to USD # 501 or the contractor. 2.4) Disclaimer of Liability: Neither USD # 501, Topeka Public Schools nor any agency thereof shall hold harmless or indemnify any contractor beyond that liability incurred under the Kansas Tort Claims Act (K.S.A et seq.). 2.5) Acceptance of Contract: This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given. 2.6) Responsibility for Taxes: USD # 501 is exempt from all federal, state and local taxes unless otherwise imposed by a governing body and applicable to the items on the proposal. USD #501 will not be responsible for, nor indemnify a contractor for taxes levied upon the subject matter of this contract. Volume 1 of 2 RFP -9

10 REQUEST FOR PROPOSAL / BP 16-17:04 TPS 2.0 STANDARD CONTRACTUAL PROVISIONS 2.7) Anti-Discrimination Clause: The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A et seq.) and the Kansas Age Discrimination in Employment Act (K.S.A et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C et seq.) (ADA) and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out at K.S.A and K.S.A ; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by USD # 501; (f) if it is determined that the contractor has violated applicable provisions of ADA, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by USD # 501. Parties to this contract understand that the provisions of this paragraph number 5 (with the exception of those provisions relating to the ADA) are not applicable to a contractor who employs fewer than four employees during the term of such contract or whose contracts with the contracting state agency cumulatively total $5,000 or less during the fiscal year of such agency. 2.8) Arbitration, Damages, Warranties: Notwithstanding any language to the contrary, no interpretation shall be allowed to find USD # 501 has agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency. Further, USD # 501 shall not agree to pay attorney fees and late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A ), and no provision will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose. 2.9) Insurance: USD # 501 shall not be required to purchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require USD # 501 to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A et seq.), the contractor or lessor shall bear the risk of any loss or damage to any personal property in which contractor or lessor holds title. 2.10) Representative s Authority To Contract: By signing this contract, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof. 2.11) Information: No provision of this contract shall be construed as limiting the Legislative Division of Post audit from having access to information pursuant to K.S.A et seq. 2.12) The Eleventh Amendment: The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not be reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment. Volume 1 of 2 RFP -10

11 REQUEST FOR PROPOSAL / BP 16-17:04 TPS 3.0 BIDDING INSTRUCTIONS 3.1) Preparation of Bid: Each bid must be legible and signed. Prices are to be entered in spaces provided on the Bid Sheet(s). Computations and totals shall be indicated where required. In case of error in computations or totals, the unit price shall govern. Responsive offers must include a completed Signature Sheet, completed Bid Sheet(s), and an acceptable form of Bid Bond. 3.2) Signature of Bids: Each bid shall include the complete mailing address of the contractor and be signed by an authorized representative by original signature with his or her name and legal title typed or printed below the signature line. Each bid shall include the contractor s Social Security Number or Federal Employer Identification Number. 3.3) Bid Bond: Each bid of $100,000 or more is to be accompanied by a Bid Bond in an amount equal to 5% of the total bid. Personal or Company checks, Cashiers or Certified checks are not acceptable. 3.4) Addenda: All contractors shall acknowledge receipt of any addenda to a Bid Request. Failure to acknowledge receipt of any addenda may render the bid non-responsive. Changes to a Request for Bid shall be made solely by a written addendum issued by the District Purchasing Services Department. Suppliers are asked to promptly notify Purchasing Services of any ambiguity, inconsistency, or error that they may discover after examining the Bid Documents. 3.5) Closing Date for Bids: All bids shall be received promptly by 2:00 P.M. Central Standard or Daylight Savings Time, whichever is in effect, on Thursday, June 23, Bids received prior to the closing date shall be secured and remain sealed until the closing date. Bids received after the closing date will not receive consideration and will remain sealed in the Purchasing Services Office. 3.6) Marking and Delivery of Bids: Bids shall be sealed securely in an envelope or other container and addressed as follows: Unified School District No. 501 Purchasing Services / Pod F 624 SW 24 th Street Topeka, Ks Return Signature and Bid Sheet(s) with Offer Please indicate in the lower left hand corner of the envelope your Firm s Name, Bid Name, Bid Number, and the Closing Date and Time. The District shall not be responsible for the premature opening of a bid or for the rejection of a bid that was not received prior to the closing date because it was not properly identified on the outside of the envelope or container. 3.7) Modifications of Bids: A contractor may modify a submitted bid any time prior to the deadline for receipt of bids. Modifications must be received in a sealed envelope or container with the Firm s Name, Bid Name, Bid Number, and the Closing Date and Time clearly marked. 3.8) Withdrawal of Bids: A bid may be withdrawn upon written request from the contractor to the Director of Purchasing Services prior to the closing date. 3.9) Bid Disclosure: At the time of closing, bid prices shall be made public information. Bid results may be obtained by attending the public bid opening or by obtaining the bid tabulation from Purchasing Services. The low bidder shall not be construed as meeting all specifications set out in the Request at the bid disclosure. Volume 1 of 2 RFP -11

12 REQUEST FOR PROPOSAL / BP 16-17:04 TPS 4.0 GENERAL PROVISIONS REQUEST FOR PROPOSAL Sheldon Child Development Center Storm Shelter / Pre K Classroom Addition 4.1) INVITATION TO BID You are invited to submit a sealed proposal for the Sheldon Child Development Center Storm Shelter / Pre- K Classroom Addition. You are invited to submit a bid for the associated Scope of Work. Bids shall be in accordance with the specifications set forth by the Topeka Public Schools. These proposals will be accepted in the office of the Director of Purchasing, Purchasing Services / Pod F 624 SW 24 th Street, Topeka, KS until 2:00 P.M., Monday, October 10 th, The proposals will be publicly opened at that time. If you are unable to submit a bid on this project and would like to remain on our bid list, please return a proposal stating this. If there are any questions or comments regarding the bid specifications or project details, contact Michael Wilson, Architect One, Inc. (785) , mtw@architectonepa.com. Because we are expending local tax dollars, Topeka Public Schools intends to utilize all resources available to complete this project the best way possible at the lowest possible price. 4.2) AWARD: All or None Bids will be analyzed and the award made to the lowest responsive, responsible bidder whose offer conforms to the solicitation, and is considered the most advantageous to Unified School District No Responsive means that a bid or proposal complies with all material aspects of the invitation or request. Responsible means that the vendor or bidder demonstrates the intent and ability to perform an awarded contract as required by law, District Policy 2575 and applicable Board policies and regulations. The District reserves the right to accept any proposal, which is deemed most favorable to its interest, and to reject any or all proposals which are not in the best interest of the District. The District will issue a purchase order, contract, or both as its notification of award to the successful bidder. Price, quality of materials offered, and contractors (and subcontractors) ability and experience in providing the requested materials and or service will be evaluated during award process. 4.3) ASSIGNMENT The Contractor shall not assign this contract or any part thereof, or any monies due or to become due there under, without the approval of the Owner, nor without the consent of the surety, unless the surety has waived its right to Notice of Assignment. 4.4) SPECIFICATIONS FORM & DEFINITION a) Contractor, wherever used in these specifications, shall mean the Company that enters into a contract with the Owner to perform this section of work. b) Provide means to furnish and install in a satisfactory working condition c) Mandatory in this contract document means mandated required to attend 4.5) CONTRACT DOCUMENTS The term Contract Documents refers to the invitation, specifications, addenda, alternates, plans or drawings, and proposal form enclosed or referred to herein, as well as the contract, and all are considered as a part of the contract documents. 4.6) CONTRACT CHANGES Changes or deviations from the contract documents; including those for extra or additional work must be submitted in writing for review by Architect of Record and Topeka Public Schools. No verbal Change Orders will be recognized. Refer to Section Contract Modification Procedures. Volume 1 of 2 RFP -12

13 REQUEST FOR PROPOSAL / BP 16-17:04 TPS 4.7) BONDS a) BID BOND Each bid of $100,000 or more is to be accompanied by a Bid Bond in an amount equal to 5% of the total bid. The bid bond may be in the form of: 1) A Bid Bond issued by a Surety Company Personal or Company Checks, Cashiers or Certified checks are not acceptable. Any bid bond accompanying a proposal, except that of the awarded bidder, will be promptly returned upon request. b) A Payment Bond is REQUIRED for all projects costing $100,000 or more. Upon acceptance of a proposal and execution of the contract, the successful Contractor shall file a Statutory or Labor and Materials Payment Bond to the owner (complying with K.S.A required for construction, reconstruction, and remodeling projects which exceed $100,000) in the amount of 100% of the contract price as security for the faithful performance of the contract and for the payment of all persons performing labor and furnishing materials, equipment, and supplies in connection with this contract. The payment bond shall be filed by the Contractor with the Clerk of the District Court of Shawnee County, Kansas, and the Contractor shall furnish the Owner with a copy of the payment bond bearing the written approval and filing stamp of the Clerk of the District Court. Furthermore, a copy of the receipt for filing for payment bond shall be supplied to the owner. Bond shall be with a surety company licensed to do business in the State of Kansas. c) A Performance Bond is REQUIRED for all projects costing $100,000 or more. Upon acceptance of a proposal and execution of the contract, the successful Contractor shall file a Performance Bond to the owner in the amount of 100% of the contract price as security for the faithful performance of the contract. The performance bond shall be filed by the Contractor with the Clerk of the District Court of Shawnee County, Kansas, and the Contractor shall furnish the Owner with a copy of the performance bond bearing the written approval and filing stamp of the Clerk of the District Court. Furthermore, a copy of the receipt for filing for the performance bond shall be supplied to the owner. Bond shall be with a surety company licensed to do business in the State of Kansas. 4.8) INSURANCE a) The Contractor shall furnish the Owner with a certificate of insurance as proof that the insurance herein described has been obtained. All insurance cost are to be paid by Contractor. b) Workmen s Compensation Insurance as required by law shall be obtained and maintained by the Contractor for all his employees at the project site for the duration of this contract. c) Public Liability and Property Damage Insurance shall be obtained and maintained by the Contractor for the duration of this contract. Public Liability Insurance in an amount of not less than $500, for injuries, including accidental death, to any one person and subject to the same limit for each person, in an amount of not less than $500, on account of one accident and Property Damage Insurance in an amount of not less than $100, shall be obtained and so maintained. d) Builder's Risk Insurance and Theft Insurance shall be maintained by the Contractor, except on Bond Funded Projects where the Owner will purchase the insurance in amount as deemed to be in the public interest that is described in Paragraphs 11.2 and 11.4 of AIA Document A201, 2007 Edition. 4.9) TOPEKA PUBLIC SCHOOLS POLICY (2575-PART III) FOR CONSTRUCTION, REMODELING & MAINTENANCE PROJECTS. A. Contractors are encouraged to utilize disadvantaged business enterprises, also known as minority-owned and women-owned business enterprises, as subcontractors and suppliers. When assessing bid responses for construction, alteration, or repairs under $20,000 the Board of Education will view inclusion of disadvantaged business enterprises, also known as minority-owned and women-owned business enterprises, as subcontractors and suppliers as a positive factor in awarding the contract. B. Every contractor who is the successful bidder on a contract for construction, reconstruction, remodeling, operations or maintenance of a Topeka Public Schools building or other facility, and all subcontractors hired or otherwise used by said contractor shall abide by all applicable Federal and Kansas laws and labor laws. A contract may be terminated or suspended at any time that Topeka Public Schools is Volume 1 of 2 RFP -13

14 REQUEST FOR PROPOSAL / BP 16-17:04 TPS presented with credible evidence that a contractor or subcontractor has violated the requirements of this policy. C. Contractors and subcontractors shall pay their employees not less than the minimum wage established by the Federal Fair Labor Standards Act. D. Contractors and subcontractors shall at all times maintain a safe and healthy working condition and abide by all applicable wage and hour regulations and prohibitions against child labor. Contractors and subcontractors working conditions shall conform to the standards set by the Federal OSHA or a similar state agency, whichever standards are more rigorous. E. Contractors and subcontractors are encouraged, but not required, to be registered with the Kansas Department of Commerce s Division of Workforce Services and to have a registered training program for Topeka Public Schools students and graduates. F. All contractors shall abide by the I.R.S. guidelines for subcontracting along with K.S.A If a contractor or subcontractor is found in violation of misclassifying workers as independent contractors, the contract shall be subject to immediate termination. G. The superintendent or his/her designees are hereby charged with the responsibility and authority to investigate all credible complaints relating to the substantial failure of a contractor or subcontractor to comply with the terms of this policy. H. A copy of this policy, or a reiteration of the terms and conditions thereof, shall be made a part of the construction specifications and standards of each and every contract and each and every subcontract let by a contractor. 4.10) IMMIGRATION REFORM & CONTROL All Contractors are expected to comply with the Immigration and Reform Control Act of 1986 (IRCA), as may be amended from time to time. This Act, with certain limitations, requires the verification of the employment status of all individuals who were hired on or after November 6, 1986, by the Contractor as well as any subcontractor or sub-subcontractor. The usual method of verification is through the Employment Verification (I-9) Form. With the submission of this bid, the Contractor hereby certifies without exception that Contractor has complied with all federal and state laws relating to immigration and reform. Any misrepresentation in this regard or any employment of persons not authorized to work in the United States constitutes a material breach and, at the State s option, may subject the contract to termination and any applicable damages. Contractor certifies that, should it be awarded a contract by the State, Contractor will comply with all applicable federal and state laws, standards, orders and regulations affecting a person s participation and eligibility in any program or activity undertaken by the Contractor pursuant to this contract. Contractor further certifies that it will remain in compliance throughout the term of the contract. At the State s request, the Contractor is expected to produce to the State any documentation or other such evidence to verify Contractor s compliance with any provision, duty, certification, or the like under the contract. Contractor agrees to include this Certification in contracts between itself and any subcontractors in connection with the services performed under this contract. 4.11) DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION The Board of Education of USD 501 has publicly expressed its intent that DBE contractors are encouraged to participate in Topeka Public schools construction and remodeling projects. If applicable, proposers on these projects should verify their status as a minority-owned business. Proposers should document the DBE contractors, if any, contacted in preparation of their proposals on these projects or intended to be used on these projects, if it is awarded. The successful bidder is required by law to observe the requirements of the Kansas Act Against Discrimination. Because we are expending local tax dollars, the Topeka Public Schools intends to utilize all resources available to complete these projects the best way possible at the lowest possible price. Volume 1 of 2 RFP -14

15 REQUEST FOR PROPOSAL / BP 16-17:04 TPS 4.12) DEBARMENT By submission of its response, the Contractor certifies that neither it nor its principals is presently debarred or suspended by any Federal Department or agency, including listing in the U.S. General Services Administration s List of Parties Excluded from Federal Procurement or Non-Procurement programs; of it the amount of this response is equal to in excess of $100,000, that neither it nor its principals nor its subcontractors receiving sub-awards equal to or in excess of $100,000 is presently debarred, suspended, proposed for debarment, declared in eligible or voluntarily excluded from participation in this transaction by any Federal department, agency or provision of law. Contractors responding to this RFP shall sign and submit the Debarment Certification form included in this document. If the Contractor is unable to certify any of the statements in this certification, the responder must attach an explanation to its response. 4.13) NON-COLLUSION Contractors responding to this RFP shall sign and submit the Non-Collusion Affidavit included in this document. The District may reject any submittal that does not include the required certification. 4.14) CONTRACTOR S RESPONSIBILITY a) The Contractor shall be wholly responsible under this contract for its faithful execution. b) The work shall be under the supervision of a competent person skilled in this work. Supervisors shall be at the project site at all times when work is in progress to receive instructions and give instructions to the individuals employed at work site. c) The Contractor shall be responsible for care and protection of the work and for all materials and apparatus on the project premises until the work is completed and accepted by the owner. d) Each bidder shall visit the project site to establish and verify all of the necessary labor, material(s) and equipment needs required to complete specified project. e) The Contractor shall clean up and remove all trash which has accumulated from and during the execution of the work and leave the premises ready for acceptance. f) Final acceptance of work shall be subject to the condition(s) that all systems, equipment, and apparatus operate satisfactorily. g) The Contractor shall ensure the District s Information Technology Department has notification a minimum of twenty-four (24) hours prior to any work being conducted that may disrupt a facilities network communications, telephone system, or electrical service. 4.15) PERMITS, CODES AND REGULATIONS a) Contractor shall provide work in accordance with applicable codes, rules, and regulations of Local, State, and Federal Government and other authorities having lawful jurisdiction. b) Contractor shall secure and pay for necessary permits and certifications of inspection required by governmental ordinances, laws, rules or regulations and keep a written record of all permits and inspection certificates and submit to Topeka Public Schools Operation Management with a request for final inspection. c) The Contractor shall give all notices and comply with all laws, codes, ordinances, rules, and regulations bearing on the conduct of the work specified. If the Contractor observes that the contract documents are at variance with any rules and regulations, they shall promptly notify the Owner in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances and regulations, and without such notice to the Owner, they shall bear all costs arising from violation. Volume 1 of 2 RFP -15

16 REQUEST FOR PROPOSAL / BP 16-17:04 TPS 4.16) SALES TAX EXEMPTION a) Materials and equipment incorporated into this project are exempt from payment of Kansas sales tax, and such sales tax shall be excluded from bidder s proposal. b) Owner will furnish Contractor with proper exemption certificate number within ten (10) days of contract date. Should Owner fail to furnish such exemption certificate number within a ten (10) day period, Owner shall reimburse Contractor monthly for all sales tax amounts for which he becomes liable until certificate number is furnished c) Upon receipt of a proper exemption certificate number, Contractor shall assume full responsibility for his proper use of certificate number and shall pay all costs of any legally assessed penalties for his improper use of exemption certificate number. d) Contractor will furnish exemption certificate number to all suppliers from whom purchases are made and require suppliers to execute invoices covering purchases bearing the number of such certificate. e) Contractor will furnish copies of all such invoices to the Owner prior to final settlement under the contract. 4.17) PROJECT COMPLETION CERTIFICATION Upon completion of the project, the Contractor must furnish a State of Kansas Project Completion Certification (form PR-77 from to the Owner. The Owner will retain this document in their files and record the actual date the project was completed online. All invoices must be retained by the Contractor for a period of five (5) years and are subject to audit by the Kansas Department of Revenue. 4.18) INSPECTION OF PREMISES PRIOR TO BIDDING PLEASE NOTE ONLY ONE PRE-BID MEETING IS SCHEDULED INTERESTED VENDORS SHOULD PLAN ON ATTENDING THIS MEETING ON THE SCHEDULED DATE AT THE SCHEDULED TIME IN ORDER TO SUBMIT A BID FOR CONSIDERATION. (Topeka Public Schools may schedule a second pre-bid meeting at our sole discretion if deemed necessary to obtain competitive bids. However, considerable time and resources are required for each pre-bid meeting, so a second one is not anticipated and should not be expected.) REQUIRED SITE VISIT / PRE-BID MEETING: Wednesday, September 21 st, 2016 at 10:00 A.M. Meet at the main entrance to Sheldon Child Development Center, 1155 SW Seabrook, Topeka, Kansas Attendance of the Pre-Bid Meeting is considered part of the requirements for submitting a responsive offer. Contractors submitting offers shall make adequate site visits to verify all project requirements are covered in their response. 4.19) TIME OF COMPLETION The work shall begin on or before Monday, November 3, The work shall be substantially complete by Tuesday, October 31, Should the Contractor fail to complete all work on or before the date of substantial completion, the District may retain the amount of $ for each day thereafter (except Sundays and holidays) that the Contract remains uncompleted. 4.20) CLAIMS FOR ADDITIONAL TIME a. If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. b. If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. Volume 1 of 2 RFP -16

17 REQUEST FOR PROPOSAL / BP 16-17:04 TPS c. Should the Contractor feel that Work was delayed by abnormal weather conditions; the Contractor may request a time extension to the Contract. Such claim shall be requested in writing to the Architect. Such Claim shall include full details and substantiating data to permit evaluation by the Architect and Owner, including, but not limited to, copies of the onsite logs, during the period in question. d. To be eligible for a time extension to the Contract for abnormal weather, the Contractor must have been prevented from working 50% or more of the Contractor s scheduled work effort for that day, and the work delayed must be critical to the timely completion of the Work. Should abnormal weather occur on a weekend or holiday day, when the Contractor was not scheduled in advance to work, no extension of time will be allowed for those days, since the Contractor experienced no actual delay to his Work on those days. Unless the Contractor gives prior notification to the Architect and Owner in writing of their intent to work on a weekend or holiday, no time extension will be allowed due to adverse weather on those days. e. Data from the National Climate Data Center of the National Oceanic and Atmospheric Administration shall be used to analyze the historic weather date and information of the NE Kansas area to determine, if the weather conditions in Topeka, Kansas could be considered abnormal, during the progress of the work of this Contract. f. Claims for additional time due to adverse weather conditions shall be documented and calculated as follows: 4.21) SHOP DRAWINGS a. Bad weather day means any calendar day in a month that a Contractor is unable to proceed with the stage or states of the Work that is scheduled for that day due to weather claims. b. If adverse weather conditions are the basis for a Claim for additional time, such claim shall be documented by data substantiating that weather conditions were abnormal for a period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. c. The average number of bad weather calendar days reasonably anticipated for each month are as follows: January 10; February 5; March 4; April 5; May 8; June 8; July 6; August 5; September 6; October 5; November 3; and December - 8. d. The Contractor will provide the Architect with a written monthly bad weather day report within five (5) days of the end of a month. If the Contractor fails to report bad weather days by five days from the end of a month, then it will be assumed that there were no bad weather days for that month. If requested, furnish four sets of shop drawings and manufacturer s color chart and cut sheets with complete instructions for preparation, installation, operation and maintenance. These drawings and instructions shall be prepared with specific instructions for this particular project as required. Shop Drawings include fabrication and installation Drawings, setting diagrams, schedules, patterns, templates and similar drawings. 4.22) MATERIALS AND WORKMANSHIP The Contractor shall perform all work and furnish all supplies and materials, machinery, equipment, facilities, and means necessary to complete all the work required by this Contract, within the time specified, in accordance with the provisions as specified. The Contractor shall be responsible for all work put in under these specifications and shall make good, repair and/or replace, at the Contractor s own expense, as may be necessary, any defective work, materials, etc., if in the opinion of the Owner said issue is due to imperfection in material, design, workmanship or Contractor fault. Volume 1 of 2 RFP -17

18 REQUEST FOR PROPOSAL / BP 16-17:04 TPS 4.23) IMPLIED REQUIREMENTS All and services not specifically mentioned in this Request For Proposal, but which are necessary to provide the functional capabilities described by the specifications, shall be included 4.24) PAYMENT Contractor will submit pay application document AIA 702/703 by uploading to Submittal Exchange with appropriate lien waivers and other supporting documentation as outlined in Division 01 Specifications. Architect of Record and Program Manager will concurrently review applications for payment. Approved applications for payment will be submitted to TPS for processing and final approval and payment. TPS Board of Education normally approves payment of invoices on the first and third Thursdays of each month. Upload pay applications to Submittal Exchange on or before the 13th of the month for approval of payment by the Board on the 13th day of the following month. 4.25) SAFETY Precautions shall be exercised at all times for the protection of all persons (including employees and visitors to job site) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and hazards shall be safe guarded. 4.26) REFERENCES Contractor shall provide references for recently completed (similar in scope) projects upon request from District. BIDS MUST BE SUBMITTED ON THE ENCLOSED FORM (S). PLEASE RETURN COMPLETED SIGNATURE AND BID SHEETS IN SEALED ENVELOPE. BIDS NOT PURSUANT TO THE CONDITIONS SET OUT IN THIS REQUEST MAY BE REJECTED. Volume 1 of 2 RFP -18

19 REQUEST FOR PROPOSAL / BP 16-17:04 TPS 5.0 SPECIFICATIONS 5.1) SCOPE OF WORK A. SUMMARY OF WORK The scope of the project is as follows: 1. General Information on the Project Site: This is an approximately 3,300 square foot classroom/storm shelter addition consisting of masonry bearing walls, precast slab roof structure and all other items related to school classrooms. This facility is currently a 2 story child development center. The building is small in scale, with 1 portable unit located on the site for additional classroom space. A Storm Shelter will be added, incorporating Pre K classrooms and support spaces within. 2. Base Bid No. 1: Renovation and Addition for the Topeka Center for Advanced Learning and Careers B. BASIC REQUIREMENTS Base Bid 1. The work covered by the Base Bid includes the furnishing of all labor, equipment, materials, and performance of all operations associated with the Scope of Work at the School noted herein, as shown on the drawings and as specified. 2. PROTECTION OF THE SITE: It is the Contractor s responsibility to protect the existing grounds of the each school s, or support buildings, campus, adjacent roofs to the project area and interior/exterior elements of each of the building(s) during the demolition and construction of this project. All damages to the roofs or interior/exterior elements of any school, or support, building are to be repaired at the Contractor s expense. 3. ADA ACCESSIBILITY ISSUES: All entry doors affected in this project are considered to be part of the ADA required accessible route serving the building(s) of each school or support facility. The Contractor is to ensure that this work allows continuous ADA access to all buildings at all times. Additionally each building(s) entry doors are to be considered to be part of the primary emergency egress route for students, faculty and staff exiting the building(s). Contractor is to work with Owner s facilities and local school staff to ensure that safe emergency egress routes are maintained during construction. The responsibility to maintain a fire watch or adjust the preplanned evacuation programs during construction remains the Owners responsibility. The use of open flame equipment for installation or demolition is strictly limited to exterior applications and subject to the Owner s hot work permits in all cases and instances. 4. The entire system at the school and education center shall be tested to ensure all devices are functioning as designed. Contractor shall provide all materials and labor to complete all projects per the plans. C. QUALIFICATIONS 1. The contractors responsible for Work under this section shall have completed a job similar in scope and magnitude within the last 3 years. The contractors shall employ an experienced, competent and adequate work force licensed in their specific trade and properly supervised at all times. Unlicensed workers and general laborers shall be adequately supervised to insure competent and quality workmanship required by the contract and all other rules, regulations, codes and practices. At all times the contractors shall comply with all applicable local, state, federal guidelines, practices and regulations. Contractor may be required to submit a statement of qualifications upon request before Volume 1 of 2 RFP -19

20 REQUEST FOR PROPOSAL / BP 16-17:04 TPS any final approval and selection. Failure to be able to comply with these requirements is suitable reason for rejection of a bid. D. LOCAL CONDITIONS 1. The contractor shall visit the site and determine the existing local conditions affecting the work required at the site. Failure to determine site conditions or nature of existing or new construction will not be considered a basis for granting additional compensation. 2. The Contractor is solely responsible for the placement and use of fall protection devices, barriers and other related safety measures required by Federal, State or City agencies regulations and codes. 3. Building Permits are the sole responsibility of the Contractor to procure from the City of Topeka. 4. All corridor walls are to be considered as rated fire walls. All new wiring passing through corridor walls are to be placed inside conduits as they pass through the actual walls. All openings in the wall (strictly associated with this project only) and conduit are to be sealed with a fire rated sealant. 5. All new wiring is to be self-supporting in its runs above ceilings, or placed in conduits to comply with code requirements. 6. Vertical chases do exist in various locations around the building(s). They are to be assumed to be filled with other utility services and not generally available for use with this project. New vertical runs, when required, are to be core drilled through the concrete floors, placed in conduits, sealed with fire rated sealants at the floor openings and placed adjacent to existing vertical chases or in obscure corners of rooms. New conduits and wire mould that are exposed in rooms are to be painted to match the color of each existing room. 7. Steam tunnels, boiler rooms, access passageways and the basement areas may be used as necessary. 8. Shop drawings are to be submitted, by the Contractor, to the Bond Program Manager and the USD 501 Campus Architect for review, comment and/or approval. These drawings and instructions shall be prepared with specific instructions for this particular project as required. E. PERFORMANCE 1. Final acceptance of work shall be subject to the condition(s) that all systems, equipment, and apparatus operate satisfactorily. 2. The contractor warrants to the owner the quality of material, equipment and workmanship under the specification division for a period of one year from and after completion of building project and acceptance by Owner Topeka Public Schools. F. CODES AND REGULATIONS 1. Provide work in accordance with applicable codes, rules, regulations of Local and State, Federal Government and other authorities having lawful jurisdiction. Volume 1 of 2 RFP -20

21 REQUEST FOR PROPOSAL / BP 16-17:04 TPS 5.2 CONTRACT DRAWINGS 5.2) RENOVATION PLANS Sheldon Child Development Center Storm Shelter / Pre K Classroom Addition SHELDON CHILD DEVELOPMENT CENTER GENERAL O-0.0 COVER F-1.0 CODE FOOTPRINT CIVIL C-1.0 C-2.0 OVERALL CITE PLAN & NOTES SITE PLAN ARCHITECTURAL A-1.0 DEMOLITION PLAN & NOTES A-2.0 FLOOR PLAN A-3.0 FINISH & DOOR SCHEDULE, CASEWORK A-4.0 ELEVATIONS A-5.0 BUILDING & WALL SECTIONS A-6.0 ENLARGED PLANS & DETAILS A-7.0 ROOF PLANS & DETAILS STRUCTURAL S-001 STUCTURAL GENERAL NOTES S-101 FOUNDATION & ROOF PLANS S-301 CONCRETE SECTIONS & DETAILS S-501 MASONRY SECTIONS & DETAILS MEP ME-1.1 M & E DEMO PLAN & SYMBOLS M-1.0 PLUMBING PLAN & DETIALS M-2.0 HVAC PLAN & DETAILS E-1.0 POWER PLAN & DETAILS E-2.0 LIGHTING PLAN & DETAILS E-3.0 IT PLAN & DETAILS Volume 1 of 2 RFP -21

22 TOPEKA PUBLIC SCHOOLS - USD#501 BID SHEET BP 16-17:04 Sheldon Child Development Center Storm Shelter / Pre-K Classroom Addition NAME OF FIRM SIGNATURE DATE: 1 SECTION 1 SHELDON CHILD DEVELOPMENT CENTER Base Bid Sheldon Storm Shelter / Pre-K Classroom Addition Lump Sum $ Base Bid Alternate No. 1: Replace Storm Drain System: Remove existing Add/Deduct Orangeburg pipe storm drain piping and replace with PVC piping as indicated on drawing sheets C-1 and C-2 and Section Storm $ Utility Drainage Piping of the specification. Alternate No. 1 Alternate No. 2: LED lighting: All fluorescent light fixtures are to be replaced with similar LED light fixtures as a part of this indicated on drawing sheet E-2: Floor Plan Alternate Lighting. Add/Deduct $ Alternate No. 2 TOTAL OF SECTION 1 BIDS (BASE BID PLUS ALTERNATES): $

23 SIGNATURE SHEET REQUEST FOR PROPOSAL: BP 16-17:04 Sheldon Child Development Center Storm Shelter/Pre-K Classroom Addition Execution of Proposal In compliance with the foregoing Request For Proposal and subject to all Terms and Conditions, Provisions, and Specifications thereof, the undersigned agrees, if this proposal is accepted, to furnish the service(s) and material(s) as requested. The signature below constitutes certification that: Required Bid Bond of 5% (if bid is $100,000 or more) is included - Bid Bond(s) ONLY The proposal was signed by an authorized representative of the firm The potential Contractor has determined the cost and availability of all materials and supplies associated with performing the services outlined All labor costs associated with this project have been determined, including direct and indirect costs The potential Contractor has inspected the location where work is to be performed, and is aware of the prevailing conditions associated with the requested services The potential Contractor is aware of and is able to satisfy requested project completion date The Contractor has no substantial conflict of interest sufficient to influence the bidding process The Contractor understands the District intends to award this contract All or None Addenda: The undersigned acknowledges receipt of the following addenda: #1( ) #2( ) #3( ) #4( ) None ( ) Legal Name of Firm or Corporation: Address: City, State & zip code: Federal ID #: Women or Minority Owned Business (Y/N) Telephone (800) Local Fax Authorized Signature Date Printed Signature Title Please Indicate Taxes Currently Registered for in Kansas: Corporate Income Tax ( ) Sales Tax ( ) Withholding Tax ( ) Compensating Use Tax ( ) None ( )

24 CERTIFICATION REGARDING IMMIGRATION REFORM & CONTROL REQUEST FOR PROPOSAL: BP 16-17:04 Sheldon Child Development Center Storm Shelter/Pre-K Classroom Addition All Contractors are expected to comply with the Immigration and Reform Control Act of 1986 (IRCA), as may be amended from time to time. This Act, with certain limitations, requires the verification of the employment status of all individuals who were hired on or after November 6, 1986, by the Contractor as well as any subcontractor or sub-subcontractor. The usual method of verification is through the Employment Verification (I-9) Form. With the submission of this bid, the Contractor hereby certifies without exception that Contractor has complied with all federal and state laws relating to immigration and reform. Any misrepresentation in this regard or any employment of persons not authorized to work in the United States constitutes a material breach and, at the State s option, may subject the contract to termination and any applicable damages. Contractor certifies that, should it be awarded a contract by the State, Contractor will comply with all applicable federal and state laws, standards, orders and regulations affecting a person s participation and eligibility in any program or activity undertaken by the Contractor pursuant to this contract. Contractor further certifies that it will remain in compliance throughout the term of the contract. At the State s request, Contractor is expected to produce to the State any documentation or other such evidence to verify Contractor s compliance with any provision, duty, certification, or the like under the contract. Contractor agrees to include this Certification in contracts between itself and any subcontractors in connection with the services performed under this contract. Signature, Title of Contractor Date

25 NON-COLLUSION AFFIDAVIT STATE OF KANSAS ) ) ss.: COUNTY OF SHAWNEE ) being first duly sworn, deposes and says: (Type or print name) that he or she is the of (Type or print title), who submits herewith ( Type or print name of company/firm) to Topeka Public Schools, Unified School District No. 501, the attached bid/proposal; that he or she is the person whose name is signed to the attached bid/proposal; that said bid/proposal is genuine; that the same is not sham or collusive; that all statements of fact therein are true; and that such bid/proposal was not made in the interest or behalf of any person, partnership, company, association, organization, or corporation not herein named or disclosed. Affiant further deposes and says: that the bidder/proposer has not directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interests of the public body which is to award the contract, or of any other bidder/proposer, or anyone else interested in the proposed contract; and that the bidder/proposer has not in any manner sought by collusion to secure for himself/herself/itself/themselves, an advantage over any other bidder/proposer. Affiant further deposes and says that prior to the public opening and reading of bids/proposals, said bidder/proposer: (a) did not, directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal; (b) did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder/proposer or anyone else would submit a false or sham bid, or that anyone should refrain from bidding or withdraw their bid/proposal; (c) did not, in any manner, directly or indirectly, seek by agreement, communication or conference with anyone to raise or fix the bid price of said bidder/proposer or of anyone else, or to raise or fix any overhead, profit or cost element of their price or of that of anyone else; (d) did not, directly or indirectly, submit their bid/proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association organization, bid depository, or to any member or agent, thereof, or to any individual or group of individuals, except to the awarding authority or to any person or person who have a partnership or other financial interest with said bidder/proposer in their business. Signed: Name: Title: Subscribed and sworn to (or affirmed) before me on this day of, 20, by, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public (Notarial Seal) WARNING: Bids will not be considered unless the affidavit hereon is fully executed including the affidavit of the notary and the notarial seal.

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41 STATUTORY BOND Bond No._ KNOW ALL MEN BY THESE PRESENTS: That the undersigned of as principal, and as surety and guarantor, are held and firmly bound unto the STATE OF KANSAS in the sum of _lawful money of the United States of America, for the payment of which well and truly to be made the said principal and surety hereby bind themselves and heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT, Whereas, the Principal has on the day of, entered into a written agreement with hereinafter called the Owner, for furnishing all tools, equipment, materials and supplies and performing all labor and incidentals thereto necessary in connection with. NOW, THEREFORE, if the Principal or the subcontractor or subcontractors of the Principal shall pay all indebtedness incurred for labor furnished, materials, equipment or supplies, used or consumed in connection with or in or about the construction of or in making such public improvements, then this obligation shall become null and void; otherwise, it shall remain in full force and effect. If the Principal or the Subcontractor or Subcontractors of the Principal fails to duly pay all indebtedness incurred for labor furnished, materials, equipment or supplies, used or consumed in connection with or in or about the construction of or in making such public improvements, then the Surety shall pay the same in any amount not exceeding the amount of this obligation, together with any interest as provided by law. The Surety further agrees that any persons to whom there is due any sum for such public improvements as hereinabove states, or said person s assigns or successors, may bring action on this bond for the recovery of said indebtedness; provided, that no action shall be brought on this bond after six (6) months from the completion of said public improvements. IN WITNESS WHEREOF, The said principal and the said surety have executed this bond the day of,. Principal Name:_ By: Surety Name: By: Attorney-in-Fact and Kansas Non-Resident Agent STATE OF KANSAS COUNTY This bond taken and approved by me this day of _, 20. Clerk of District Court of Shawnee County, Kansas

42 Topeka Public Schools, General Corporation USD 501 Topeka Public Schools 624 SW 24th Street, Topeka, KS Telephone Number:

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46 REQUEST FOR PROPOSAL: BP 16-17:04 1 SECTION SPECIAL CONDITIONS PART 1 - GENERAL 1.1 RELATIONSHIP TO GENERAL CONDITIONS AND SUPPLEMENTARY GENERAL CONDITIONS A. Should conflict occur between these Special Conditions and the General Conditions or Supplementary General Conditions, the requirements of the Special Conditions shall take precedence. B. Specification Form and Definitions 1 Contractor, wherever used in these specifications, shall mean the Company that enters into contact with the Owner to perform this section of work. 2. Provide means to furnish and install in a satisfactory working condition. 3. Mandatory in this contract document means mandated - required to attend. C. Changes or deviations from the contract documents, including those for extra or additional work, must be submitted in writing for review of the Architect and Owner. No verbal change orders will be recognized. Do not take any instruction regarding the conduct of the Work or make any changes in the Work based on conversations with any local school official. The Architect and/or the Owner s Project Manager are the only authorized representatives recognized to be able give directions to the Contractor or provide interpretation of the Contract Documents. 1.2 QUALIFICATIONS A. The contractor responsible for work under this section shall have completed a job of similar and magnitude within the last 3 years. The contractor shall employ an experienced, competent and adequate work force licensed in their specific trade and properly supervised at all times. Unlicensed workers and general laborers shall be adequately supervised to insure competent and quality work and workmanship required by this contract and all other regulations, codes and practices. At all times the contractors shall comply with all applicable local, state and federal guidelines, practices and regulations. Contractor may be required to submit a statement of qualifications upon request before any final approval and selection. Failure to be able to comply with these requirements is suitable reason for rejection of a bid. 1.3 QUALITY OF WORKMANSHIP / PERFORMANCE / COMPLETION INSPECTION A. The quality of workmanship shall be an important consideration in acceptance or rejection of Work. It is expected that the Contractor shall provide qualified workmen who can produce a first quality project. Work that fails to achieve a first quality standard shall be considered defective and rejected. Such Work shall be removed and replaced with new Work of first quality. Final acceptance of work shall be subject to the condition(s) that all systems, equipment, and apparatus operate satisfactorily as design and intended. Work shall include required adjustments of systems and control equipment installed under this specific division. B. On receipt of a request for inspection, the contractor must accompany School and District Representatives on a walk-through of project site to acknowledge job completion and satisfaction. 1.4 WARRANTY A. The Contractor warrants to the Owner that upon notice from them within a one year warranty period following date of final acceptance, that all defects that have appeared in materials and/or workmanship, will be promptly corrected to original condition required by contract documents at Contractor s expense. The above warranty shall not supersede any separately stated warranty or other requirements by law or by these specifications. SPECIAL CONDITIONS

47 REQUEST FOR PROPOSAL: BP 16-17: CONSTRUCTION SUPERINTENDENT RESPONSIBILITIES A. It is the intent of the Owner that this project be managed by a full-time Contractor's superintendent who functions primarily in a supervisory or management capacity. The superintendent shall not be a laborer who is expected to place concrete, finish concrete, operate construction equipment, install hardware, etc. Noncompliance with this provision will be cause for the Owner to immediately stop the Work until the Contractor can provide a supervisory or managing superintendent. 1.6 REMODELING INSTRUCTIONS A. The Contractor understands that this is a remodeling project and as such certain items cannot be fully illustrated nor explained without field observation. Thus, the Contractor has visited and examined the site and existing building in detail and made allowance for conditions that will affect the Work indicated or reasonably implied by the Drawings and these Specifications. Failure to determine site conditions or nature of existing or new construction will not be considered a basis for granting additional compensation. B. A representative of the Operation and Maintenance Department is available on request to visit the job site with prospective bidders or to answer questions regarding intent of specifications. Contact John Nesbitt (785) or Jerry Carter (785) to arrange additional site visits. 1.7 SUBSTITUTIONS A. The Contractor shall reimburse the Owner for the charges of the Architect and the Architect's consultants for evaluating each proposed substitute, whether or not the Architect accepts a proposed substitute. B. After Contract has been executed, the Owner and the Architect will consider a formal request for the substitution of products in place of those specified only under the conditions as herein specified. By making requests for substitutions, the Contractor: 1. Represents that the Contractor has personally investigated the proposed substitute product and determined that it is equal or superior in all respects to that specified, including construction, physical size, efficiency, utility aesthetic design, and color. 2. Represents that the Contractor will provide the same warranty for the substitution that the Contractor would for that specified. 3. Certifies that the cost data presented is complete and includes all related costs under this Contract except the Architect's redesign costs, and waives all claims for additional costs related to the substitution which subsequently become apparent. 4. Will coordinate the installation of the accepted substitute, making such changes as may be required for the Work to be complete in all respects. C. Requests must be accompanied by full description and technical data, including physical dimensions, operating characteristics, and any other information necessary for comparison. Requests shall be specifically noted as substitution requests, and otherwise submitted in accordance with submittal requirements. D. The Architect will be allowed a reasonable time within which to evaluate each proposed substitute. The Architect will be the sole judge of acceptability, and no substitute shall be ordered, installed or utilized without the Architect's prior written acceptance through approval of Shop Drawings, Change Order, or Supplementary Instruction. 1.8 ARCHITECT'S SELECTION AND REVIEW OF MATERIALS A. Where review by the Architect of material or equipment is required, obtain such review before procurement. SPECIAL CONDITIONS

48 REQUEST FOR PROPOSAL: BP 16-17:04 3 B. The aesthetic values of every material and installation, such as shape, proportion, texture, finish and color, will be an important consideration to the Architect and his decisions concerning same shall be final. C. There are two types of storefront finish colors indicated in these documents, Clear Anodized and Dark Bronze; nothing else will be allowed. Contractor is to include painting/staining in bid as necessary. 1.9 LIFE SAFETY REQUIREMENTS, PERMITS, INSPECTIONS, FEES A. The Contractor shall ensure that egress ways required by building codes remain fully accessible and 100% usable during the construction of the Work. B Contractor shall provide work in accordance with applicable codes, rules, and regulations of Local, State, and Federal Government and other authorities having lawful jurisdiction. C. The Contractor shall secure and pay for necessary permits and certifications of inspection required by governmental ordinances, laws, rules or regulations and keep a written record of all permits and inspection certificates and submit to Topeka Public Schools Operation Management with a request for final inspection CERTAIN ACTS PROHIBITED A. Conduct: 1. No obscene or vulgar language or lewd or unlawful behavior, alcohol, drugs, or drug paraphernalia, or possession of firearms will be allowed on the Owner s property at any time. Persons exhibiting such behavior, in the Owner s sole judgment, will be removed immediately from the premises and may not return to the Owner s property without written permission. 2. Contractors personnel are not permitted to have contact of any type with any student or employee of the Owner, or visitor or other person conducting business at the existing school on site. Contractors personnel may only have contact with Owner s designated representative(s). 3. Use of tobacco products is not allowed on the Owner s property at any time. B. The Contractor shall ensure that all individuals associated with the prosecution of the Work, shall not, while on the premises at any time: 1. Willfully or deliberately fail to comply with the specifications or general conditions of the construction contract; C. Violation of any of the above items is cause for persons exhibiting such behavior to be removed from premises and further participation in the Work. The Contractor will cooperate with the Owner and Architect, and the above items, to ensure compliance and the permanent removal of individuals not in compliance. PART 2 - (Not applicable) PART 3 - EXECUTION (Not applicable) END OF SECTION SPECIAL CONDITIONS

49 Document A201 TM 2007 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) Bond Program THE OWNER: (Name, Topeka Public legal status Schools, and General address) Corporation USD 501 Topeka Public Schools 624 SW 24th Street, Topeka, KS Telephone Number: THE ARCHITECT: (Name, legal status and address) Peterson Architectural Group 3542 SW Willowbrook Lane Topeka, KS Phone (785) TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) 1

50 INDEX (Topics and numbers in bold are section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, , , 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, , 3.18, 4.2.3, 8.3.1, 9.5.1, , , , 13.7, 14.1, 15.2 Addenda 1.1.1, Additional Costs, Claims for 3.7.4, 3.7.5, 6.1.1, , 10.3, Additional Inspections and Testing 9.4.2, 9.8.3, , 13.5 Additional Insured Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, , 8.3.2, Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid Aesthetic Effect Allowances 3.8, All-risk Insurance , Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7, 9.10, Approvals 2.1.1, 2.2.2, 2.4, 3.1.3, , , , , 4.2.7, 9.3.2, Arbitration 8.3.1, , , , 15.4 ARCHITECT 4 Architect, Definition of Architect, Extent of Authority 2.4.1, , 4.1, 4.2, 5.2, 6.3, 7.1.2, 7.3.7, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, , , 12.1, , , , , , , Architect, Limitations of Authority and Responsibility 2.1.1, , , , 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, , , , 5.2.1, 7.4, 9.4.2, 9.5.3, 9.6.4, , 15.2 Architect s Additional Services and Expenses 2.4.1, , , , , Architect s Administration of the Contract 3.1.3, 4.2, 3.7.4, 15.2, 9.4.1, 9.5 Architect s Approvals 2.4.1, 3.1.3, 3.5, , Architect s Authority to Reject Work 3.5, 4.2.6, , Architect s Copyright 1.1.7, 1.5 Architect s Decisions 3.7.4, 4.2.6, 4.2.7, , , , , 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, , 15.2, 15.3 Architect s Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, , 13.5 Architect s Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, Architect s Interpretations , Architect s Project Representative Architect s Relationship with Contractor 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, , 10.3, , 12, , 13.5, 15.2 Architect s Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, Architect s Representations 9.4.2, 9.5.1, Architect s Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, , 13.5 Asbestos Attorneys Fees , , Award of Separate Contracts 6.1.1, Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1, 5.2.1, Binding Dispute Resolution 9.7, , , , , , , , Boiler and Machinery Insurance Bonds, Lien , , Bonds, Performance, and Payment , 9.6.7, , , 11.4 Building Permit Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 2

51 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, , , , , Certificates of Inspection, Testing or Approval Certificates of Insurance , Change Orders 1.1.1, 2.4.1, 3.4.2, 3.7.4, , , , 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.6, 7.3.9, , 8.3.1, , , , , , , , Change Orders, Definition of CHANGES IN THE WORK 2.2.1, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, , Claims, Definition of CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, , , 15, 15.4 Claims and Timely Assertion of Claims Claims for Additional Cost 3.2.4, 3.7.4, 6.1.1, 7.3.9, , Claims for Additional Time 3.2.4, , 8.3.2, , Concealed or Unknown Conditions, Claims for Claims for Damages 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, , , , , , , Claims Subject to Arbitration , Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, , , 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, , , , Commencement of the Work, Definition of Communications Facilitating Contract Administration 3.9.1, Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 13.7, COMPLETION, PAYMENTS AND 9 Completion, Substantial 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, , 12.2, 13.7 Compliance with Laws 1.6.1, 3.2.3, 3.6, 3.7, , 3.13, 4.1.1, 9.6.4, , 11.1, 11.3, 13.1, 13.4, , , 13.6, , , , , Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, Consent, Written 3.4.2, 3.7.4, , , 4.1.2, 9.3.2, 9.8.5, 9.9.1, , , , 13.2, , Consolidation or Joinder CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of Construction Change Directives 1.1.1, 3.4.2, , 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, Construction Schedules, Contractor s 3.10, , , 6.1.3, Contingent Assignment of Subcontracts 5.4, Continuing Contract Performance Contract, Definition of CONTRACT, TERMINATION OR SUSPENSION OF THE , , 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1, , , Contract Documents, Copies Furnished and Use of 1.5.2, 2.2.5, 5.3 Contract Documents, Definition of Contract Sum 3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, , 9.6.7, 9.7, , , , , , Contract Sum, Definition of 9.1 Contract Time 3.7.4, 3.7.5, , 5.2.3, , 7.3.1, 7.3.5, 7.4, 8.1.1, 8.2.1, 8.3.1, 9.5.1, 9.7, , , , , Contract Time, Definition of CONTRACTOR 3 Contractor, Definition of 3.1, Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 3

52 Contractor s Construction Schedules 3.10, , , 6.1.3, Contractor s Employees 3.3.2, 3.4.3, 3.8.1, 3.9, , 4.2.3, 4.2.6, 10.2, 10.3, , , 14.1, Contractor s Liability Insurance 11.1 Contractor s Relationship with Separate Contractors and Owner s Forces , , 4.2.4, 6, , , Contractor s Relationship with Subcontractors 1.2.2, 3.3.2, , , 5, 9.6.2, 9.6.7, , , , Contractor s Relationship with the Architect 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, , 10.3, , 12, 13.5, , Contractor s Representations 3.2.1, 3.2.2, 3.5, , 6.2.2, 8.2.1, 9.3.3, Contractor s Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3.1, 6.1.3, 6.2, 9.5.1, Contractor s Review of Contract Documents 3.2 Contractor s Right to Stop the Work 9.7 Contractor s Right to Terminate the Contract 14.1, Contractor s Submittals 3.10, 3.11, , 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, , , , Contractor s Superintendent 3.9, Contractor s Supervision and Construction Procedures 1.2.2, 3.3, 3.4, , 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14, Contractual Liability Insurance , 11.2 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, , 6.1.3, Copies Furnished of Drawings and Specifications 1.5, 2.2.5, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, , 12.2 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of Costs 2.4.1, 3.2.4, 3.7.3, 3.8.2, , 5.4.2, 6.1.1, 6.2.3, , 7.3.7, 7.3.8, 7.3.9, , , , 11.3, , , , 13.5, 14 Cutting and Patching 3.14, Damage to Construction of Owner or Separate Contractors , 6.2.4, , , 10.4, , 11.3, Damage to the Work , 9.9.1, , , , , Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, , , , , , , Damages for Delay 6.1.1, 8.3.3, , 9.7, Date of Commencement of the Work, Definition of Date of Substantial Completion, Definition of Day, Definition of Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, , , , 15.2, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, , , , 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.3.1, 2.4.1, 3.5, 4.2.6, 6.2.5, 9.5.1, 9.5.2, 9.6.6, 9.8.2, 9.9.3, , Definitions 1.1, 2.1.1, 3.1.1, 3.5, , , , 4.1.1, , 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, , , , , Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2, Emergencies 10.4, , Employees, Contractor s 3.3.2, 3.4.3, 3.8.1, 3.9, , 4.2.3, 4.2.6, 10.2, , , , 14.1, Equipment, Labor, Materials or 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, , , 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, , , , , , Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 4

53 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5, 3.7.1, , 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, , Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, , , 14.3, , Failure of Payment , 9.7, , 13.6, , Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, , , , , , , Financial Arrangements, Owner s 2.2.1, , Fire and Extended Coverage Insurance GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials , 10.3 Identification of Subcontractors and Suppliers Indemnification 3.17, 3.18, , , , , , Information and Services Required of the Owner 2.1.2, 2.2, 3.2.2, , , 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.6.4, 9.9.2, , , 11.2, 11.4, , , , , Initial Decision 15.2 Initial Decision Maker, Definition of Initial Decision Maker, Decisions , , , , , , Initial Decision Maker, Extent of Authority , , , , , , , Injury or Damage to Person or Property , Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, , , 13.5 Instructions to Bidders Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, Instruments of Service, Definition of Insurance , 6.1.1, 7.3.7, 9.3.2, 9.8.4, 9.9.1, , 11 Insurance, Boiler and Machinery Insurance, Contractor s Liability 11.1 Insurance, Effective Date of 8.2.2, Insurance, Loss of Use Insurance, Owner s Liability 11.2 Insurance, Property , 11.3 Insurance, Stored Materials INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy Intent of the Contract Documents 1.2.1, 4.2.7, , , 7.4 Interest 13.6 Interpretation 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, Interpretations, Written , , Judgment on Final Award Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, , 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, , , , , , Labor Disputes Laws and Regulations 1.5, 3.2.3, 3.6, 3.7, , , 4.1.1, 9.6.4, 9.9.1, , , 11.3, , 13.4, , , , 14, , 15.4 Liens 2.1.2, 9.3.3, , , Limitations, Statutes of , 13.7, Limitations of Liability 2.3.1, 3.2.2, 3.5, , 3.17, , 4.2.6, 4.2.7, , 6.2.2, 9.4.2, 9.6.4, 9.6.7, , , , 11.2, , , Limitations of Time 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, , , 4.2.7, 5.2, 5.3.1, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, , , , , 12.2, 13.5, 13.7, 14, 15 Loss of Use Insurance Material Suppliers 1.5, , 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, Materials, Hazardous , 10.3 Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 5

54 Materials, Labor, Equipment and 1.1.3, 1.1.6, 1.5.1, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, , , 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, , , , , , Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, , 4.2.2, 4.2.7, Mechanic s Lien 2.1.2, Mediation 8.3.1, , , , , , 15.3, Minor Changes in the Work 1.1.1, , 4.2.8, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of Modifications to the Contract 1.1.1, 1.1.2, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, , Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.3.1, 2.4.1, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, , Notice 2.2.1, 2.3.1, 2.4.1, 3.2.4, 3.3.1, 3.7.2, , 5.2.1, 9.7, 9.10, , , , 13.3, , , 14.1, 14.2, , Notice, Written 2.3.1, 2.4.1, 3.3.1, 3.9.2, , , 5.2.1, 9.7, 9.10, , 10.3, , , , 13.3, 14, , Notice of Claims 3.7.4, , , 15.4 Notice of Testing and Inspections , Observations, Contractor s 3.2, Occupancy 2.2.2, 9.6.6, 9.8, Orders, Written 1.1.1, 2.3, 3.9.2, 7, 8.2.2, , 12.1, , , OWNER 2 Owner, Definition of Owner, Information and Services Required of the 2.1.2, 2.2, 3.2.2, , 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, , , 11.2, 11.3, , , , , Owner s Authority 1.5, 2.1.1, 2.3.1, 2.4.1, 3.4.2, 3.8.1, , , 4.1.2, 4.1.3, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, , , , , , , , , 14.3, 14.4, Owner s Financial Capability 2.2.1, , Owner s Liability Insurance 11.2 Owner s Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, , Owner s Right to Carry Out the Work 2.4, Owner s Right to Clean Up 6.3 Owner s Right to Perform Construction and to Award Separate Contracts 6.1 Owner s Right to Stop the Work 2.3 Owner s Right to Suspend the Work 14.3 Owner s Right to Terminate the Contract 14.2 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.2.5, 3.2.2, , 3.17, , Partial Occupancy or Use 9.6.6, 9.9, Patching, Cutting and 3.14, Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, , , , Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, , , 13.7, , Payment, Failure of , 9.7, , 13.6, , Payment, Final 4.2.1, 4.2.9, 9.8.2, 9.10, , , , , 13.7, , Payment Bond, Performance Bond and , 9.6.7, , 11.4 Payments, Progress 9.3, 9.6, 9.8.5, , 13.6, , PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, , 9.6.2, 9.6.3, 9.6.4, 9.6.7, PCB Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 6

55 Performance Bond and Payment Bond , 9.6.7, , 11.4 Permits, Fees, Notices and Compliance with Laws 2.2.2, 3.7, 3.13, , PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl Product Data, Definition of Product Data and Samples, Shop Drawings 3.11, 3.12, Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, , Progress Payments 9.3, 9.6, 9.8.5, , 13.6, , Project, Definition of Project Representatives Property Insurance , 11.3 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 3.2.3, 3.6, 3.7, , 3.13, 4.1.1, 9.6.4, 9.9.1, , 11.1, 11.4, 13.1, 13.4, , , 13.6, 14, , 15.4 Rejection of Work 3.5, 4.2.6, Releases and Waivers of Liens Representations 3.2.1, 3.5, , 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.8.2, Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.2, , 5.1.1, 5.1.2, Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.3, 5.3.1, 6.1.3, 6.2, 6.3, 9.5.1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, , Review of Contract Documents and Field Conditions by Contractor 3.2, , Review of Contractor s Submittals by Owner and Architect , , 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2, 2.3, 2.4, 3.5, 3.7.4, , 4.2.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, , 10.3, , , 13.4, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3.1, 10.1, 10.2, 10.4 Samples, Definition of Samples, Shop Drawings, Product Data and 3.11, 3.12, Samples at the Site, Documents and 3.11 Schedule of Values 9.2, Schedules, Construction 3.10, , , 6.1.3, Separate Contracts and Contractors 1.1.4, , , 4.2.4, 4.2.7, 6, 8.3.1, Shop Drawings, Definition of Shop Drawings, Product Data and Samples 3.11, 3.12, Site, Use of 3.13, 6.1.1, Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.4.2, , 13.5 Site Visits, Architect s 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, , 13.5 Special Inspections and Testing 4.2.6, , 13.5 Specifications, Definition of Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.11, , 3.17, Statute of Limitations 13.7, Stopping the Work 2.3, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, , Subcontractor, Definition of SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, , 4.2.3, 5.2.3, 5.3, 5.4, , Subcontractual Relations 5.3, 5.4, , 9.6, 9.10, , 14.1, Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3, 9.8, 9.9.1, , , Submittal Schedule , , Subrogation, Waivers of 6.1.1, Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 7

56 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, , 12.2, 13.7 Substantial Completion, Definition of Substitution of Subcontractors 5.2.3, Substitution of Architect Substitutions of Materials 3.4.2, 3.5, Sub-subcontractor, Definition of Subsurface Conditions Successors and Assigns 13.2 Superintendent 3.9, Supervision and Construction Procedures 1.2.2, 3.3, 3.4, , 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.7, 8.2, 8.3.1, 9.4.2, 10, 12, 14, Surety , 9.8.5, , , , Surety, Consent of , Surveys Suspension by the Owner for Convenience 14.3 Suspension of the Work 5.4.2, 14.3 Suspension or Termination of the Contract , 14 Taxes 3.6, , Termination by the Contractor 14.1, Termination by the Owner for Cause , 14.2, Termination by the Owner for Convenience 14.4 Termination of the Architect Termination of the Contractor TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, , , , , 13.5 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, , , , , Time Limits 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, , , 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, , 12.2, 13.5, 13.7, 14, , 15.4 Time Limits on Claims 3.7.4, , 13.7, Title to Work 9.3.2, Transmission of Data in Digital Form 1.6 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices , Use of Documents 1.1.1, 1.5, 2.2.5, , 5.3 Use of Site 3.13, 6.1.1, Values, Schedule of 9.2, Waiver of Claims by the Architect Waiver of Claims by the Contractor , , Waiver of Claims by the Owner 9.9.3, , , , , , Waiver of Consequential Damages , Waiver of Liens , Waivers of Subrogation 6.1.1, Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, , , 13.7 Weather Delays Work, Definition of Written Consent 1.5.2, 3.4.2, 3.7.4, , , 4.1.2, 9.3.2, 9.8.5, 9.9.1, , , , 13.2, , Written Interpretations , Written Notice 2.3, 2.4, 3.3.1, 3.9, , , 5.2.1, 8.2.2, 9.7, 9.10, , 10.3, , , , 13.3, 14, Written Orders 1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, , , Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 8

57 ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS THE CONTRACT DOCUMENTS The Contract Documents are enumerated in the Agreement between the Owner and the Contractor (hereinafter, the Agreement), and consist of the Agreement, Conditions of the Contract (General Conditions of the Contract for Construction, AIA Document A Edition, as revised, and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement, and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Contingency Change Order, (4) a Construction Change Directive or (5) a written order for a minor change in the Work issued by the Architect. The Contract documents shall include, in addition to the documents listed above, the Invitation to Bid, Instructions to Bidders, Bid Form, Geotechnical Engineering Reports and Addendum (the "Additional Documents") that were issued prior to taking bids on this project. In case of conflicts between the Contract Documents, the Contractor shall, unless directed otherwise in writing by the Owner, (i) provide the better quality or greater quantity of Work, or (ii) comply with the more stringent requirement, either or both in accordance with the Architect s interpretation, at no additional cost to the Owner. The terms and conditions of Section 1.1.1, however, shall not relieve the Contractor of any obligations set forth in Sections 3.2 and Titles of articles, sections, paragraphs and subparagraphs are for convenience only and neither limit nor amplify the provisions of the Contract itself. The use herein of the word "including, when following any general statement, term or matter, shall not be construed to limit such statement, term, or matter to the specific items or matters set forth immediately following such word or similar items or matters, whether or not the non-limiting language (such words as "without limitation" or "but not limited to" or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement, term or matter Whenever possible, each provision of the Agreement shall be interpreted in a manner as to be effective and valid under applicable law. If, however, any provisions of this Agreement, or any portion thereof, is prohibited by law or found invalid under any law, only such provision or portion thereof shall be ineffective, without any manner invalidating or affecting the remaining provisions of this Agreement or valid portions of such provisions, which are hereby deemed severable Each party hereto agrees to do all acts and things and to make, execute and deliver such written instruments as shall from time to time be reasonably required to carry out the terms and provisions of the Contract Documents Any specific requirement in the Contract that the responsibilities or obligations of the Contractor also apply to a Subcontractor is added for emphasis and is also hereby deemed to include a Subcontractor, Sub-subcontractor, Material or Equipment Supplier of any tier. The omission of a reference to a Subcontractor, Sub-subcontractor, Material or Equipment Supplier in connection with any of the Contractor s responsibilities or obligations shall not be construed to diminish, abrogate, or limit any responsibilities or obligations of a Subcontractor, Sub-subcontractor, Material or Equipment Supplier of any tier under the Contract Documents or the applicable subcontract THE CONTRACT The Contract Documents form the Contract for Construction. The Contract together with the performance bond and payment bond, if any, represent the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect s consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, (3) except as may be provided in the agreement between the Owner and the Architect, or (4) between any other persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect s duties THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor s obligations, including but not limited to: delivery, unloading, uncrating, assembling, setting-in-place, leveling, adjustment, completely installing and cleaning up of any debris. The Work may constitute the whole or a part of the Project. Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 9

58 The Work shall be in strict accordance with the Drawings and Specifications The Contractor shall thoroughly investigate all local trade jurisdictional rulings and shall be held completely responsible for the settlement of any disputes arising from the fabrication, installation, or completion of the Work THE PROJECT The project is the total construction described in the agreement of which the Work performed under the Contract Documents may be the whole or a part and may include construction by the Owner or by separate contractors THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services INSTRUMENTS OF SERVICE Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect s consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials INITIAL DECISION MAKER The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2 and certify termination of the Agreement under Section CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. In the event of a conflict or inconsistency in or among the Contract Documents, or between the Contract Documents and applicable codes in effect at the time the Contract Sum is bid or negotiated, the Contractor shall, unless directed otherwise in writing by the Owner, (i) provide the better quality or greater quantity of Work, or (ii) comply with the more stringent requirement, either or both in accordance with the Architect s interpretation, at no additional cost to the Owner. The terms and conditions of Section however, shall not relieve the Contractor of any obligations set forth in Sections 3.2 and Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings Reference to standard specifications of any technical society, organization, or association, or to codes of local or state authorities, shall mean the latest standard, code, specification, or tentative specification adopted and published at the date of bid taking, unless specifically stated otherwise The terms "this Contractor", "furnished under other sections", "included as parts of other sections", "related work in other sections" or similar description of segregation shall not be interpreted to limit responsibility of any particular party involved in the work. The limitations of any Subcontractor s work shall rest solely upon the agreement between the Contractor and the Subcontractor, regardless of where the work is called for in the Contract Documents. Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 10

59 1.3 CAPITALIZATION Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. 1.4 INTERPRETATION In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE The Architect and the Architect s consultants shall be deemed the authors of their respective Instruments of Service, including the Drawings and Specifications, and have transferred all common law, statutory and other reserved rights, including copyrights to the Owner. The Contractor, Subcontractors, Sub-subcontractors, and Material or Equipment Suppliers shall not own or claim a copyright in the Instruments of Service prepared by the Architect or the Architect s consultants The Contractor may retain one record set. All copies of Instruments of Service, except the contractor s record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Instruments of Service prepared by the Architect and the Architect s consultants, and copies thereof furnished to the contractor, are for with the sole use of this Project. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner. 1.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. 1.7 EXECUTION OF CONTRACT DOCUMENTS The Contract Documents shall be signed by the Owner and the Contractor. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Contract Documents and notify the Owner Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with the local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. Prior to the execution of the Contract, the Contractor and each Subcontractor shall evaluate and satisfy themselves as to the conditions and limitations under which the Work is to be performed, including without limitation, (i) the location, layout and nature of the Project site and surrounding areas, (ii) generally prevailing climatic conditions, (iii) anticipated labor supply and costs, (iv) availability and cost of materials, tools and equipment, and (v) other similar issues. ARTICLE 2 OWNER 2.1 GENERAL The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative, who shall have authority to represent the Owner with respect to all matters requiring the Owner s representation. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner s authorized representative The Owner shall furnish the Contractor within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of or enforce any mechanic s lien rights. Such information shall include a correct statement of the record, legal title to the property on which the Project is located, usually referred to as the site, and the Owner s interest therein. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner s payment obligations under the Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. 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60 Contract. The Owner shall furnish such evidence as a condition precedent to commencement of the Work. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals (including plan review fees), easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner s control and relevant to the Contractor s performance of the Work after receiving the Contractor s written request for such information or services The Contractor will be furnished, free of charge, Drawings and Project Manuals issued to bidders, during the bidding phase, that are returned to the Owner by unsuccessful bidders. The Contractor will be furnished, at its sole cost and expense, additional copies. 2.3 OWNER S RIGHT TO STOP THE WORK If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents or fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section OWNER S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period, after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, after such a seven-day period, give the Contractor a second written notice to correct such deficiencies within a three-day period. If the Contractor within such three-day period, after receipt of such second notice, fails to commence and continue to not correct such deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments, then or thereafter, due the Contractor the reasonable cost of correcting such deficiencies, including Owner s expenses and compensation for the Architect s additional services and expenses made necessary by such default, neglect or failure. If payments, then or thereafter due the Contractor, are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner The providing of communication, security, fire protection and vital power services without interruption is critical to the Owner s carrying out of its function of educating students. The Owner, because of the need to maintain communication, security, fire protection and vital power services, shall have the right, without first contacting the Contractor, to repair and restore such services if such services are disrupted, interfered with or terminated by the action of the Contractor or its subcontractors. The Contractor shall reimburse the Owner for costs the Owner incurs in repairing and restoring such services. 2.5 EXTENT OF OWNER S RIGHTS The rights stated in this Article 2 and elsewhere in the Contract Documents are cumulative and not in limitation of any rights of the Owner (i) granted in the Contract Documents, (ii) at law, or (iii) in equity In any event, the Owner shall not have control over, charge of, or any responsibility for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, notwithstanding any of the rights and authority otherwise granted to the Owner in the Contract Documents. Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. 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61 ARTICLE 3 CONTRACTOR 3.1 GENERAL The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor s authorized representative The Contractor shall perform the Work in accordance with the Contract Documents The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect s administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. Any errors, inconsistencies or omissions discovered by the Contractor shall be reported to the Architect and the Owner as a request for information in such form as the Architect or Owner may require. If the Contractor performs any construction activity knowing that it involves a recognized error, inconsistence or omission in the Contract Documents without such notice to the Architect, the Contractor shall thereby assume responsibility for performance and shall bear the attributable cost for correction..1 The exactness of grades, elevations, dimensions or locations given on any Drawings issued by the Architect, or the work installed by other contractors, is not guaranteed by the Architect or the Owner;.2 The Contractor shall, therefore, satisfy itself as to the accuracy of all grades, elevations, dimensions and locations. In all cases of interconnection of its Work with existing or other work, the Contractor shall verify at the site all dimensions related to such existing, or other work. Any errors due to the Contractor s failure to so verify all such grades, elevations, dimensions or locations shall be promptly rectified by the Contractor without any additional cost to the Owner..3 The Contractor may request a Change Order or Contingency Change Order if grades, elevations, dimensions or locations on any drawings issued by the Architect are found to be inaccurate or inexact, and a Change Order or Contingency Change Order shall be issued if the inaccuracy or inexactness of the Drawing causes a change in the Work not caused by the Contractor s obligation to find or discover such as described in Article 7 herein Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect and Owner in writing. While the Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, rules and regulations, any nonconformity discovered by or made known to the Contractor shall be reported promptly to the Architect and the Owner in writing If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor s notices or requests for information pursuant to Sections or 3.2.3, the Contractor shall make claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor s notices or requests for information pursuant to Sections or 3.2.3, the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided, if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. 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62 be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities; unless the Contractor recognized, or in the exercise of ordinary care, reasonably should have recognized such error, inconsistency, omission or difference and failed to report it in writing to the Architect or Owner Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES The Contractor shall supervise and direct the Work, using the Contractor s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract The Contractor shall be responsible to the Owner for acts and omissions of the Contractor, Contractor s employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. 3.4 LABOR AND MATERIALS Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work The Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. If the Contractor desires, at its option, to submit an alternate product or method in lieu of what has been specified or shown in the Contract Documents, the following provisions apply:.1 The Contractor must submit to the Architect and the Owner (i) a full explanation of the proposed substitution and submittal of all supporting data, including technical information, catalog cuts, warranties, test results, installation instructions, operating procedures and other like information necessary for a complete evaluation of the substitution; (ii) a written explanation of the reasons the substitution is advantageous and necessary, including the benefits to the Owner and the Work in the event the substitution is advantageous and necessary; (iii) the adjustment, if any, in the Contract Sum, in the event the substitution is acceptable; (iv) the adjustment, if any, in the time of completion of the Contract and the construction schedule in the event the substitution is acceptable; and (v) an affidavit stating that (a) the proposed substitution conforms to and meets all requirements of the pertinent Specifications and the requirements shown on the Drawings, and (b) the Contractor accepts the warranty and correction obligations in connection with the proposed substitution, as if originally specified by the Architect. Proposals for substitution shall be submitted in triplicate to the Architect and the Owner in sufficient time to allow no less than ten (10) working days for review. No substitutions will be considered or allowed without the Contractor s submittal of complete substantiating data and information as stated herein..2 Substitutions and alternates may be rejected without explanation and will be considered only under one or more of the following conditions: (i) the proposal is required for compliance with interpretation of code requirements or insurance regulations then existing; (ii) specified products are unavailable through no fault of the Contractor; (iii) subsequent information discloses the inability of specified products to perform properly or to fit in the designated space; (iv) the manufacturer/fabricator refuses to certify or guarantee the performance of the specified product as required; or (v) when in the best judgment of the Owner or the Architect a substitution would be substantially in the Owner s best interest in terms of cost, time or other considerations. Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 14

63 3. Whether or not the proposed substitution is accepted by the Owner or the Architect, the Contractor shall reimburse the Owner for any fees charged by the Architect or other consultants for evaluating each proposed substitution Products are generally specified by ASTM (American Society of Testing Materials) or other referenced standard, and/or by manufacturer s name and model number or trade name. When specified only by reference standard, the Contractor may select any product meeting this standard by any manufacturer. When several products or manufacturers are specified as being equally acceptable, the Contractor has the option of using any product and manufacturer combination listed The Contractor shall enforce strict discipline and good order among the Contractor s employees and all other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. 3.5 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new, unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, including substitutions not properly approved or authorized, materials, or equipment not conforming to these requirements, will be considered defective. The Contractor s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect or the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment The Contractor agrees to assign to the Owner at the time of final completion of the Work any and all manufacturer s warranties relating to materials and labor used in the Work and further agrees to perform the Work in such a manner as to preserve any and all such manufacturer s warranties Warranties.1 Warranties, which are standard manufacturer s warranties provided by a manufacturer, shall be received by the Contractor, filled out completely and filed with the company for the Owner. Certificates or registration stubs shall be included with the Shop Drawings submitted to the owner upon completion of the Work..2 In the event that an item must be operated prior to substantial completion of the Project, that particular item s warranty period may commence earlier than substantial completion, if approved in writing by the Owner. If not approved by the Owner, the warranty period is to be unchanged. Documentation regarding this item must be included in the AIA Document G704 Certificate of Substantial Completion..3 When written warranties are presented, the document shall include the following information: (i) Name and address of the Project and the Owner; (ii) Article and material or system covered; (iii) Name and address of installing Contractor; (iv) Name and address of prime contractor; (v) Signature of individual authorized to sign contracts for the company issuing the warranty..4 Provide the following extended warranties: (i) minimum of five (5) years on air conditioning compressors; (ii) minimum of two (2) years on variable frequency drives; (iii) minimum of ten (10) years on gas/heat exchanger equipment with warranty expiration date; (iv) minimum of three (3) years on automated system controls; (v) minimum of twenty (20) years on new roof systems..5 Mark all equipment with warranty expiration date in large print using black permanent marker in an area that is easily visible to maintenance personnel. Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 15

64 3.6 TAXES The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect Material and equipment incorporated into this Project are exempt for the payment of sales tax, under the laws of the State of Kansas, and such sales tax shall not be included in the proposal of the Bidder. Excise tax or hidden tax shall be paid by the Contractor and be included in the Bid The Owner will furnish to the Contractor, for the Contractor s use and distribution to sub-contractors and material and equipment suppliers, a sales and compensating tax exemption certificate number issued by the State of Kansas for construction of this project Upon issuance of a proper exemption certificate to the Contractor, the Contractor shall assume full responsibility for its own proper use of the certificate and shall pay the cost of any legal assessed penalties relating to the Contractor s improper use of the exemption certificate. The Contractor shall comply with all statutes of the State of Kansas related to sales tax exemption. If the Contractor fails to comply and a sales tax exemption is not issued, the Contractor shall be responsible for and shall pay any sales tax that is due without cost to the Owner Upon completion of the project, the Contractor must furnish a State of Kansas project completion certification to the Owner and the Kansas Department of Revenue, Business Tax Bureau, Robert B. Docking State Office Building, Topeka, Kansas The document is required, before the Owner will make final payment All invoices must be retained by the Contractor(s) for a period of five (5) years and are subject to audit by the Kansas Department of Revenue. 3.7 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS Unless otherwise provided in the Contract Documents, the Contractor shall secure, pay for and, as soon as possible, furnish the Owner with copies or certificates of all permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work, including, without limitation, all building permits. All connection charges, assessments or inspection fees, as may be imposed by any municipal agency or utility company, are included in the Contract Sum and shall be the Contractor s responsibility The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. The Contractor shall procure and obtain all bonds required of the Owner or the Contractor by the municipality, in which the Project is located, or any other public or private body with jurisdiction over the Project. In connection with such bonds, the Contractor shall prepare all applications, supply all necessary backup material and furnish the surety with all required personal undertakings. The Contractor shall also obtain and pay all charges for all approvals for street closings, utility relocations and other similar matters as may be necessary or appropriate from time to time for the performance of the Work It is not the Contractor s responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. If the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and the Owner in writing, and necessary changes shall be accomplished by appropriate Modification. If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction Concealed or Unknown Conditions: If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide written notice to the Owner and the Architect, before conditions are disturbed and in any event no later than 2 days after the first observance of the conditions. The Architect will promptly investigate such conditions, and if the Architect determines that they differ materially and cause an increase or decrease in the Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 16

65 Contractor s cost of, or time required for performance of any part of the Work, the Architectwill recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Architect s determination or recommendation, that party may proceed as provided in Article If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and the Architect in writing. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed in writing by the Owner, but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article ALLOWANCES The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection Unless otherwise provided in the Contract Documents,.1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts;.2 Contractor s costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and.3 Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section and (2) changes in Contractor s costs and other expenses under Section Materials and equipment under an allowance shall be selected by the Owner in sufficient time to avoid delay in the Work. 3.9 SUPERINTENDENT The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site, during performance of the Work. The superintendent shall be satisfactory to the Owner. So long as the superintendent remains employed by the Contractor or any related entity, the superintendent shall not be replaced without the Owner s prior written consent. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the name and qualifications of a proposed superintendent. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to the proposed superintendent or (2) that the Architect requires additional time to review. Failure of the Architect to reply within the 14 day period shall constitute notice of no reasonable objection The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner s consent, which shall not unreasonably be withheld or delayed CONTRACTOR S CONSTRUCTION SCHEDULES The Contractor, promptly after being awarded the Contract, and prior to the submission of the first application for payment, shall prepare and submit for the Owner s and Architect s information a Contractor s construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents; shall be Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 17

66 revised at appropriate intervals as required by the conditions of the Work and Project; shall be related to the entire Project to the extent required by the Contract Documents; and shall provide for expeditious and practicable execution of the Work The Contractor shall prepare and keep current, for the Architect s approval, a schedule of submittals, which is coordinated with the Contractor s construction schedule and allows the Architect reasonable time to review submittals The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect When the construction schedule exceeds twelve (12) months on a Project or the Project Bid exceeds Two Million Dollars ($2,000,000), the construction schedule shall be in a detailed precedence-style critical path management ("CPM") or primavera-type format satisfactory to the Owner and the Architect. It shall also (i) provide a graphic representation of all activities and events that will occur, during the performance of the Work; (ii) identify each phase of construction and occupancy; (iii) set forth dates that are critical in ensuring the timely and orderly completion of the Work in accordance with the requirements of the Contract Documents (hereinafter, referred to as "Milestone Dates"). Upon review and acceptance by the Owner and the Architect of the Milestone Dates, the construction schedule shall be deemed part of the Contract Documents as though fully set forth therein. If not accepted, the construction schedule shall be promptly revised by the Contractor in accordance with the recommendations of the Owner and the Architect and resubmitted for acceptance. The Contractor shall monitor the progress of the Work for conformance with the requirements of the construction schedule and shall promptly advise the Owner, in writing, of any delays or potential delays. The accepted construction schedule shall be updated to reflect actual conditions (sometimes referred to as "progress reports") as set for in Section , or if requested by either the Owner or the Architect. In the event, any progress report indicates any delay, the Contractor shall propose an affirmative plan to correct the delay, including overtime and/or additional labor, if necessary. In no event shall any progress report constitute an adjustment to the Contract Time, any Milestone Date, or the Contract Sum, unless any such adjustment is agreed to by the Owner, in writing, and authorized, pursuant to a Change Order In the event the Owner determines that the performance of the Work, as of a Milestone Date, has not progressed or reached the level of completion required by the Contract Documents, the Contractor, upon such determination, shall take corrective measures necessary to expedite the progress of construction, which may include, without limitation: (i) working additional shifts or overtime; (ii) supplying additional manpower, equipment and facilities; and (iii) other similar measures (hereinafter, referred to as "Extraordinary Measures"). Such Extraordinary Measures shall continue, until the progress of the Work complies with the state of completion required by the Contract Documents. The Owner s right to require Extraordinary Measures is solely for the purpose of ensuring the Contractor s compliance with the construction schedule..1 The Contractor shall not be entitled to an adjustment in the Contract Sum in connection with Extraordinary Measures required by the Owner under or pursuant to Section The Owner may exercise the rights furnished to the Owner under or pursuant to Section as frequently as the Owner deems necessary to ensure that the Contractor s performance of the Work will comply with any Milestone Date or completion date set forth in the Contract Documents The Owner shall have the right to direct a postponement or to reschedule of any date or time for the performance of any part of the Work that may interfere with the operation of the Owner s premises or any tenants or invitees thereof. The Contractor shall, upon the Owner s request, reschedule any portion of the Work affecting the operation of the premises during the hours, when the premises are not in operation. Any postponement, rescheduling or performance of the Work, under section , may be grounds for an extension of the Contract Time, if permitted under Section 8.3.1, and for an equitable adjustment in the Contract Sum, if (i) the performance of the Work was properly scheduled by the Contractor in compliance with the requirements of the Contract Documents, and (ii) such rescheduling or postponement is required for the convenience of the Owner The Contractor shall include an allowance of time in any and all schedules to allow for the potential effects of adverse weather on the progress of the Work typically experienced in the NE Kansas Topeka, Kansas area. Only those effects of adverse weather that exceed the ten (10) year average for the NE Kansas Topeka, Kansas area will be considered as weather delay change orders. Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 18

67 3.11 DOCUMENTS AND SAMPLES AT THE SITE The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed SHOP DRAWINGS, PRODUCT DATA AND SAMPLES Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action The Contractor shall review for compliance with the Contract Documents, and shall approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with the submittal schedule approved by the Architect with reasonable promptness and in such sequence that would not cause any delay in the Work or in the activities of the Owner or of separate contractors. Submittals, which are not marked and reviewed for compliance with the Contract Documents and approved by the Contractor, may be returned by the Architect without action By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect s approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal, and (1) the Architect has, with prior approval of the Owner, given written approval to the specific deviation as a minor change in the Work or (2) a Change Order or Construction Change Directive has been issued, authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect s approval thereof The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice, the Architect s approval of a resubmission shall not apply to such revisions The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering, unless such services are specifically required by the Contract Documents for a portion of Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 19

68 the Work or unless the Contractor needs to provide such services in order to carry out the Contractor s responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, who shall, at no additional cost to the Owner, provide professional liability insurance issued by an insurance carrier authorized to do business in the State of Kansas. The type of coverage provided by the policy and the amount of coverage provided by the policy shall meet the same insurance coverage requirements imposed by the Owner upon the Architect for this Project. Signature and seal of the licensed design professional shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional s written approval, when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed by such design professionals. Pursuant to Section , the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents, except as required by Section USE OF SITE The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, by lawful orders of public authorities, and by the Contract Documents and, the Contractor shall not unreasonably encumber the site with materials or equipment Only materials and equipment that are used directly in the Work shall be brought top and stored on the Project site by the Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction materials and equipment store at the Project site from weather, theft, damage and all other adversity is solely the responsibility of the Contractor. The Contractor shall ensure that the Work is at all times performed in a manner that affords reasonable access, both vehicular and pedestrian, to the site of the Work and all adjacent areas. The Work shall be performed, to the fullest extent reasonably possible, in such a manner that public areas adjacent to the site of the Work shall be free from all debris, building materials and equipment likely to cause hazardous conditions The Contractor and any entity for whom the Contractor is responsible shall not erect any sign on the Project site, except signs required by the Owner that identify the Owner s Project and except for small reasonable signs that identifies the Contractor which may be placed upon job trailers. However, the Contractor will be allowed to erect safety signs required by the Contractor s safety program Without limitation of any other portion of the Contract Documents, the Contractor shall use best efforts to minimize any interference with occupancy or beneficial use of (i) any areas and buildings adjacent to the site of the Work and (ii) the building in the event of partial occupancy, as more specifically described in Section 9.9. The Contractor shall not permit any workers to use lavatories or toilets in any existing facilities at the Project site. Without prior written approval of the Owner, the Contractor shall not permit any workers to use any other existing facilities at the Project site including, without limitation, entrance and parking areas other than those designated by the Owner The use of the site by the Contractor includes keeping all existing and temporary emergency exit routes, partitions, doors, walks, roadways and other means of internal and external egress from and access to the facility and site by emergency personnel and vehicles open, at all times, for safe all-weather passage of all persons through the entire construction site to areas of safe refuge away from the construction site Field offices and facilities shall be provided by the Contractor on-site, unless expressly eliminated by the Owner in the Scope of Work. The following requirements shall be followed:.1 The Contractor shall furnish and maintain in good condition, during the progress of the Work, a field office facility for the use of the Contractor and the Architect. The field office shall contain a table or other flat surface on which to review plans and specifications. This facility shall remain the property of the Contractor..2 The field office shall be weather-tight, with lighting, electrical outlets, heating, cooling and/or ventilating equipment and shall be equipped with sturdy furniture and a drawing display table. Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. 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69 .3 The Contractor shall keep a complete set of drawings, general conditions of the Contract, supplementary conditions, specifications, addenda, change orders, shop drawings, monthly Project schedule updates and any supplemental drawings or written instruments, pertaining to the construction of the Project at the field office location, for use by all workers, the Owner and Architect CUTTING AND PATCHING The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor s consent to cutting or otherwise altering the Work CLEANING UP The Contractor shall keep the premises, adjacent streets, parking lots and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract on a daily basis. Paved roads, adjacent to and within the Project site, used for access to and from the site are to be kept clean on an hourly basis when the construction site is muddy, snowy or icy. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor s tools, construction equipment, machinery, and surplus materials from and about the Project If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and Owner shall be entitled to reimbursement from the Contractor ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located Keys and/or secured access cards shall be issued to the Contractor as per Section The Contractor shall provide the Owner with a (24) twenty-four hour notice prior to working non-school hours Use of illegal drugs, alcohol or tobacco products is prohibited on Owner s property No firearms, ammunition or explosive devices can be brought, by the Contractor, Subcontractor, Sub-subcontractor, Equipment or Material Supplier, onto the Owner s property, grounds or school facility for any purpose, or at any time, either on one s person, in a vehicle or in a package without the Owner s prior written approval of the material and the method to which it will be used ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, a process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. If the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss, unless such information is promptly furnished in writing to the Architect and to the Owner INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect s consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, or anyone directly or indirectly employed by them or anyone for Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 21

70 whose acts they may be liable. This indemnification does not include indemnifying the Indemnitees from negligence or intention acts or omissions committed by an Indemnitee. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity, which would otherwise exist as to a party or person described in Section In claims against any person or entity indemnified under Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers compensation acts, disability benefit acts or other employee benefit acts The Contractor s indemnity obligations under Section 3.18 shall also specifically include, without limitation, all fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorney s fees), arising out of or in connection with any (i) violation of or failure to comply with any law, statute, ordinance, rule, regulation code or requirement of a public authority that involves Work performed by the Contractor, the Contractor s subcontractor or any person or entity for whom either is responsible; (ii) means, methods, procedures, techniques or sequences of execution or performance of the Work; and (iii) failure to secure and pay for permits, fees, approvals, licenses and inspections as required under the Contract Documents, or any violation of any permit or other approval of a public authority applicable to the Work by the Contractor, a subcontractor or any person or entity for whom either is responsible. ARTICLE 4 ARCHITECT 4.1 GENERAL The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture in the jurisdiction, where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect s authorized representative. Any reference in the Contract Documents to the Architect s taking action or rendering a decision within a "reasonable time" is understood to mean no more than fifteen (15) calendar days Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. The Architect will advise and consult with the Owner If the employment of the Architect is terminated, the Owner shall employ a new architect, whose status under the Contract Documents shall be that of the Architect. 4.2 ADMINISTRATION OF THE CONTRACT The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner s representative, (1) during construction, (2) until the date the Architect issues the final Certificate for Payment, (3) with the Owner s concurrence, from time to time, during the one-year period for correction of the Work described in Article 12, Correction of Work. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor s operations or as otherwise agreed by the Owner and the Architect (1) to become familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine if the Work is being performed in a manner in accordance with the Contract Documents. The Architect will neither have control over or charge of, nor be responsible for the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor s rights and responsibilities under the Contract Documents, except as provided in Section On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 22

71 deficiencies observed in the Work. The Architect will not be responsible for the Contractor s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work, unless the acts or omissions causing injury or damage result from or are caused by the Architect s negligence or failure to comply with the agreement between the Owner and the Architect COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION Except as otherwise provided in the Contract Documents the Owner and Contractor shall initially endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect s consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. The Contractor will, at the direction of the Architect, attend periodic meetings with the major subcontractors, building principal, Project Plan Manager and the Owner s Construction Review Member assigned to the Project Based on the Architect s evaluations of the Work as provided in Subparagraph and on the data comprising the Contractor s Applications for Payment, the Architect will review and certify the amounts due the Contractor, and will issue Certificates for Payment in such amounts The Architect will reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections and , whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect and the Owner to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work The Architect will review and approve, or take other appropriate action upon, the Contractor s submittals, such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect s action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect s professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details, such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect s review of the Contractor s submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and The Architect s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect s approval of a specific item shall not indicate approval of an assembly of which the item is a component The Architect will prepare Change Orders, Contingency Change Orders and Construction Change Directives, and may, with prior approval of the Owner, authorize minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; to receive and forward to the Owner, for the Owner s review and records, written warranties and related documents required by the Contract and assembled by the Contractor, and issue a final Certificate for Payment, upon compliance with the requirements of the Contract Documents If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect s responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives, if any, shall be as set forth in an exhibit to be incorporated in the Contract Documents. Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 23

72 The Architect will initially interpret and decide matters, concerning performance and requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in compliance with Section 4.2, then delay shall not be recognized on account of failure by the Architect to furnish such interpretations, until fifteen (15) days after written request is made for them Initial interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents, and will be in writing or in the form of drawings. When making such initial interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either, and will not be liable for results of interpretations or decisions rendered in good faith The Architect s decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents The Architect will review and respond to requests for information about the Contract Documents. The Architect s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS A Subcontractor is a person or entity, who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative, agent or employee of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor A Sub-subcontractor is a person or entity, who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative, agent or employee of the Sub-subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK Mechanical and electrical Subcontractors, who perform the mechanical and electrical portion of the Work shall be the mechanical and electrical Subcontractors identified on the Bid Form at the time Bids are submitted and shall not be changed thereafter. Mechanical and electrical Subcontractors shall be preapproved, and shall be listed with the Owner as a qualified mechanical or electrical contractor Except for the mechanical and electrical Subcontractors, who shall be identified in the Bid Form and otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable, after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect will promptly reply to the Contractor in writing stating whether the Owner or the Architect has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reasonable objection The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed, but rejected, Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued, before commencement of the substitute Subcontractor s Work. However, no increase in the Contract Sum or Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 24

73 Contract Time shall be allowed for such change, unless the Contractor has acted promptly and responsively in submitting names as required The Contractor shall not substitute a Subcontractor, person or entity previously selected, if the Owner or Architect makes reasonable objection to such substitution. 5.3 SUBCONTRACTUAL RELATIONS By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor s Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor, so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. The Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors shall be similarly required to make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that.1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and.2 assignment is subject to the prior rights of the surety, if any, obligated under a bond, or bonds, relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor s rights and obligations under the subcontract Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor s compensation shall be equitably adjusted for increases in cost, if any, resulting from the suspension Upon such assignment to the Owner under Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor s obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS The Owner reserves the right to perform construction or operations related to the Project with the Owner s own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these Conditions of the Contract, including those portions related to insurance and waiver of subrogation When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement The Owner shall provide for coordination of the activities of the Owner s own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to the construction schedule and performance requirements deemed necessary, after a joint review and Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 25

74 mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner, until subsequently revised Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner s own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and The Contractor accepts assignment of and liability for all purchase orders and other agreements for procurement of materials and equipment that are identified as part of the Contract Documents. The Contractor shall be responsible for such prepurchased items, if any, as if the Contractor was the original purchaser. The Contract Sum includes, without limitation, all costs and expenses in connection with delivery, storage, insurance, installation and testing of items covered in any assigned purchase orders or agreements. All warranty and correction of the Work obligations under the Contract Documents shall also apply to any prepurchased items, unless the Contract Documents specifically provide otherwise. 6.2 MUTUAL RESPONSIBILITY The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor s construction and operations with theirs as required by the Contract Documents If part of the Contractor s Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner s or separate contractor s completed or partially completed construction is fit and proper to receive the Contractor s Work, except as to defects not then reasonably discoverable The Owner shall be reimbursed by the Contractor for costs incurred by the Owner that are payable to a separate contractor due to the Contractor s delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor regarding delays, improperly timed activities, damage to the Work or defective construction of a separate contractor The Contractor shall promptly remedy damage wrongfully cased by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section OWNER S RIGHT TO CLEAN UP If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 GENERAL Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Contingency Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents A Change Order or Contingency Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work, subject to the Owner s prior approval, may be issued by the Architect alone Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Contingency Change Order, Construction Change Directive, or the order for a minor change in the Work. Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 26

75 7.2 CHANGE ORDERS A Change Order or Contingency Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect stating their agreement upon all of the following:.1 The change in the Work;.2 The amount of the adjustment, if any, in the Contract Sum (a Contingency Change Order does not require an adjustment to the Contract Sum); and.3 The extent of the adjustment, if any, in the Contract Time Methods used in determining adjustments to the Contract Sum, include those listed in Section "Contingency Change Order," when used in the Contract Documents means a Change Order or Change orders that do not exceed the Contingency Amount. The Contingency Amount shall not be included in the Base Bid amount, but will be included in the total Contract Sum. The Contingency Amount is set forth in the Instructions to Bidders "Change Order," when used in the Contract Documents, means a Change Order or Change Orders that requires an increase in the Contract Sum or an increase in the Contract Time. 7.3 CONSTRUCTION CHANGE DIRECTIVES A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on the payment to be made from the Contingency Amount or an adjustment, if any, in the Contract Sum or Contract Time, or a combination thereof. The Owner may order changes in the Work by Construction Change Directive, without invalidating the Contract, within the general scope of the Contract consisting of additions, deletions or other revisions; the payment form; the Contingency Amount; the Contract Sum, or Contract Time being adjusted accordingly A Construction Change Directive shall be used in the absence of total agreement on the terms of a Contingency Change Order or a Change Order If the Construction Change Directive provides for an adjustment to the payment to be made from the Contingency Amount or to the Contract Sum, the adjustment shall be based on one of the following methods:.1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation;.2 Unit prices stated in the Contract Documents or subsequently agreed upon;.3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or.4 As provided in Section (Paragraph deleted) Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect in writing of the Contractor s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed payment to be made from the Contingency Amount, or the proposed adjustment in the Contract Sum or Contract Time A Construction Change Directive signed by the Contractor indicates the Contractor s agreement therewith, including any adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective, immediately, and shall be recorded as a Change Order If the Contractor does not respond promptly or disagrees with the method for adjustment in the payment to be made from the Contingency Amount or in the Contract Sum, the method and the adjustment shall be determined on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of payment from the Contingency Amount or an increase in the Contract Sum a reasonable allowance for overhead and profit. In such case, and also under Section , the Contractor shall keep and present, in such form as the Architect or Owner may prescribe, an itemized accounting together with appropriate supporting data. Unless Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 27

76 otherwise provided in the Contract Documents, costs for the purposes of Section shall be limited to the following:.1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers compensation insurance;.2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed;.3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others;.4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and.5 Additional costs of supervision and field office personnel directly attributable to the change. (Paragraph deleted) Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Contingency Change Order or a Change Order, whichever is appropriate, indicating the parties agreement part or all of such costs. For any portion of such costs that remain in dispute the Architect will make an interim determination for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article When the Owner and Contractor agree with a determination made by the Architect concerning the payment from the Contingency Amount or adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon such, such agreement shall be effective, immediately, and shall be recorded by preparation and execution of an appropriate Contingency Change Order or Change Order, whichever is appropriate. 7.4 MINOR CHANGES IN THE WORK The Architect has authority to order minor changes in the Work not involving adjustment in the payment in the Contingency Amount or adjustment in the Contract Sum or extension of the Contract Time that are not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. 7.5 AGREED OVERHEAD AND PROFIT RATES For any adjustment in the payment from the Contingency Amount (does not include Contingency Amount included in the original total Contract Sum) or an adjustment in the Contract Sum that are based on other than unit prices method, the Contractor agrees to charge and accept as payment for overhead and profit, the following percentages of cost attributable to the change in the Work:.1 Ten percent (10%) for Work by the Prime Contractor, including all labor, material, equipment and subcontractors;.2 Twelve percent (12%) for work by the Subcontractor, including all labor, material and equipment;.3 When both additions and credits are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any. ARTICLE 8 TIME 8.1 DEFINITIONS Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work Owner s receipt of Contract Bonds and Insurance will constitute the Notice To Proceed with Construction and will also be indicated in the Agreement. The Architect will issue a letter of "Notice to Proceed" upon approval of the contract by the Owner. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 28

77 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.2 PROGRESS AND COMPLETION Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by unavoidable casualties or other causes beyond the Contractor s control, or by delay, the Contract Time shall be extended by a Change Order to the extent such delay will prevent the Contractor from achieving Substantial Completion within the Contract Time. If the performance of the Work is not, was not or would not have been delayed by any other cause, the Contractor is not entitled to an extension in the Contract Time under the Contract Documents. The Contractor further acknowledges and agrees that adjustments in the Contract Time will be permitted for a delay only to the extent such delay (i) is not caused or could not have been anticipated by the Contractor, (ii) could not be limited or avoided by the Contractor s timely notice to the Owner of the delay or reasonable likelihood that a delay will occur, and (iii) is of a duration not less than one (1) day Claims relating to time shall be made in accordance with applicable provisions of Article 15. (Paragraph deleted) ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents Refer to Claims Filing Dates to Owner s Business Office. 9.2 SCHEDULE OF VALUES Within ten (10) days of the date the Notice of Award of Bid is received, before the first Application for Payment, and if necessitated by Change Orders, from time to time thereafter, the Contractor shall submit to the Architect and Owner a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Architect and Owner may require. This schedule, when, and only when, approved in writing by the Architect and the Owner, shall be used as a basis for reviewing the Contractor s Applications for Payment. The schedule shall be completed on A.I.A. form G APPLICATIONS FOR PAYMENT At least ten (10) days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment, for operations completed in accordance with the schedule of values, consisting of one (1) original and three (3) copies of A.I.A. forms G702 & G703, notarized and supported by such data substantiating the Contractor s right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage, if any, as provided elsewhere in the Contract Documents As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 29

78 Such applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay Five percent (5%) of the certified amount of the completed work and stored material shall be held as retainage from each payment. Retainage will not be reduced, until the project has been approved for final completion and has received final certificate of occupancy from the local building code officials, unless expressly approved by the Owner in writing. However, if the Contractor is still performing work on the Project, the Owner may withhold that portion of the retainage attributable to such work until thirty (30) days, after such work is completed. (Notwithstanding the above, if the Contractor has failed to meet the terms of the Contract, is not performing according to schedule, shows poor workmanship or other issues.) The Owner may increase retainage up to ten percent (10%) by providing the Contractor with written notification that the retainage is being increased to increased to ten percent (10%). Such written notification shall state the reasons the retainage is being increased to ten percent (10%). The ten percent (10%) retainage requirement shall be effective as of the date written notification of the increase is provided to the Contractor Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in writing and in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner s title to such materials and equipment or otherwise protect the Owner s interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor s knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT The Architect will, within seven days after receipt of the Contractor s Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect s reasons for withholding certification in whole or in part as provided in Section The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect s evaluation of the Work and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect s knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to corrections of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor s right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION The Architect will withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect s opinion the representations to the Owner required by Section cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount, if any, for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 30

79 such extent as may be necessary in the Architect s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of.1 defective Work not remedied;.2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor;.3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment;.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;.5 damage to the Owner or another contractor;.6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or.7 persistent failure to carry out the Work in accordance with the Contract Documents When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld If the Architect withholds certification for payment under Section , the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Architect will reflect such payment on the next Certificate for Payment. 9.6 PROGRESS PAYMENTS After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect Upon receipt of the Certificate of Payment, the Owner shall make payment thereof, during the following month The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor s portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, and A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 31

80 9.7 FAILURE OF PAYMENT If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor s Application for Payment, or if the Owner does not pay the Contractor within seven days, after the date established in the Contract Documents, the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor s reasonable costs incurred for shut-down, delay and start-up, plus interest as provided for in the Contract Documents If the Owner is entitled to reimbursement or payment from the Contractor under or pursuant to the Contract Documents, such payment shall be made promptly upon demand from the Owner. Notwithstanding anything contained in the Contract Documents to the contrary, if the Contractor fails to promptly make any payment due the Owner, or if the Owner incurs any costs and expenses to cure any default of the Contractor or to correct any defective Work, the Owner shall have an absolute right to offset such amount, against the Contract Sum and may, in the Owner s sole discretion, elect either to (i) deduct an amount equal to that which the Owner is entitled from any payment then or thereafter due the Contractor from the Owner, or (ii) issue a written notice to the Contractor reducing the Contract Sum by an amount equal to that which the Owner is entitled The Architect is entitled to reimbursement or payment from the Contractor under certain circumstances as described below:.1 Review by the Architect of Shop Drawings, Product Data items, samples and similar submittals submitted by the Contractor that exceed the reasonable number of revisions for such documents that would be expected to be provided by an Architect under the circumstances involved in the Project..2 Visits to the site by the Architect over the duration of the Project, during construction that are necessitated, due to the Contractor, that exceed the number of visits to the site that the Architect would reasonably be expected to make for the Project..3 Inspections by the Architect for any portion of the Work to determine whether or not such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents that are caused by acts of the Contractor that exceed the number of inspections that an Architect should reasonably be expected to make for this project. 4. Inspections by the Architect for any portion of the Work to determine final completion that exceed the number of inspections that the Architect would reasonably be expected to make under the facts and circumstances that existed at the time of Substantial Completion of the Project. 5. Responses to the Contractor s request for information by the Architect, when such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior correspondence or documentation. 6. Evaluation of an extensive number of Claims by the Architect that are submitted by the Contractor in correction with the Work. 7. Contract administration services provided by the Architect sixty (60) days after the date of Substantial Completion of the Work. 8. Change Orders and Construction Change Directives caused by the Contractor requiring evaluation of proposals by the Architect, including preparation of revisions of Instruments of Service caused by the Contractor. 9. Evaluation of an extensive number of Claims by the Architect that are submitted by the Contractor and the making of subsequent revisions to the Instruments of Services therefrom. Payments to the Architect under Section shall be paid to the Owner, who shall pay the Architect after deducting expenses of the Owner in collecting such payments. Compensation to the Architect in connection with work performed under Section shall be calculated in conformance with Section of the Standard Form of Agreement between Owner and Architect with Standard Form of Architect s Services, AIA Document B and Document B , as revised for this project, copies of which may be obtained from the Owner s representative. 9.8 SUBSTANTIAL COMPLETION Substantial Completion is the stage in the progress of the Work, when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use; provided that as a condition, precedent to Substantial Completion, the Owner has received all Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. 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81 certificates of occupancy and any other permits, approvals, licenses and other documents from any governmental authority having jurisdiction thereof necessary for the beneficial occupancy of the Project When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents Upon receipt of the Contractor s list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect s inspection discloses any item, whether or not included on the Contractor s list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner will consider reduction of the retainage withheld, if and as provided elsewhere in the Contract Documents. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE The Owner may occupy or use any completed or partially completed portion of the Work at any stage, when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence, whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing, concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section The Contractor shall comply with the specifications, regarding partial occupancy or use. Consent by the Contractor to partial occupancy or use shall not be unreasonably withheld in case where such consent is not addressed in the specifications. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents FINAL COMPLETION AND FINAL PAYMENT Upon receipt of the Contractor s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect s knowledge, information and belief, and on the basis of the Architect s on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 33

82 Contractor and noted in the final Certificate is due and payable. The Architect s final Certificate for Payment will constitute a further representation that conditions listed in Section as precedent to the Contractor s being entitled to final payment have been fulfilled All warranties and guarantees required under or pursuant to the Contract Documents shall be assembled and delivered by the Contractor to the Architect as part of the final Application for Payment. The final Certificate for Payment will not be issued by the Architect, until all warranties and guarantees have been received and accepted by the Owner Final Application for Payment will not be submitted, until the Work is complete in accordance with the Contract Documents, including completion of all Change Order and Contingency Change Order items, if any, all punch list items, all training and commission and all paperwork, including Shop Drawings, maintenance manuals, releases of liens, AIA Form G706A, the Kansas Project Completion Certificate and all other submittals requested by the Owner. Retainage upon Final Completion shall be in accordance with the provisions set forth in Section Neither final payment nor any remaining retained percentage shall become due, until the Contractor submits to the Architect in form and substance satisfactory to the Owner (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner s property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force, after final payment is currently in effect and will not be canceled or allowed to expire, until at least 30 days prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied, after payments are made, the Contractor shall promptly pay the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys fees. (Paragraph deleted) The making of final payment shall constitute a waiver of Claims by the Owner except those arising from.1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled;.2 failure of the Work to comply with the requirements of the Contract Documents; or.3 terms of special warranties required by the Contract Documents; or.4 personal injury, bodily injury or property damage caused by, arising from or related to any Work performed by the Contractor or any Subcontractor or Sub-subcontractor Acceptance of final payment by the Contractor, a Subcontractor, a Sub-subcontractor and equipment or material supplier shall constitute a waiver of claims by that payee, except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. Notwithstanding any reference to any rule or regulation, neither the Architect nor the Owner shall assume any duty to provide supervision of construction methods or processes or to enforce compliance with any safety regulations SAFETY OF PERSONS AND PROPERTY The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to.1 employees on the Work and other persons who may be affected thereby;.2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor s Subcontractors or Sub-subcontractors; and Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. 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83 .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction;.4 students of the District in attendance at a school at a Project site who may be affected thereby; and.5 administrators, teachers, other District Employees, parents and visitors at the Project Site, who may be affected thereby The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities Explosives or other hazardous materials or equipment or unusual methods will not be stored or used at the site The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections and caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections and , except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor s obligations under Section The Contractor shall designate a responsible member of the Contractor s organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor s superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect The Contractor shall not load or permit any part of the construction or site to be loaded so as to cause damage, or create an unsafe condition, or endanger its safety INJURY OR DAMAGE TO PERSON OR PROPERTY If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter The Project site will be kept clean and organized, and debris shall be disposed of daily When all or a portion of the Work is suspended for any reason, the Contractor shall securely fasten down all coverings and protect the Work, as necessary, from injury by any cause The Contractor shall promptly report in writing to the Owner, the Architect and all insurance companies providing insurance required by Section 11.1, all accidents arising out of or in connection with the Work that cause death, personal injury or property damage, giving full details and statements of any witnesses. In addition, if death, serious personal injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to the Owner and the Architect Contractors and all Subcontractors shall wear badges at all times. Badges shall include company name and/or logo and employee name and photo BEHAVIOR STANDARDS The Contractor shall comply with the following behavior standards: Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 35

84 .1 Contractor, Subcontractors and their employees shall exercise discretion in language, behavior, etc. when working on school properties, and at any time they are in the presence of students, parents, employees and administrators..2 Unacceptable behaviors shall be the basis for removal of Contractor/Subcontractor employees from the Project. The definition of unacceptable behavior is solely defined without question by the Owner..3 Uses of alcohol or illegal drugs by any Contractor s employee is absolutely prohibited..4 Smoking inside, or on the grounds, of any of the Owner s facilities or properties is prohibited. This prohibition includes all Contractor vehicles, job trailers, storage units or other places, while located on the Owner s property. Smoking, if allowed by the company s policy, is allowed in company vehicles, when off the Project site and off school grounds, where the Project Site is located SEXUAL HARASSMENT.1 The Contractor shall comply with all city, state and federal laws, rules and ordinances and the Owners policies pertaining to sexual harassment in regard to the Owners employees, students or other individuals on the Owners property..2 If an employee of a Contractor or Subcontractor is suspected of sexual harassment, the individual will be reported to the contracting entity. The suspected individual(s) will not be allowed to continue to work at the site..3 Failure on the part of the contracting entity to ensure employee/subcontractor compliance with the applicable regulations may result in (a) revocation of current contracts; and/or (b) elimination of the Contractor from the approved bidders list..4 Sexual harassment may include, but is not limited to: (a) sexually-oriented communication, including sexually-oriented verbal "kidding" or harassment or abuse; (b) subtle pressure or requests for sexual activity; (c) unwelcome attempts to change a professional relationship into a personal, social-sexual relationship; (d) creating a hostile work or learning environments, including the use of innuendos or overt or implied threats; (e) unnecessary touching of an individual, e. g., patting, pinching, hugging, repeated brushing against another person s body; (f) requesting or demanding sexual favors accompanied by an implied or overt promise of preferential treatment with regard to an individual s employment. (g) sexual assault or battery as defined by law EXCAVATION STANDARDS.1 The Contractor is responsible for notifying KS ONE-CALL, prior to ALL digs per KS ONE-CALL procedure..2 The excavator shall designate the area of excavation with white paint, flags and/or stakes prior to the arrival of the utility locator. Pre-marking allows the excavator to accurately communicate to the facility owners/operators or their locator, where the excavation is to occur. When the Contractor calls KS ONE-CALL, the Contractor shall tell the operator that the area has been white-lined. KS ONE-CALL will place that information on the locate ticket to inform the locator that the area has been pre-marked..3 If the Contractor, during the course of construction, encounters any unmarked utilities or damages any utilities, the Contractor shall immediately inform the Owner..4 The Owner shall repair any damage to the Owner s utilities; (a) if damage utilities were marked, the Contractor shall pay the Owner the cost of repairs as determined by the Owner; (b) if damaged utilities were not marked by the Owner but properly reported to KS ONE-CALL, the Owner shall repair the utilities at no cost to the Contractor COOPERATION ON THE PROJECT SITE.1 The Contractor shall sign in daily, if required by the building administration, or shall use other means as required by the administrators for communicating their presence at the site. The Contractor shall cooperate with the administration at the site, during working hours. Typically, these working hours will not extend beyond the time that a custodian is schedule to work at the site. Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 36

85 .2 If extended work hours are absolutely required to complete the Work, the Contractor shall notify the Owner s representative seventy-two (72) hours in advance of the need for access to the building..3 Access to particular rooms at the Project site shall be coordinated with the site custodian KEYS AND SECURED ACCESS Keys to the Owner s property will be loaned to persons not employed by the Owner under the conditions listed below. The keys will be issued to the prime Contractor only..1 The Contractor will be totally responsible for the proper use of the key and for maintaining security at the Project site..2 Keys are the sole property of the Owner..3 Keys will NOT be duplicated when loaned..4 Additional keys will NOT be borrowed from site personnel..5 All keys will be returned at one time upon completion of the Project..6 Final payment will only be made after return of all keys and/or payment of all fines related to key use..7 Lost keys will be reported immediately to Rob Bell at or John Nesbitt at Monday through Friday or Campus Police Dispatch, after hours, and on weekends at The Contractor will submit a report for lost keys, and a case number will be assigned..8 The Project superintendent will at all times know the location of and be responsible for all keys loaned to the Contractor..9 Persons entering the building with loaned keys will: (a) contact Campus Police Dispatch ( ) immediately prior to entering the building, giving their name, the company name, their cell phone number and their proposed schedule for occupying the building; (b) disengage the alarm upon entering the building; (c) keep the entrances monitored or locked when using the building; (d) verify windows and doors are closed and securely locked, when using the building; (e) re-activate the alarm, when leaving the building; (f) contact Campus Police dispatch, when leaving the building..10 If keys are lost, the following charges will be incurred: (a) high school keys $2,100 per site; (b) middle school keys $1,600 per site; (c) elementary school keys $1,100 per site..11 If it is feasible at a site for the Contractor to have access at only one exterior door and the Owner can install a contractor cylinder, then the charge for a lost "Contractor" key shall be $ If the Contractor fails to notify Campus Police prior to building entry then it will trigger a false alarm and Campus Police, and/or Topeka police will be contacted and dispatched. The Contractor will be charged for false alarms at the rate of $100 for the first alarm and $250 for each false alarm thereafter..13 At the time a key is checked out, the Contractor shall complete a Key for Contractor Form that will be provided by the Owner..14 Any failure on the part of the Contractor to abide by any or all of these procedures and/or repeated loss of keys or false alarms may be cause for the loss of the privilege of a loaned key HAZARDOUS MATERIALS The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents, and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a concealed or undisclosed hazardous material or substance, including but not limited to asbestos, lead paint, or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop any on-going Work in the affected area and report the condition to the Owner and Architect in writing Upon receipt of the Contractor s written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor, and in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance, or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 37

86 promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner, and in the event of any objections, the specific reasons therefore. If either the Contractor or Architect has a reasonable objection to a person or entities proposed by the Owner, and fully complies with the following sentence, the Owner shall propose another whom the Contractor and the Architect have no reasonable objection. If the absence of the material or substance is verified, Work shall immediately resume without adjustment of the Contract Time or the Contract Sum. If the presence of the material or substance is verified to exist, when the material or substance is rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. The Contract Time shall be extended, if and as appropriate, and the Contract Sum shall be increased in the amount of the Contractor s reasonable additional incurred costs of shut-down, delay and start-up, if any, which adjustments shall be accomplished as provided in Article To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect s consultants and agents and employees of any of them from and against damages, losses and expenses, including but not limited to attorneys fees, arising out of or resulting from performance of the Work in the affected area, if in fact the material or substance presents the risk of bodily injury or death as described in Section , and has not been rendered harmless, provided that such damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity The Owner shall not be responsible under Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are expressly required by the Contract Documents. The Owner shall be responsible for materials or substances expressly required by the Contract Documents, except to the extent of the Contractor s fault or negligence in the use and handling of such materials or substances The Work shall be asbestos and lead free. The Contractor shall provide certification which attests to same, to the Owner upon completion of the project. Reference in the technical specifications to manufacturers, model numbers, equipment, material, article or process shall be regarded as establishing a standard of quality and/or function. The Contractor shall submit a request for substitution on any item which cannot be certified to be asbestos or lead free Use of illegal drugs, alcohol or tobacco products is prohibited on Owner s property The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section , except to the extent that the cost and expense are due to the Owner s fault or negligence If, without negligence on the part of the Contractor, or a breach of relevant provisions of the Contract Documents, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. The Owner shall not be responsible under Section 10.3 for materials or substances the Contractor brings to the site, unless such materials or substances are required by the Contract Documents The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section for materials or substances the Contractor brings to the site, unless such materials or substances are required by the Contract Documents If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all costs and expense thereby incurred EMERGENCIES In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor s discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 38

87 ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR S LIABILITY INSURANCE The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor s operations and completed operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:.1 Claims under workers compensation, disability benefit and other similar employee benefit acts that are applicable to the Work to be performed;.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor s employees;.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor s employees;.4 Claims for damages insured by usual personal injury liability coverage;.5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom;.6 Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle;.7 Claims for bodily injury or property damage arising out of completed operations; and.8 Claims involving contractual liability insurance applicable to the Contractor s obligations under Section Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including:.1 Premises Operations (including X, C and U coverage s as applicable);.2 Independent Contractor s Operations;.3 Products and Completed Operations;.4 Personal Injury Liability with Employment Exclusion deleted;.5 Contractual, including specified provision for Contractor s obligation under Paragraph 3.18;.6 Owner, non-owned and hired motor vehicles;.7 Broad Form Property Damage including Completed Operations..10 If the General Liability coverages are provided by a Commercial General Liability Policy on a claims-made basis, the policy date or Retroactive Date shall predate the Contract; the termination date of the policy or applicable extended reporting period shall be no earlier that the termination date of coverages required to be maintained, after final payment, certified in accordance with Subparagraph Claims for damages to, or arising from Work performed on behalf of the Contractor by a Subcontractor or a Sub-subcontractor For the protection of the Indemnitees and the Contractor, and as part of the Contractor s efforts to satisfy the obligations set forth in Article 11, the Contractor shall procure, pay for and maintain in full force and effect at all times, during the performance of the Work, until final acceptance of the Work or for such duration as required, policies of insurance by a responsible carrier or carriers acceptable to the Owner, and in form and substance reasonably satisfactory to the Owner, which afford the coverages set forth herein. All such insurance shall be written on an occurrence basis, unless such coverage is not available, then subject to the written approval of the Owner; provided, however, in lieu of the preceding comments, workers compensation insurance may be provided as set forth in Section The insurance required by Subparagraph shall be written for not less than the following limits, or greater, if required by law:.1 Commercial or Comprehensive General Liability:.1 General Aggregate (Commercial General Liability policies): $2,000,000 (Policy shall be endorsed to state that this amount shall apply, in total, to this project only.).2 Products and Completed Operations Aggregate: $2,000, Personal Injury Aggregate: $1,000,000 (Policy shall be endorsed to state that the employment exclusion has been deleted.).4 All types of General Liability Insurance - Each Occurrence: $1,000, Medical Expense Limit, on any one person: $5,000. Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 39

88 .6 Policy shall be endorsed to state that Property Damage coverage includes explosion (x), collapse (c) and underground (u) hazards..7 Broad Form Property Damage coverage shall include Completed Operations..8 General Liability insurance coverages shall also include Premises-Operations, Independent Contractors, Broad Form Property Damage and Contractual Liability. (If ACCORD form is used, policy shall be endorsed to state that these coverages are included.).2 Automobile Liability:.1 Bodily Injury (per person): $500, Bodily Injury (per accident): $500, Property Damage: $500, Contractor may, at his option, provide Combined Single Limit (CSL) coverage for not less than $1,000,000 for each occurrence..3 Umbrella Excess Liability:.3.1 Umbrella Excess Liability Under $10,000,000.00:.1 Contractor shall provide Umbrella Form Excess Liability insurance for not less than the following amounts. Policy shall be endorsed to state that these coverages shall apply, in total, to this project only..2 $5,000,000 - Each occurrence limit over primary insurance.3 $5,000,000 - Aggregate..3.2 Umbrella Excess Liability In excess of $10,000,000.00:.1 Contractor may, shall provide Umbrella Form Excess Liability insurance for not less than the following amounts. Policy shall be endorsed to state that these coverages shall apply, in total, to this project only..2 $10,000,000 - Each occurrence limit over primary insurance.3 $10,000,000 - Aggregate.4 Worker s Compensation: Statutory.5 Employer s Liability:.1 Each Accident: $100,000.2 Disease - Policy Limit: $500,000.3 Disease - Each Employee: $100,000.6 Owner s Liability and Contractor s Protective Insurance.1 Concerning the insurance described in Paragraphs 11.2 and 11.3 of AIA Document A201, 2007 Edition, the Contractor shall provide this insurance with the following limits:.1 $ 500,000 Each occurrence.2 $1,000,000 - Aggregate.7 Property Insurance.1 Concerning the insurance described in Paragraphs 11.2 and 11.4 of AIA Document A201, 2007 Edition, the Owner will purchase the insurance in the amounts deemed to be in the public interest that is described in Paragraphs 11.2 and 11.4 of AIA Document A201, 2007 Edition..8 Professional Liability Insurance.1 The insurance requirements have been specified at Paragraph of AIA Document A201, 2007 Edition..9 Deductible.1 Deductibles shall not exceed: $5,000.2 Deductibles are the responsibility of the Contractor The Contractor hereby agrees to deliver to the Owner, within ten (10) days of the date of the Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 40

89 Owner-Contractor Agreement and prior to bringing any equipment or personnel onto the site of the Work or the Project site, original Certificates of Insurance and copies of all forms comprising the underlying insurance policy in form and substance satisfactory to the Owner evidencing the required coverage with limits not less than those specified in Article 11. The coverage afforded under any insurance policy obtained under or pursuant to Article 11 shall be primary to any valid and collectible insurance carried separately by the Owner and Architect. Furthermore, all Certificates of Insurance shall expressly provide that no less than thirty (30) days prior written notice shall be given the Owner in the event of a cancellation or nonrenewal of the coverage contained in such policy or evidenced by such Certificate of Insurance If this insurance is written on the Comprehensive General Liability policy form, the Certificates shall be AIA Document G705, Certificate of Insurance. If this insurance is written on a Commercial General Liability policy form, ACORD form 25S will be acceptable. The certificates and policies shall indicate that the Owner is the insured certificate holder Furnish Owner, through the Architect, with two copies each of required insurance Contractors shall require its mechanical and electrical Subcontractors to procure and maintain general liability coverages for the Project, the Owner and Architect shall be named as additional insureds and the coverage shall be primary and noncontributory for the additional insureds. The per-occurrence, aggregate, products completed/operations and personal injury and advertising injury limits of said coverage shall not be less than that required of the Contractor by Section Application of the requirements of Section to other Subcontractors will be determined by the Contractor The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1) the Owner, the Architect and the Architect s consultants as additional insureds for claims caused in whole or in part by the Contractor s negligent acts or omissions during the Contractor s operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor s negligent acts or omissions, during the Contractor s completed operations. In no event shall any failure of the Owner to receive Certificates of Insurance required under Article 11 or demand receipt of such Certificates prior to the Contractor s commencement of the Work be construed as a waiver by the Owner or Architect of the Contractor s obligation to obtain insurance pursuant to this Article 11. The obligation to procure and maintain any insurance required by this Article 11 is a separate responsibility of the Contractor and is independent of the duty to furnish Certificates of such insurance policies If the Contractor fails to purchase and maintain or require to be purchases and maintained any insurance required under Article 11, the Owner shall not be obligated to, upon five (5) days written notice to the Contractor, purchase such insurance on behalf of the Contractor and shall be entitled to be reimbursed by the Contractor upon demand, or upon such written notice the Owner may terminate the Contract for Cause pursuant to Section When any required insurance, due to the attainment of a normal expiration date or renewal date, shall expire, the Contractor shall supply the Owner with Certificates of Insurance that clearly evidence the continuation of all coverage as required under the Contract The Contractor s liability insurance shall, by endorsement, include aggregate limits per project LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner s usual liability insurance The Contractor shall purchase and maintain Owner s and Contractor s protective liability insurance from the Contractor s usual source that includes the Owner as the named insured PROPERTY INSURANCE Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in the State of Kansas, property insurance written on a builder s risk "all-risk" or equivalent policy form. Such insurance may be purchased as a blended policy that applies to all property that will be constructed with bonds authorized by the electors of the District in Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10, or Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 41

90 until no person or entity other than the Owner has an insurable interest in the property required by Section 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Project Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal, including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect s and Contractor s services and expenses required as a result of such insured loss. Property insurance provided by the Owner shall not cover any tools, apparatus, machinery, scaffolding, hoists, forms, staging, shoring and other similar items commonly referred to as construction equipment that may be on the site and the capital value of which is not included in the Work. The Contractor shall make its own arrangements for any insurance it may require on such construction equipment. Any such policy obtained by the Contractor under Section shall include a waiver of subrogation as to the Owner The Owner does intend to purchase such property insurance required by the Contract with all of the coverages in the amount described above The property insurance purchased by the Owner may contain a deductible in an amount determined to be appropriate by the Owner. The Contractor shall be responsible to the Owner and shall pay the Owner for any deductible the Owner is required to pay for claims against insurance required to be purchased under Section 11.3 up to Five Thousand Dollars ($5,000.00) This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit, if such Work is owned by the Owner, Contractor or Subcontractor and is intended to be installed on the Project Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance BOILER AND MACHINERY INSURANCE The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds LOSS OF USE INSURANCE The Owner, at the Owner s option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner s property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner s property, including consequential losses due to fire or other hazards however caused If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 42

91 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by Section Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days prior written notice has been given to the Contractor WAIVERS OF SUBROGATION Except as provided otherwise by Section , the Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect s consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub-subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect s consultants, separate contractors described in Article 6, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, with similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity, even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged A loss insured under the Owner s property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner s duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article The Owner, as fiduciary, shall have power to adjust and settle a loss with insurers, unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner s exercise of this power. If such objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement PERFORMANCE BOND AND PAYMENT BOND The Contractor shall furnish bonds covering faithful performance of the Contract and payment of obligations arising, hereunder, as specified in the Contract Documents. Bonds may be obtained through the Contractor s usual source, and the cost thereof shall be included in the Contract Sum. The amount of each bond shall be equal to 100 percent of the Contract Sum The Contractor shall furnish the required bonds as stipulated in the Instructions to Bidders. Such bonds shall be issued by a Surety, approved by the Owner, authorized to transact business in Kansas and listed on the U.S. Treasury Department Surety List The Contractor shall require the attorney-in fact that executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney. Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 43

92 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished The Contractor shall keep the surety informed of the progress of the Work and, where necessary, obtain the surety s consent to, or waiver of (i) notice of changes in the Work; (ii) request for reduction or release of retention; (iii) request for final payment; and (iv) any other item required by the surety. The Owner may, in the Owner s sole discretion, inform the surety of the progress of the Work and obtain consents as necessary to protect the Owner s rights, interest, privilege and benefits, under and pursuant to any bond issued with the Work 11.5 GENERAL REQUIREMENTS All insurance coverage procured by the Contractor shall be provided by insurance companies having policyholder ratings no lower than "A-" and financial ratings not lower than "VII" in the Best s Insurance Guide, latest edition in effect as of the date of the Contract, and subsequently in effect at the time of renewal of any policies required by the Contract Documents. All workers compensation coverage procured by the Contractor shall be provided by insurance companies with an AM Best s rating of "A-" or higher or from a workers compensation pool approved by the State of Kansas If the Owner or Contractor is damaged by the failure of the other party to purchase or maintain insurance required under Article 11, then the party who failed to purchase or maintain the insurance shall bear all damages and reasonable costs, including attorney s fees and court and settlement expenses, properly attributable thereto. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK If a portion of the Work is covered contrary to the Architect s request or to requirements specifically expressed in the Contract Documents, it shall, if requested in writing by the Architect, be uncovered for the Architect s examination and be replaced at the Contractor s expense without change in the Contract Time or the Contract Sum If a portion of the Work has been covered, which is not contrary to requirements specifically expressed in the Contract Documents and the Architect has not specifically requested to examine prior to its being covered, the Architect and Owner may request in writing to see such Work, and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner s expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor s expense, unless the condition was caused by the Owner or a separate contractor, in which event the Owner shall be responsible for payment of such costs CORRECTION OF WORK BEFORE OR AFTER SUBSTANTIAL COMPLETION If a portion of the Work is covered contrary to the Architect s request or to requirements specifically expressed in the Contact Documents, it shall, if required in writing by the Architect, be uncovered for the Architect s examination and be replaced at the Contractor s expense without change in the Contract time or the Contract Sum If prior to the date Substantial Completion, the Contractor, a Subcontractor or anyone for whom either responsible uses or damages any portion of the Work, including, without limitation mechanical, electrical, plumbing and other building systems, machinery, equipment or mechanical device, the Contractor shall cause such item to be restored to "like new" condition at no expense to the Owner, if said damage is not covered by insurance the Owner is required to purchase under Section If a portion of the Work has been covered, which is not contrary to requirements specifically expressed in the Contract Documents and which the Architect has not specifically requested to examine prior to its being covered, the Architect and Owner may, in writing, request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner s expense. If such Work is not in accordance with the Contract Documents, costs of uncovering, correction and replacement shall be at the Contractor s expense, unless the condition was caused by the Owner or a separate contractor, in which event the Owner shall be responsible for payment of such costs The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 44

93 not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect s services and expenses made necessary thereby, shall be at the Contractor s expense AFTER SUBSTANTIAL COMPLETION In addition to the Contractor s obligations, under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor, at the Contractor s expense, shall correct it promptly, after receipt of written notice from the Owner to do so, unless the Owner has previously given the Contractor a written express acceptance of such condition. The Owner shall give such notice promptly, after discovery of the condition. If any of the Work is found to be not in accordance with the requirements of the Contract Documents, during the one-year period for correction of Work, and if the Owner fails to promptly, thereafter, notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor. If the Contractor fails to correct nonconforming Work within a reasonable time, during that period, after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section The one-year period for correction of Work shall be extended, with respect to portions of Work first performed after Substantial Completion, by the period of time between Substantial Completion and the actual performance of the Work Upon completion of any Work, under or pursuant to Section 12.2, the one (1) year correction period in connection with that portion of the Work requiring correction shall be renewed and recommence upon that portion of the Work being corrected. The obligation, under Section 12.2, shall cover any repairs and replacement to any part of the Work or other property that is damaged by the defective Work The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor s correction or removal of Work that is not in accordance with the requirements of the Contract Documents Nothing contained in Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor s liability with respect to the Contractor s obligations other than specifically to correct the Work ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW The Contract shall be governed by the law of the State of Kansas SUCCESSORS AND ASSIGNS The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of each other party in respect covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. 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94 (Paragraph deleted) 13.3 WRITTEN NOTICE Written notice shall be deemed to have been duly served, if delivered in person to the individual or to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or certified mail to the last business address known to the party giving notice RIGHTS AND REMEDIES Except as expressly provided in the Contract Documents, duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies, otherwise imposed or available by law No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing TESTS AND INSPECTIONS Tests, inspections and approvals of portions of the Work shall be made at an appropriate time as required by the Contract Documents or by laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities having jurisdiction. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections or approvals that do not become requirements, until after bids are received or negotiations concluded, unless such tests, inspections or approvals replace or modify preexisting requirements in which event the Owner shall bear any net additional costs thereof If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section , the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section , shall be at the Owner s expense If such procedures for testing, inspection or approval under Sections and reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure, including those of repeated procedures and compensation for the Architect s services and expenses shall be at the Contractor s expense. The Contractor also agrees that the cost of testing services required for the convenience of the Contractor in his scheduling and performance of the Work, and the cost of testing services related to remedial operations performed to correct deficiencies in the Work, shall be borne by the Contractor Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work INTEREST Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 46

95 13.7 TIME LIMITS ON CLAIMS The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with Section EQUAL EMPLOYMENT OPPORTUNITY The Contractor is required to observe the provisions of the Kansas Act Against Discrimination and shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin or age. The Contractor shall take affirmative action to ensure that applicants are employed, and that applicants are treated, during employment, without regard to that applicant s race, religions, color, sex, national origin, or age. Such action shall include, but not be limited to, employment, upgrading, demotion, transfer, recruitment, recruitment advertisement, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the requirements of these non-discrimination provisions The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, include the phrase "equal opportunity employer", or a similar phrase to be approved by the Kansas Commission on Civil Rights and state that all qualified applicants will receive consideration for employment without regard to race, religions, color, sex, national origin, or age. If the Contractor fails to comply with the manner in which he reports to the Kansas Commission on Civil Rights in accordance with the Contract, the Contract may be cancelled, terminated or suspended, and the Contractor will be removed from the approved bidder list The Contractor shall include all of Paragraph 13.8 in every Subcontract or Purchase Order, and shall require each Subcontractor, Sub-subcontractor and Material and Equipment Supplier to include Paragraph 13.8 in each of their subcontracts and Purchase Orders, so that such provisions will be binding upon each Subcontractor, Sub-subcontractor, and Material and Equipment Supplier If the Contractor is found guilty of violation of the Kansas Act Against Discrimination under a decision or order of the Kansas Commission on Civil Rights, which has become final, the Contractor shall be deemed to have breached the present Contract. In the event of the Contractor s noncompliance with any portion of Paragraph 13.8, the Owner may cancel, terminate, or suspend, in whole or in part, this Contract. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR The Contractor may terminate the Contract if, all of the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work, under direct or indirect contract with the Contractor, for any of the following reasons:.1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped;.2 An act of government, such as a declaration of national emergency that requires all Work to be stopped;.3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or.4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor s request, reasonable evidence as required by Section The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less If one of the reasons described in Section or exists, the Contractor may, upon seven days written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. 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96 properly executed and for payment of costs directly related to Work thereafter performed by Contractor in terminating the Contract, including reasonable demobilization and cancellation charges, proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead and profit thereon If all of the Work is stopped for a period of 60 consecutive days, through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, because the Owner has repeatedly failed to fulfill the Owner s obligations, under the Contract Documents with respect to matters important to the progress of the Work, then the Contractor may, upon seven additional days written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section TERMINATION BY THE OWNER FOR CAUSE The Owner may terminate the Contract if the Contractor.1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials;.2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors;.3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority having jurisdiction; or.4 otherwise is guilty of substantial breach of a provision of the Contract Documents; or.5 fails to maintain insurance required under Article 11 upon five (5) days written notice (see Section ) When any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor s surety, if any, seven days written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety:.1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor;.2 Accept assignment of subcontracts pursuant to Section 5.4; and.3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor an accounting of the costs incurred by the Owner in finishing the Work When the Owner terminates the Contract for one of the reasons stated in Section , the Contractor shall not be entitled to receive further payment until the Work is finished If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect s services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract SUSPENSION BY THE OWNER FOR CONVENIENCE The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine The Contract Sum and Contract Time shall be adjusted for any increases in the cost and time caused by suspension, delay or interruption as described in Section Any adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent.1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or.2 that an equitable adjustment is made or denied under another provision of the Contract TERMINATION BY THE OWNER FOR CONVENIENCE The Owner may, at any time, terminate the Contract for the Owner s convenience and without cause. Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 48

97 Upon receipt of written notice from the Owner of such termination for the Owner s convenience, the Contractor shall.1 cease operations as directed by the Owner in the notice;.2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and.3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders In case of such termination for the Owner s convenience, the Contractor shall be entitled to receive payment for Work executed in accordance with the Contract Documents, and costs incurred by reason of such termination, along with reasonable overhead thereon. ARTICLE 15 CLAIMS AND DISPUTES 15.1 CLAIMS DEFINITIONS A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim The Architect shall be the Initial Decision Maker on claims, disputes and other matters related to this Contract NOTICE OF CLAIMS Claims, disputes and other matters in question arising out of or relating to this Contract, including those alleging an error or omission by the Architect, but excluding those arising under Section 10.3, shall be referred initially to the Architect for decision. Such matters, except those waived as provided for in Section and Sections and , shall be subject to negotiation as a condition precedent to binding dispute resolution Claims by either the Owner or Contractor shall be initiated by written notice to the other party and to the Architect. Claims shall be expressly stated to be a Claim, under Section Claims by either party shall be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later Claims must be initiated by written notice to the Architect and the other party; provided, however, that the claimant shall use its best efforts to furnish the Architect and the other party, as expeditiously as possible, with notice of any Claim including, without limitation, those in connection with concealed or unknown conditions, once such Claim is recognized, and shall cooperate with the Architect and the party against whom the Claim is made in any effort to mitigate the alleged or potential damages, delay or other adverse consequences arising out of the condition that is the cause of such Claim CONTINUING CONTRACT PERFORMANCE Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker CLAIMS FOR ADDITIONAL COST If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section Such notice shall include, to the extent known by the Contractor, full details and substantiating data to permit evaluation by the Owner and Architect. If further, or other, information subsequently becomes known to the Contractor it shall be promptly furnished to the Owner and the Architect in writing If the Contractor believes additional cost is involved for reasons, including but not limited to, (1) a written interpretation of the Architect, (2) an order by the Owner to stop the Work, where the Contractor was not at fault, (3) a Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 49

98 written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner s suspension, or (7) other reasonable grounds, Claim, shall be filed in accordance with Section CLAIMS FOR ADDITIONAL TIME If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction Should the Contractor feel that Work was delayed by abnormal weather conditions, the Contractor may request a time extension to the Contract. Such claim shall be requested in writing to the Architect. Such Claim shall include full details and substantiating data to permit evaluation by the Architect and Owner, including, but not limited to, copies of the onsite logs, during the period in question To be eligible for a time extension to the Contract for abnormal weather, the Contractor must have been prevented from working 50% or more of the Contractor s scheduled work effort for that day, and the work delayed must be critical to the timely completion of the Work. Should abnormal weather occur on a weekend or holiday day, when the Contractor was not scheduled in advance to work, no extension of time will be allowed for those days, since the Contractor experienced no actual delay to his Work on those days. Unless the Contractor gives prior notification to the Architect and Owner in writing of their intent to work on a weekend or holiday, no time extension will be allowed due to adverse weather on those days Data from the National Climate Data Center of the National Oceanic and Atmospheric Administration shall be used to analyze the historic weather date and information of the NE Kansas area to determine, if the weather conditions in Topeka, Kansas could be considered abnormal, during the progress of the work of this Contract Claims for additional time due to adverse weather conditions shall be documented and calculated as follows:.1 Bad weather day means any calendar day in a month that a Contractor is unable to proceed with the stage or states of the Work that is scheduled for that day due to weather claims..2 If adverse weather conditions are the basis for a Claim for additional time, such claim shall be documented by data substantiating that weather conditions were abnormal for a period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction..3 The average number of bad weather calendar days reasonably anticipated for each month are as follows: January 10; February 5; March 4; April 5; May 8; June 8; July 6; August 5; September 6; October 5; November 3; and December The Contractor will provide the Architect with a written monthly bad weather day report within five (5) days of the end of a month. If the Contractor fails to report bad weather days by five days from the end of a month, then it will be assumed that there were no bad weather days for that month CLAIMS FOR CONCEALED OR UNKNOWN CONDITIONS If conditions are encountered on the site, which are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents, or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly, before conditions are disturbed and in no event later than twenty-one (21) days after the first observance of the conditions. The Architect will promptly investigate such conditions, and if they differ materially and cause an increase or decrease in the Contractor s cost of, or time required for, performance of any part of the Work, the Architect will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within twenty-one (21) days, after the Architect has given notice of the decision. If the conditions encountered are materially different, the Contract Sum and Contract Time shall be equitably adjusted, but if the Owner and the Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 50

99 Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial determination, subject to further proceedings pursuant to Section CLAIMS FOR CONSEQUENTIAL DAMAGES The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and.2 damages incurred by the Contractor for principal office expenses, including the compensation of personnel stationed there, except for those directly assigned to the Project, for the extent of that assignment; for losses of financing, business and reputation; and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party s termination in accordance with Article 14. Nothing contained in Section shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents INITIAL DECISION Claims, excluding those arising under Sections 10.3, 10.4, , and , shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by Section , an initial decision shall be required as a condition precedent to negotiation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker s sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party. The Initial Decision Maker may request the Owner to authorize retention of persons with special knowledge or expertise to assist the Initial Decision Maker in rendering a decision at the Owner s expense If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to negotiation, and if the parties fail to resolve their dispute through negotiation to litigation Either party may file for negotiation of an initial decision at any time, subject to the terms of Section Either party may, within 30 days from the date of an initial decision, demand in writing that the other party file for negotiation within 60 days of the initial decision. If such a demand is made and the party receiving the demand Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. 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100 fails to file for negotiation within the time required, then both parties waive their rights to negotiate or pursue binding dispute resolution proceedings with respect to the initial decision In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor s default, the Owner may, but is not obligated to, notify the surety and request the surety s assistance in resolving the controversy If a Claim relates to or is the subject of a mechanic s lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines, prior to final resolution of the claim METHOD OF BINDING DISPUTE RESOLUTION Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in Sections , , and , shall be subject to negotiation as a condition precedent to binding dispute resolution A request for negotiation shall be made in writing, delivered to the other party to the Contract and filed with the Initial Decision Maker. The request may be made concurrently with the filing of binding dispute resolution proceedings, but in such event, negotiation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending negotiation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order A negotiation committee will be established to equally represent the parties to the Contract from a pool of individuals, not associated with the Project or the Contract, to be selected at the time of the negotiation. The Initial Decision Maker will present the data related to the Claim to the negotiation committee. The parties to the Contract may make presentations of their data to the negotiation committee to supplement that made by the Initial Decision Maker. A simple majority vote will be made to confirm or deny the Claim If the parties do not resolve a dispute pursuant to Section 15.3, the method of binding dispute resolution shall be litigation in a court of competent jurisdiction The negotiation shall be held in the place, where the Project is located, unless another location is mutually agreed upon. Agreements reached in negotiation shall be enforceable as settlement agreements in any court having jurisdiction thereof. (Paragraphs deleted) Arbitration is expressly forbidden under Kansas Statutory Law. ARTICLE 16 REGULATIONS 16.1 The Contractor shall assume all responsibility and costs in complying with Federal, State and Local regulations for Equal Opportunity Employment, Anti-Discrimination, Safety and other Regulations. (Paragraph deleted) Init. / AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:32:23 on 04/22/2014 under Order No _1 which expires on 03/12/2015, and is not for resale. User Notes: ( ) You created this PDF from an application that is not licensed to print to novapdf printer ( 52

101 REQUEST FOR PROPOSAL: BP 16-17:04 1 SECTION SUMMARY PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Work covered by the Contract Documents. 2. Type of the Contract. 3. Work phases. 4. Work under other contracts. 5. Owner-furnished products. 6. Use of premises. 7. Owner s occupancy requirements. 8. Work restrictions 9. Specification formats and conventions. B. Related Sections include the following: 1. Section Temporary Facilities and Controls for limitations and procedures governing temporary use of Owner s facilities. 1.3 WORK COVERED BY CONTRACT DOCUMENTS A. Project Identification: Sheldon Child Development Center Storm Shelter/Pre-K Classroom Addition 1. Project Location: Sheldon Child Development Center, 1155 SW Seabrook, Topeka, KS B. Owner: USD 501 Topeka Public Schools. 1. Owner s Location: 624 SW 24th Street, Topeka, Kansas C. Manager: 1. Brad Kiehl, Program Manager for the District, DLR Group, (913) Program Manager Location: 7290 West 133 rd Street, Overland Park, KS D. Architect: 1. Peterson Architectural Group, 3542 SW Willowbrook Lane, Topeka, KS Contact: Stan Peterson, (785) , stan@lpkarchitects.com SUMMARY

102 REQUEST FOR PROPOSAL: BP 16-17:04 2 E. The Work consists of the following: 1. The Work includes: General Information on the Project Site: a. This is an approximately 3,300 square foot classroom/storm shelter addition consisting of masonry bearing walls, precast slab roof structure and all other items related to school classrooms. 1.4 TYPE OF CONTRACT A. Project will be constructed under a single prime contract. 1.5 WORK UNDER OTHER CONTRACTS A. General: Cooperate fully with separate contractors so work on those contracts may be carried out smoothly, without interfering with or delaying work under this Contract. Coordinate the Work of this Contract with work performed under separate contracts. 1.6 OWNER-FURNISHED PRODUCTS A. Owner will furnish products (if any) indicated. The Work includes providing support systems to receive Owner s equipment and making plumbing, mechanical, and electrical connections. 1. Owner will arrange for and deliver Shop Drawings, Product Data, and Samples to Contractor. 2. Owner will arrange and pay for delivery of Owner-furnished items according to Contractor s Construction Schedule. 3. After delivery, Owner will inspect delivered items for damage. Contractor shall be present for and assist in Owner s inspection. 4. If Owner-furnished items are damaged, defective, or missing, Owner will arrange for replacement. 5. Owner will arrange for manufacturer s field services and for delivery of manufacturer s warranties to Contractor. 6. Owner will furnish Contractor the earliest possible deliver date for Owner-furnished products. Using Owner-furnished earliest possible delivery dates, Contractor shall designate delivery dates of Owner-furnished items in Contractor s Construction Schedule. 7. Contractor shall review Shop Drawings, Product Data, and Samples and return them to Architect noting discrepancies or anticipated problems in use of product. 8. Contractor is responsible for receiving, unloading, and handling Owner-furnished items at Project site. 9. Contractor is responsible for protecting Owner-furnished items from damage during storage and handling, including damage from exposure to the elements. 10. If Owner-furnished items are damaged as a result of Contractor s operations, Contractor shall repair or replace the. 11. Contractor shall install and otherwise incorporate Owner-furnished items into the Work. SUMMARY

103 REQUEST FOR PROPOSAL: BP 16-17: USE OF PREMISES A. General: Contractor shall have limited use of premises for construction operations as indicated on Drawings by the Contract limits. B. Use of Site: Limit use of premises to work in areas within the Contract limits indicated. Do not disturb portions of Project site beyond areas in which the Work is indicated. 1. Owner Occupancy: Allow for Owner occupancy of Project site and use by the public. 2. Driveways and Entrances: Keep driveways, loading areas, and entrances serving premises clear and available to Owner, Owner s employees, and emergency vehicles at all times. Do not use these areas for parking or storage of materials. a. Schedule deliveries to minimize use of driveways and entrances. b. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on-site. C. Use of Existing Building: Maintain existing building in a weather tight condition throughout construction period. Repair damage caused by construction operations. Protect building and its occupants during construction period. 1.8 OWNER S OCCUPANCY REQUIREMENTS A. Full Owner Occupancy: Owner will occupy site and buildings during entire construction period. Cooperate with Owner during construction operations to minimize conflicts and facilitate Owner usage. Perform the Work so as not to interfere with Owner s day-to-day operations. Maintain existing exits, unless otherwise indicated. 1. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. Do not close or obstruct walkways, corridors, or other occupied or used facilities without written permission from Owner and authorities having jurisdiction. 2. Provide not less than 48 hours notice to Owner of activities that will affect Owner s operations. B. Owner Occupancy of Completed Areas of Construction: Owner reserves the right to occupy and to place and install equipment in completed areas of building, before Substantial Completion, provided such occupancy does not interfere with completion of the Work. Such placement of equipment and partial occupancy shall not constitute acceptance of the total Work. 1. Architect will prepare a Certificate of Substantial Completion for each specific portion of the Work to be occupied before Owner occupancy. 2. Obtain a Certificate of Occupancy from authorities having jurisdiction before Owner occupancy. 3. Before partial Owner occupancy, mechanical and electrical systems shall be fully operational, and required tests and inspections shall be successfully completed. On occupied portions of building. 4. On occupancy, Owner will assume responsibility for maintenance and custodial services for occupied portions of building. SUMMARY

104 REQUEST FOR PROPOSAL: BP 16-17: WORK RESTRICTIONS A. On-Site Work Hours: Work shall be generally performed inside the existing building during normal school hours of 8:00 A.M. to 4:00 P.M., Monday through Friday, except as otherwise indicated. 1. Weekend Hours: With prior written permission of Owner. Times to be negotiated. 2. Early Morning Hours: With prior written permission of Owner. Times to be negotiated. 3. Hours for Utility Shutdowns: after 4:00 pm and before 6:00 am. B. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated: 1. Notify Owner not less than two (2) days in advance of proposed utility interruptions. 2. Do not proceed with utility interruptions without Owner s written permission. C. Nonsmoking Buildings: Smoking is not permitted within the building or within 25 feet of any entrances, operable windows, or outdoor intakes SPECIFICATION FORMATS AND CONVENTIONS A. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows: 1. Imperative mood and streamlined language are generally used in the Specifications. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or phrase. 2. Specification requirements are to be performed by Contractor unless specifically stated otherwise. B. Division 01 General Requirements: Requirements of Sections in Division 01 apply to the Work of all Sections in the Specifications. C. Drawing Coordination: Requirements for materials and products identified on Drawings are described in detail in the Specifications. One or more of the following are used on Drawings to identify materials and products: 1. Terminology: Materials and products are identified by the typical generic terms used in the individual Specifications Sections. 2. Abbreviations: Materials and products are identified by abbreviations published as part of the U.S. National CAD Standard and scheduled on Drawings. 3. Keynoting: Materials and products are identified by reference keynotes referencing Specification Section numbers found in this Project Manual. SUMMARY

105 REQUEST FOR PROPOSAL: BP 16-17:04 5 PART 2 - PRODUCTS (NOT APPLICABLE) PART 3 - EXECUTION (NOT APPLICABLE) END OF SECTION SUMMARY

106 REQUEST FOR PROPOSAL: BP 16-17:04 1 SECTION ALLOWANCES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements governing allowances. 1. Certain items are specified in the Contract Documents by allowances. Allowances have been established in lieu of additional requirements and to defer selection of actual materials and equipment to a later date when additional information is available for evaluation. If necessary, additional requirements will be issued by Change Order. B. Types of allowances include the following: 1. Lump-sum allowances. C. Related Sections include the following: 1. Division 01 Section "Contract Modification Procedures" for procedures for submitting and handling Change Orders for allowances. 2. Division 01 Section Unit Prices for procedures for using unit prices. 3. Division 02 through 49 Sections for items of Work covered by allowances. 4. Divisions 02 through 49 Sections for items of Work covered by allowances. 1.3 SELECTION AND PURCHASE A. At the earliest practical date after award of the Contract, advise Architect of the date when final selection and purchase of each product or system described by an allowance must be completed to avoid delaying the Work. B. At Architect's request, obtain proposals for each allowance for use in making final selections. Include recommendations that are relevant to performing the Work. C. Purchase products and systems selected by Architect from the designated supplier. 1.4 SUBMITTALS A. Submit proposals for purchase of products or systems included in allowances, in the form specified for Change Orders. B. Submit invoices or delivery slips to show actual quantities of materials delivered to the site for use in fulfillment of each allowance. ALLOWANCES

107 REQUEST FOR PROPOSAL: BP 16-17:04 2 C. Coordinate and process submittals for allowance items in same manner as for other portions of the Work. 1.5 COORDINATION A. Coordinate allowance items with other portions of the Work. Furnish templates as required to coordinate installation. 1.6 LUMP-SUM AND QUANITITY ALLOWANCES A. Allowance shall include cost to Contractor of specific products and materials by Architect. Under allowance and shall include taxes, freight, and delivery to Project site. B. Unless otherwise indicated, Contractor's costs for receiving and handling at Project site, labor, installation, overhead and profit, and similar costs related to products and materials by Architect under allowance shall be included as part of the Contract Sum and not part of the allowance. 1.7 UNUSED MATERIALS A. Return unused materials purchased under an allowance to manufacturer or suppler for credit to Owner, after installation has been completed and accepted. 1. If requested by Architect, prepare unused material for storage by Owner when it is not economically practical to return the material for credit. If directed by Architect, deliver unused material to Owner s storage space. Otherwise, disposal of unused material is Contractor s responsibility. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 EXAMINATION A. Examine products covered by an allowance promptly on delivery for damage or defects. Return damaged or defective products to manufacturer for replacement. 3.2 PREPARATION A. Coordinate materials and their installation for each allowance with related materials and installations to ensure that each allowance item is completely integrated and interfaced with related work. 3.3 SCHEDULE OF ALLOWANCES A. Allowance No. 1: Include the sum of twenty five thousand dollars ($25,000.00) for work required due to unforeseen conditions encountered during construction. 1. This allowance includes material cost, receiving, handling, and installation, and Contractor overhead and profit. END OF SECTION ALLOWANCES

108 REQUEST FOR PROPOSAL: BP 16-17:04 1 SECTION ALTERNATES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to the Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for alternates. 1.3 DEFINITIONS A. Alternate: An amount proposed by bidders and stated on the Bid Form for certain work defined in the Bidding Requirements that may be added to or deducted from the Base Bid amount if Owner decides to accept a corresponding change either in the amount of construction to be completed or in the products, materials, equipment, system, or installation methods described in the Contract Documents. 1. The cost or credit for each alternate is the net addition to or deduction from the Contract Sum to incorporate alternate into Work. No other adjustments are made to the Contract Sum. 1.4 PROCEDURES A. Coordination: Modify or adjust affected adjacent work as necessary to completely integrate work of the alternate into Project. 1. Include as part of each alternate, miscellaneous devices, accessory objects, and similar items incidental to or required for a complete installation whether or not indicated as part of alternate. B. Notification: Immediately following award of the Contract, notify each party involved, in writing, of the status of each alternate. Indicate if alternates have been accepted, rejected, or deferred for later consideration. Include a complete description of negotiated modifications to alternates. C. Execute accepted alternates under the same conditions as other work of the Contract. D. Schedule: A Schedule of Alternates is included at the end of this Section. Specification Sections referenced in schedule contain requirements for materials necessary to achieve the work described under each alternate. ALTERNATES

109 REQUEST FOR PROPOSAL: BP 16-17:04 2 PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 SCHEDULE OF ALTERNATES A. Sheldon Pre-K School 1. Alternate No. 1: Replace Storm Drain System. a. Remove existing Orangeburg pipe storm drain piping and replace with PVC piping as indicated on drawing sheets C-1 and C-2 and Section Storm Utility Drainage Piping of the specification. 2. Alternate No. 2: LED lighting. a. All fluorescent light fixtures are to be replaced with similar LED light fixtures as a part of this indicated on drawing sheet E-2: Floor Plan Alternate Lighting. END OF SECTION ALTERNATES

110 REQUEST FOR PROPOSAL: BP 16-17:04 1 SECTION CONTRACT MODIFICATION PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and procedural requirements for handling and processing Contract modifications. 1.3 MINOR CHANGES IN THE WORK A. Architect will issue supplemental instructions authorizing Minor Changes in the Work, not involving adjustment to the Contract Sum or the Contract Time, on AIA Document G710, "Architect's Supplemental Instructions." 1.4 PROPOSAL REQUESTS A. Owner-Initiated Proposal Requests: Architect will issue a detailed description of proposed changes in the Work that may require adjustment to the Contract Sum or the Contract Time. If necessary, the description will include supplemental or revised Drawings and Specifications. 1. Proposal Requests issued by Architect are for information only. Do not consider them instructions either to stop work in progress or to execute the proposed change. 2. Within time specified in Proposal Request after receipt of Proposal Request, submit a quotation estimating cost adjustments to the Contract Sum and the Contract Time necessary to execute the change. a. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. c. Include costs of labor and supervision directly attributable to the change. d. Include an updated Contractor's Construction Schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. CONTRACT MODIFICATION PROCEDURES

111 REQUEST FOR PROPOSAL: BP 16-17:04 2 B. Contractor-Initiated Proposals: If latent or unforeseen conditions require modifications to the Contract, Contractor may propose changes by submitting a request for a change to Architect. 1. Include a statement outlining reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and the Contract Time. 2. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. 3. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. 4. Include costs of labor and supervision directly attributable to the change. 5. Include an updated Contractor's Construction Schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. 6. Comply with requirements in Section "Substitution Procedures" if the proposed change requires substitution of one product or system for product or system specified. C. Proposal Request Form: Use form acceptable to the Architect. 1.5 CHANGE ORDER PROCEDURES A. On Owner's approval of a Proposal Request, Architect will issue a Change Order for signatures of Owner and Contractor on AIA Document G CONSTRUCTION CHANGE DIRECTIVE A. Construction Change Directive: Architect may issue a Construction Change Directive on AIA Document G714. Construction Change Directive instructs Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. 1. Construction Work Change Directive contains a complete description of change in the Work. It also designates method to be followed to determine change in the Contract Sum or the Contract Time. B. Documentation: Maintain detailed records on a time and material basis of work required by the Construction Change Directive. 1. After completion of change, submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract. CONTRACT MODIFICATION PROCEDURES

112 REQUEST FOR PROPOSAL: BP 16-17:04 3 PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION CONTRACT MODIFICATION PROCEDURES

113 REQUEST FOR PROPOSAL: BP 16-17:04 1 SECTION PAYMENT PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and procedural requirements necessary to prepare and process Applications for Payment. B. Related Sections include the following: 1. Division 01 Section Allowances for procedural requirements governing handling and processing of allowances. 2. Division 01 Section Contract Modification Procedures for administrative procedures for handling changes to the Contract. 3. Division 01 Section Unit Prices for administrative requirements governing use of unit prices. 4. Division 01 Section Construction Progress Documentation for administrative requirements governing preparation and submittal of Contractor s Construction Schedule and Submittals Schedule. 1.3 DEFINITIONS A. Schedule of Values: A statement furnished by Contractor allocating portions of the Contract Sum to various portions of the Work and used as the basis for reviewing Contractor s Applications for Payment. 1.4 SCHEDULE OF VALUES A. Coordination: Coordinate preparation of the Schedule of Values with preparation of Contractor s Construction Schedule. Cost-loaded CPM Schedule may serve to satisfy requirements for the Schedule of Values. 1. Correlate line items in the Schedule of Values with other required administrative forms and schedules, including the following: a. Application for Payment forms with Continuation Sheets. b. Submittals Schedule. c. Contractor s Construction Schedule. PAYMENT PROCEDURES

114 REQUEST FOR PROPOSAL: BP 16-17: Submit the Schedule of Values to Program Manager and Architect by uploading to Submittal Exchange in the Pay Application log at earliest possible date but no later than seven days before the date scheduled for submittal of initial Applications for Payment. 3. Sub schedules: Where the Work is separated into phases requiring separately phased payments, provide sub schedules showing values correlated with each phase of payment. B. Format and Content: Use the Project Manual table of contents as a guide to establish line items for the Schedule of Values. Provide at least one line item for each Specification Section. 1. Identification: Include the following Project identification on the Schedule of Values: a. Project name and location. b. Name of Architect c. Architect s project number d. Contractor s name and address. e. Date of submittal. 2. Submit draft of AIA Document G703 Continuation Sheet. 3. Arrange the Schedule of Values in tabular form with separate columns to indicate the following for each item listed: a. Related Specification Section or Division. b. Description of the Work c. Name of subcontractor. d. Dollar value. 1) Percentage of the Contract Sum to nearest one-hundredth percent, adjusted to total 100 percent. 4. Provide a breakdown of the Contract Sum in enough detail to facilitate continued evaluation of Applications for Payment and progress reports. Coordinate with the Project Manual table of contents. Provide several line items for principal subcontract amounts, where appropriate. Include separate line items under required principal subcontractors for operation and maintenance manuals, punch list activities, Project Record Documents, and demonstration and training in the amount of 5 percent of the Contract Sum. 5. Round amounts to nearest whole dollar; total shall equal the Contract Sum. 6. Provide a separate line item in the Schedule of Values for each part of the Work where Applications for Payment may include materials or equipment purchased or fabricated and stored, but not yet installed. a. Differentiate between items stored on-site and items stored off-site. If specified, include evidence of insurance or bonded warehousing. 7. Provide separate line items in the Schedule of Values for initial cost of materials, for each subsequent stage of completion, and for total installed value of the part of the Work. 8. Allowances: Provide a separate line item in the Schedule of Values for each allowance. Show line-item value of unit-cost allowances, as a product of the unit cost, multiplied by measured quantity. Use information indicated in the Contract Documents to determine quantities. 9. Each item in the Schedule of Values and Applications for Payment shall be complete. Include total cost and proportionate share of general overhead and profit for each item. PAYMENT PROCEDURES

115 REQUEST FOR PROPOSAL: BP 16-17:04 3 a. Temporary facilities and other major cost items that are not direct cost of actual work-in-place may be either shown as separate line items in the Schedule of Values or distributed as general overhead expense, at Contractor s option. 10. Schedule Updating: Update and resubmit the Schedule of Values before the next Applications for Payment when Change Orders or Construction Change Directives result in a change in the Contract Sum. 1.5 APPLICATIONS FOR PAYMENT A. Each Application for Payment shall be consistent with previous applications and payments as certified by Architect and paid for by Owner. 1. Initial Application for Payment, Application for Payment at time of Substantial Completion, and final Application for Payment involve additional requirements. B. Payment Application Times: The date for each progress payment is indicated in the Agreement between Owner and Contractor. The period of construction Work covered by each Application for Payment is the period indicated in the Agreement. C. Payment Application Forms: Use AIA Document G702 and AIA Document G703 Continuation Sheets as form for Applications for Payment. D. Application Preparation: Complete every entry on form. Notarize and execute by a person authorized to sign legal documents on behalf of Contractor. Architect will return incomplete applications without action. 1. Entries shall match data on the Schedule of Values and Contractor s Construction Schedule. Use updated schedules if revisions were made. 2. Include amounts of Change Orders and Construction Change Directives issued before last day of construction period covered by application. E. Transmittal: Combine signed and notarized pay application, continuation sheets, waivers of lien and similar attachments required as one PDF file. Upload PDF file to Submittal Exchange in the Pay Application log. Include waivers of lien and all other attachments required. 1. Architect and Program Manager will concurrently review pay application in Submittal Exchange. Any revisions will be marked up on pay application or returned to Contractor for corrections. F. Waivers of Mechanic s Lien: With each Application for Payment, submit waivers of mechanic s lien from every entity who is lawfully entitled to file a mechanic s lien arising out of the Contract and related to the Work covered by the payment. 1. Submit partial waivers on each item for amount requested in pervious application, after deduction for retainage, on each item. 2. When an application shows completion of an item, submit final ore full waivers. 3. Owner reserves the right to designate which entities involved in the Work must submit waivers. 4. Waiver Forms: Submit waivers of lien of forms, executed in a manner acceptable to Owner. PAYMENT PROCEDURES

116 REQUEST FOR PROPOSAL: BP 16-17:04 4 G. Initial Application for Payment: Administrative actions and submittals that must precede or coincide with submittal of first Application for Payment include the following: 1. List of subcontractors. 2. Schedule of Values. 3. Contractor s Construction Schedule (preliminary if not final). 4. Submittals Schedule (preliminary if not final). 5. List of Contractor s staff assignments. 6. Copies of building permits. 7. Certificates of insurance and insurance policies. 8. Performance and payment bonds. 9. Data needed to acquire Owner s insurance. H. Application for Payment at Substantial Completion: After issuing the Certificate of Substantial Completion, submit an Application for Payment showing 100 percent completion for portion of the Work claimed as substantially complete. 1. Include documentation supporting claim that the Work is substantially complete and a statement showing an accounting of changes to the Contract Sum. 2. This application shall reflect Certificates of Partial Substantial Completion issued previously for Owner occupancy of designated portions of the Work. I. Final Payment Application: Submit final Application for Payment with releases and supporting documentation not previously submitted and accepted, including, but not limited, to the following: 1. Evidence of completion of Project closeout requirements. 2. Insurance certificates for products and completed operations where required and proof that taxes, fees, and similar obligations were paid. 3. Updated final statement, accounting for final changes to the Contract Sum. 4. AIA Document G706, Contractor s Affidavit of Payment of Debts and Claims. 5. AIA Document G706A, Contractor s Affidavit of Release of Liens. 6. AIA Document G707, Consent of Surety to Final Payment. 7. Evidence that claims have been settled. 8. Final, liquidated damages settlement statement. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION PAYMENT PROCEDURES

117 012900A Form of Application for Payment

118 012900B Form of Pay Application Continuation Sheet

119 Shawnee C Contractor's Affidavit of Payment of Debts and Claims

120 Shawnee D Contractor's Affidavit of Release of Liens

121 Topeka Public Schools, General Corporation USD 501 Topeka Public Schools 624 SW 24th Street, Topeka, KS Telephone Number: E Consent of Surety to Final Payment

122 REQUEST FOR PROPOSAL: BP 16-17:04 1 SECTION SUBMITTALS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for submittals required for performance of the Work, including the following: 1. Shop Drawings. 2. Product Data. 3. Samples. 4. Quality assurance submittals. B. Administrative Submittals: Refer to other Division 01 Sections and other Contract Documents for requirements for administrative submittals. Such submittals include, but are not limited to, the following: 1. Permits. 2. Applications for Payment. 3. Performance and payment bonds. 4. Insurance certificates. 5. List of subcontractors. 1.3 PROJECT DOCUMENTATION A. The Owner and Architect are committed to environmentally responsible documentation procedures which conserve natural resources as well as save time and expense for all parties for the benefit of the Project. B. All Project documentation will be processed through the project-specific Submittal Exchange website. No other transmittal procedure will be accepted unless specifically requested by the Architect and Owner. 1. Contractor is responsible for scheduling training for all employees who will be processing documentation for the project. Such training must be completed prior to the commencement of the Work and will be provided by Submittal Exchange at no cost to the Contractor. Contractor s subcontractors and suppliers are also eligible to receive training at no cost. 2. Contractor is responsible for procuring the required hardware and software to produce and transmit electronic documentation required for the Project, at no additional cost to the Owner. Such equipment includes, but may not be limited to: SUBMITTALS

123 REQUEST FOR PROPOSAL: BP 16-17:04 2 a. Computer(s) capable of creating and manipulating files in Portable Data Format (PDF). b. Software capable of creating, marking up, manipulating and flattening PDF files from Word, Excel, AutoCad, Revit and other similar software. Adobe Acrobat Pro Version 10 or Bluebeam is recommended. c. Scanner sufficient to create PDF files from 8.5 by 11 inch and 11 by 17 inch paper documents. d. Internet access sufficient to upload and download PDF files to Submittal Exchange website. 3. Upon Final Completion, Contractor will be provided a link to the Submittal Exchange Project archive and may download all Project documentation to its own server for permanent record keeping purposes. The Project archive will be provided at no cost to the Contractor. 1.4 DEFINITIONS A. Action Submittals: Written and graphic information and physical samples that require Architect's responsive action. Action submittals are those submittals indicated in individual Specification Sections as "action submittals." B. Informational Submittals: Written and graphic information and physical samples that do not require Architect's responsive action. Submittals may be rejected for not complying with requirements. Informational submittals are those submittals indicated in individual Specification Sections as "informational submittals." C. File Transfer Protocol (FTP): Communications protocol that enables transfer of files to and from another computer over a network and that serves as the basis for standard Internet protocols. An FTP site is a portion of a network located outside of network firewalls within which internal and external users are able to access files. D. Portable Document Format (PDF): An open standard file format licensed by Adobe Systems used for representing documents in a device-independent and display resolution-independent fixed-layout document format. 1.5 SUBMITTAL LOG A. The Submittal Exchange Submittals log will be pre-populated with all required submittals for each specification section. 1.6 SUBMITTAL ADMINISTRATIVE REQUIREMENTS A. The Contractor shall submit shop drawings, product data, and samples in one complete group of submittals wherever possible. 1. Processing: The Contractor shall allow sufficient time for submittal review, including time for resubmittals. SUBMITTALS

124 REQUEST FOR PROPOSAL: BP 16-17:04 3 a. Allow three weeks for initial review (after receipt of all submittals required for the group). Allow additional time if the Architect must delay processing to permit coordination with resubmittals. b. Allow two weeks for processing each resubmittal. c. No extension of Contract Time will be authorized because of failure to transmit a complete group of submittals. B. Architect's Digital Data Files: Upon Contractor s request, and upon compliance with requirements of Section A Electronic Drawings Agreement, Architect may supply digital data files to Contractor. Architect is under no obligation or requirement to provide such files and, if it chooses to provide such files, does so as a courtesy and convenience to the Contractor and/or its subcontractors and suppliers. 1. Architect makes no representations as to the accuracy or completeness of digital data drawing files as they relate to the Contract Drawings. Contractor is solely responsible for verifying the accuracy and completeness of the digital data drawing files related to the Contract Documents. 2. Under no circumstances is Contractor entitled to any claim for additional time or monies due to Architect s failure to provide digital data files or for the Architect s time spent preparing and distributing files. It is the Contractor s sole responsibility to: a. Determine if the Architect agrees to provide the files and if not, to prepare its submittals without use of the electronic files. b. Comply with Architect s requirements in Section A Electronic Drawings Agreement. c. Account for Architect s time spent compiling and distributing the files requested in the scheduling of Contractor s submittal preparation and/or construction scheduling. C. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 2. Submit all submittal items required for each Specification Section concurrently unless partial submittals for portions of the Work are indicated on approved submittal schedule. 3. Submit action submittals and informational submittals required by the same Specification Section as separate packages under separate transmittals. 4. Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination. a. Architect reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. D. Paper Submittals: Paper submittals will not be accepted unless specifically requested by the Architect. E. Submittal Exchange Website Procedures: Identify and incorporate information for each submittal file as follows: SUBMITTALS

125 REQUEST FOR PROPOSAL: BP 16-17: Assemble complete submittal package into a single indexed file incorporating submittal requirements of a single Specification Section and transmittal form with links enabling navigation to each item. 2. Name file with submittal number, including revision identifier, as follows: a. File name shall use Specification Section number followed by a dash and then a sequential two-digit number (e.g., ). Resubmittals shall include a sequential alphabetic suffix after another dash (e.g., A). 3. Provide adequate space for insertion to permanently record Contractor's review and approval markings and action taken by Architect. 4. Transmittal Form for Electronic Submittals: Use electronic form acceptable to Architect containing the following information: a. Project name. b. Date. c. Name and address of Architect. d. Name of Contractor. e. Name of firm or entity that prepared submittal. f. Names of subcontractor, manufacturer, and supplier. g. Category and type of submittal. h. Submittal purpose and description. i. Specification Section number and title. j. Specification paragraph number or drawing designation and generic name for each of multiple items. k. Drawing number and detail references, as appropriate. l. Location(s) where product is to be installed, as appropriate. m. Related physical samples submitted directly. n. Indication of full or partial submittal. o. Transmittal number, numbered consecutively. p. Submittal and transmittal distribution record. q. Other necessary identification. r. Remarks. 5. Metadata: Include the following information as keywords in the electronic submittal file metadata: a. Project name. b. Number and title of appropriate Specification Section. c. Manufacturer name. d. Product name. F. Options: Identify options requiring selection by Architect. G. Deviations and Additional Information: On an attached separate sheet, prepared on Contractor's letterhead, record relevant information, requests for data, revisions other than those requested by Architect on previous submittals, and deviations from requirements in the Contract Documents, including minor variations and limitations. Include same identification information as related submittal. H. Resubmittals: Make resubmittals in same form as initial submittal. SUBMITTALS

126 REQUEST FOR PROPOSAL: BP 16-17: Note date and content of previous submittal. 2. Note date and content of revision in label or title block and clearly indicate extent of revision. 3. Resubmit submittals until they are marked as Reviewed or Furnish As Corrected with Architect's action stamp. I. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary for performance of construction activities. Show distribution on transmittal forms. J. Use for Construction: Retain complete copies of submittals on Project site. Use only final action submittals that are marked with approval notation from Architect's action stamp. 1.7 SHOP DRAWINGS A. Submit shop drawings showing newly prepared information drawn accurately to scale. Highlight, encircle, or otherwise indicate deviations from the Contract Documents. Do not reproduce Contract Documents or copy standard information as the basis of Shop Drawings. Standard information prepared without specific reference to the Project is not a Shop Drawing. B. Shop Drawings include fabrication and installation Drawings, setting diagrams, schedules, patterns, templates and similar Drawings. Include the following information: 1. Dimensions. 2. Identification of products and materials included by sheet and detail number. 3. Compliance with specified standards. 4. Notation of coordination requirements. 5. Notation of dimensions established by field measurement. 6. Instructions for maintenance and operation. 7. Sheet Size: Except for templates, patterns and similar full-size Drawings, submit Shop Drawings on sheets at least 8-1/2 by 11 but no larger than 36 by 48 inches. 8. Do not use Shop Drawings without an appropriate final stamp indicating action taken. 1.8 ARCHITECT'S ACTION A. Except for submittals for the record or information, where action and return is required, the Architect will review each submittal, mark to indicate action taken, and return promptly. 1. Compliance with specified characteristics is the Contractor's responsibility. B. Action Stamp: The Architect will stamp each submittal with a uniform action stamp. The Architect will mark the stamp appropriately to indicate the action taken. C. Unsolicited Submittals: The Architect will return unsolicited submittals or submittals from sources other than the Contractor without action. SUBMITTALS

127 REQUEST FOR PROPOSAL: BP 16-17:04 6 PART 2 - PRODUCTS (Not Applicable) 2.1 SUBMITTAL PROCEDURES A. General Submittal Procedure Requirements: Prepare and submit submittals required by individual Specification Sections. Types of submittals are indicated in individual Specification Sections. 1. Post electronic submittals as PDF electronic files directly to Submittal Exchange website established for Project. a. Architect will return annotated file. Annotate and retain one copy of file as an electronic Project record document file. 2. Certificates and Certifications Submittals: Provide a statement that includes signature of entity responsible for preparing certification. Certificates and certifications shall be signed by an officer or other individual authorized to sign documents on behalf of that entity. a. Provide a digital signature with digital certificate on electronically submitted certificates and certifications where indicated. b. Provide a notarized statement on original paper copy certificates and certifications where indicated. B. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. 1. If information must be specially prepared for submittal because standard published data are not suitable for use, submit as Shop Drawings, not as Product Data. 2. Mark each submittal to show which products and options are applicable. 3. Include the following information, as applicable: a. Manufacturer's catalog cuts. b. Manufacturer's product specifications. c. Standard color charts. d. Statement of compliance with specified referenced standards. e. Testing by recognized testing agency. f. Application of testing agency labels and seals. g. Notation of coordination requirements. h. Availability and delivery time information. 4. For equipment, include the following in addition to the above, as applicable: a. Wiring diagrams showing factory-installed wiring. b. Printed performance curves. c. Operational range diagrams. d. Clearances required to other construction, if not indicated on accompanying Shop Drawings. 5. Submit Product Data before or concurrent with Samples. SUBMITTALS

128 REQUEST FOR PROPOSAL: BP 16-17: Submit Product Data in the following format: a. PDF electronic file on Submittal Exchange website. C. Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data, unless submittal based on Architect's digital data drawing files is otherwise permitted. 1. Preparation: Fully illustrate requirements in the Contract Documents. Include the following information, as applicable: a. Identification of products. b. Schedules. c. Compliance with specified standards. d. Notation of coordination requirements. e. Notation of dimensions established by field measurement. f. Relationship and attachment to adjoining construction clearly indicated. g. Seal and signature of professional engineer if specified. 2. Sheet Size: Except for templates, patterns, and similar full-size drawings, submit Shop Drawings on sheets at least 8-1/2 by 11 inches (215 by 280 mm), but no larger than 30 by 42 inches (750 by 1067 mm). 3. Submit Shop Drawings in the following format: a. PDF electronic file on Submittal Exchange website. D. Samples: Submit Samples for review of kind, color, pattern, and texture for a check of these characteristics with other elements and for a comparison of these characteristics between submittal and actual component as delivered and installed. 1. Transmit Samples that contain multiple, related components such as accessories together in one submittal package. 2. Identification: Attach label on unexposed side of Samples that includes the following: a. Generic description of Sample. b. Product name and name of manufacturer. c. Sample source. d. Number and title of applicable Specification Section. e. Specification paragraph number and generic name of each item. 3. For projects where electronic submittals are required, provide corresponding electronic submittal of Sample transmittal, digital image file illustrating Sample characteristics, and identification information for record. 4. Disposition: Maintain sets of approved Samples at Project site, available for qualitycontrol comparisons throughout the course of construction activity. Sample sets may be used to determine final acceptance of construction associated with each set. a. Samples that may be incorporated into the Work are indicated in individual Specification Sections. Such Samples must be in an undamaged condition at time of use. SUBMITTALS

129 REQUEST FOR PROPOSAL: BP 16-17:04 8 b. Samples not incorporated into the Work, or otherwise designated as Owner's property, are the property of Contractor. 5. Samples for Initial Selection: Submit manufacturer's color charts consisting of units or sections of units showing the full range of colors, textures, and patterns available. a. Number of Samples: Submit one full set(s) of available choices where color, pattern, texture, or similar characteristics are required to be selected from manufacturer's product line. Architect will return submittal with options selected. 6. Samples for Verification: Submit full-size units or Samples of size indicated, prepared from same material to be used for the Work, cured and finished in manner specified, and physically identical with material or product proposed for use, and that show full range of color and texture variations expected. Samples include, but are not limited to, the following: partial sections of manufactured or fabricated components; small cuts or containers of materials; complete units of repetitively used materials; swatches showing color, texture, and pattern; color range sets; and components used for independent testing and inspection. a. Number of Samples: Submit three sets of Samples. Architect will return two samples. Mark up and retain one returned Sample set as a project record sample. 1) Submit a single Sample where assembly details, workmanship, fabrication techniques, connections, operation, and other similar characteristics are to be demonstrated. 2) If variation in color, pattern, texture, or other characteristic is inherent in material or product represented by a Sample, submit at least three sets of paired units that show approximate limits of variations. E. Product Schedule: As required in individual Specification Sections, prepare a written summary indicating types of products required for the Work and their intended location. Include the following information in tabular form: 1. Type of product. Include unique identifier for each product indicated in the Contract Documents or assigned by Contractor if none is indicated. 2. Manufacturer and product name, and model number if applicable. 3. Number and name of room or space. 4. Location within room or space. 5. Submit product schedule in the following format: a. PDF electronic file on Submittal Exchange website. F. Coordination Drawing Submittals: Comply with requirements in Division 01 Sections. G. Contractor's Construction Schedule: Comply with requirements specified in Section Construction Progress Documentation. H. Application for Payment and Schedule of Values: Comply with requirements specified in Division 01 Sections. SUBMITTALS

130 REQUEST FOR PROPOSAL: BP 16-17:04 9 I. Test and Inspection Reports and Schedule of Tests and Inspections Submittals: Comply with requirements specified in Division 01 Sections. J. Closeout Submittals and Maintenance Material Submittals: Comply with requirements specified in Division 01 Sections. K. Maintenance Data: Comply with requirements specified in Division 01 Sections. L. Qualification Data: Prepare written information that demonstrates capabilities and experience of firm or person. Include lists of completed projects with project names and addresses, contact information of architects and owners, and other information specified. M. Welding Certificates: Prepare written certification that welding procedures and personnel comply with requirements in the Contract Documents. Submit record of Welding Procedure Specification and Procedure Qualification Record on AWS forms. Include names of firms and personnel certified. N. Installer Certificates: Submit written statements on manufacturer's letterhead certifying that Installer complies with requirements in the Contract Documents and, where required, is authorized by manufacturer for this specific Project. O. Manufacturer Certificates: Submit written statements on manufacturer's letterhead certifying that manufacturer complies with requirements in the Contract Documents. Include evidence of manufacturing experience where required. P. Product Certificates: Submit written statements on manufacturer's letterhead certifying that product complies with requirements in the Contract Documents. Q. Material Certificates: Submit written statements on manufacturer's letterhead certifying that material complies with requirements in the Contract Documents. R. Material Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting test results of material for compliance with requirements in the Contract Documents. S. Product Test Reports: Submit written reports indicating that current product produced by manufacturer complies with requirements in the Contract Documents. Base reports on evaluation of tests performed by manufacturer and witnessed by a qualified testing agency, or on comprehensive tests performed by a qualified testing agency. T. Research Reports: Submit written evidence, from a model code organization acceptable to authorities having jurisdiction, that product complies with building code in effect for Project. Include the following information: 1. Name of evaluation organization. 2. Date of evaluation. 3. Time period when report is in effect. 4. Product and manufacturers' names. 5. Description of product. 6. Test procedures and results. 7. Limitations of use. SUBMITTALS

131 REQUEST FOR PROPOSAL: BP 16-17:04 10 U. Preconstruction Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of tests performed before installation of product, for compliance with performance requirements in the Contract Documents. V. Compatibility Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of compatibility tests performed before installation of product. Include written recommendations for primers and substrate preparation needed for adhesion. W. Field Test Reports: Submit written reports indicating and interpreting results of field tests performed either during installation of product or after product is installed in its final location, for compliance with requirements in the Contract Documents. X. Design Data: Prepare and submit written and graphic information, including, but not limited to, performance and design criteria, list of applicable codes and regulations, and calculations. Include list of assumptions and other performance and design criteria and a summary of loads. Include load diagrams if applicable. Provide name and version of software, if any, used for calculations. Include page numbers. 2.2 DELEGATED-DESIGN SERVICES A. Performance and Design Criteria: Where professional design services or certifications by a design professional are specifically required of Contractor by the Contract Documents, provide products and systems complying with specific performance and design criteria indicated. 1. If criteria indicated are not sufficient to perform services or certification required, submit a written request for additional information to Architect. B. Delegated-Design Services Certification: In addition to Shop Drawings, Product Data, and other required submittals, submit digitally signed PDF electronic file of certificate, signed and sealed by the responsible design professional, for each product and system specifically assigned to Contractor to be designed or certified by a design professional. 1. Indicate that products and systems comply with performance and design criteria in the Contract Documents. Include list of codes, loads, and other factors used in performing these services. PART 3 - EXECUTION 3.1 CONTRACTOR'S REVIEW A. Action and Informational Submittals: Review each submittal and check for coordination with other Work of the Contract and for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Architect. B. Project Closeout and Maintenance Material Submittals: See requirements in Division 01 Sections. SUBMITTALS

132 REQUEST FOR PROPOSAL: BP 16-17:04 11 C. Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents. 3.2 ARCHITECT'S ACTION A. Action Submittals: Architect will review each submittal, make marks to indicate corrections or revisions required, and return it. Architect will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action. B. Informational Submittals: Architect will review each submittal and will not return it, or will return it if it does not comply with requirements. C. Partial submittals prepared for a portion of the Work will be reviewed when use of partial submittals has received prior approval from Architect. D. Incomplete submittals are unacceptable, will be considered nonresponsive, and will be returned for resubmittal without review. E. Submittals not required by the Contract Documents may be returned without action. END OF SECTION SUBMITTALS

133 REQUEST FOR PROPOSAL: BP 16-17:04 1 SECTION PROJECT MANAGEMENT AND COORDINATION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to the Section. 1.2 SUMMARY A. This Section includes administrative provisions for coordinating construction operations on Project including, but limited to, the following: 1. Coordination Drawings. 2. Administrative and supervisory personnel. 3. Project meetings. 4. Request for Interpretation (RFIs) B. Each contractor shall participate in coordination requirements. Certain areas of responsibility will be assigned to a specific contractor. C. Related Sections include the following: 1. Division Section Submittals for preparing and submitting Contractor s Construction Schedule. D. The Owner has purchased a license to Submittal Exchange for the Project in order to facilitate communication, record keeping and documentation for the Project, as well as to conserve paper resources, shipping expenses and to eliminate shipping time in the construction schedule. 1. All submittals, RFIs, meeting minutes and other documentation required shall be submitted in PDF format via Submittal Exchange. Paper copies are not allowed unless specifically requested by the Owner; in which case a PDF file that exactly matches the paper copy must be uploaded to Submittal Exchange for the Project record. E. The Contractor will receive an archive of all documentation at Project closeout for its permanent records. 1.3 DEFINITIONS A. RFI: Request from Contractor seeking interpretation or clarification of the Contract Documents. 1.4 COORDINATION A. Coordination: Coordinate construction operations included in different Sections of the Specifications to ensure efficient and orderly installation of each part of the Work. Coordinate construction operations, included in different Sections that depend on each other for proper installation, connection, and operation. 1. Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before or after its own installation. 2. Coordinate installation of different components with other contractors to ensure maximum accessibility for required maintenance, service, and repair. 3. Make adequate provisions to accommodate items scheduled for later installation 4. Where availability of space is limited, coordinate installation of different components to ensure maximum performance and accessibility for required maintenance, service, and repair of all components, including mechanical and electrical. PROJECT MANAGEMENT AND COORDINATION

134 REQUEST FOR PROPOSAL: BP 16-17:04 2 B. Prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required notices, reports, and list of attendees at meetings. 1. Prepare similar memoranda for Owner and separate contractors if coordination of their Work is required. C. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities and activities of other contractors to avoid conflicts and to ensure orderly progress of the Work. Such administrative activities include, but not limited to, the following: 1. Preparation of Contractor s Construction Schedule. 2. Preparation of the Schedule of Values. 3. Installation and removal of temporary facilities and controls. 4. Delivery and processing of submittals. 5. Progress meetings 6. Pre-installation conferences. 7. Project closeout activities. 8. Startup and adjustment of systems 9. Project closeout activities. D. Conservation: Coordinate construction activities to ensure the operations are carried out with consideration given to conservation of energy, water, and materials. 1. Salvage materials and equipment involved in performance of, but not actually incorporated into, the Work. Refer to other Sections for disposition of salvaged materials that are designated as Owner s property. 1.5 SUBMITTALS A. Coordination Drawings: Prepare Coordination Drawings if limited space availability necessitates maximum utilization of space for efficient installation of different components or if coordination is required for installation of products and materials fabricated by separate entities. 1. Content: Project-specific information, drawn accurately to scale. Do not base Coordination Drawings on reproductions of the Contract Documents or standard printed data. Include the following information, as applicable: a. Indicate functional and spatial relationships of components of architectural, structural, civil, mechanical, and electrical systems. b. Indicate required installation sequences. c. Indicate dimensions shown on the Contract Drawings and make specific note of dimensions that appear to be in conflict with submitted equipment and minimum clearance requirements. Provide alternate sketches to Architect for resolution of such conflicts. Minor dimension changes and difficult installations will not be considered changes to the Contract. 2. Sheet Size: At least 8-1/2 by 11 inches (215 by 280 mm) but no larger than 30 by 40 inches (750 by 1000mm) 3. Format: Upload to Submittal Exchange as one PDF file. 4. Refer to individual Sections for Coordination Drawing requirements for Work in those Sections. B. Key Personnel Name: Within 15 days of starting construction operations, submit a list of key personnel assignments, including superintendent and other personnel in attendance at Project site. Identify individuals and their duties and responsibilities; list addresses and telephone numbers, including home and office telephone numbers. Provide names, addresses, and PROJECT MANAGEMENT AND COORDINATION

135 REQUEST FOR PROPOSAL: BP 16-17:04 3 telephone numbers of individuals assigned as standbys in the absence of individuals assigned to Project. 1. Post copies of list in Project meeting room, in temporary field office, and by each temporary telephone. Keep list current at all times. 1.6 ADMINISTRATIVE AND SUPERVISORY PERSONNEL A. General: In addition to Project superintendent, provide other administrative and supervisory personnel as required for proper performance of the Work 1.7 PROJECT MEETINGS A. General: Schedule and conduct meetings and conferences at Project site, unless otherwise indicated. 1. Attendees: Inform participants and others involved, and individuals whose presence is required, of date and time of each meeting. Notify Owner and Architect of scheduled meeting dates and times. 2. Agenda: Prepare the meeting agenda. Upload the agenda as one PDF file to Submittal Exchange. 3. Minutes: Record significant discussions and agreements achieved. Upload the minutes as one PDF file in Submittal Exchange within three days of the meeting. B. Preconstruction Conference: Schedule a preconstruction conference before starting construction, at a time convenient to Owner and Architect, but no later than 15 days after execution of the Agreement. Hold the conference at Project site or another convenient location. Conduct the meeting to review responsibilities and personnel assignments. 1. Attendees: Authorized representatives of Owner, Architect, and their consultants; Contractor and its superintendent; major subcontractors; suppliers; and other concerned parties shall attend the conference. All participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work. 2. Agenda: Discuss items of significance that could affect progress, including the following: a. Tentative construction schedule. b. Phasing. c. Critical work sequencing and long-lead items. d. Designation of key personnel and their duties. e. Procedures for processing field decisions and Change Orders. f. Procedures for RFIs. g. Procedures for testing and inspecting h. Procedures for processing Applications for Payment. i. Submittal procedures. j. Preparation of Record Documents. k. Use of the premises and existing building. l. Work restrictions. m. Owner s occupancy requirements. n. Responsibility for temporary facilities and controls. o. Parking availability. p. Office, work, and storage areas. q. First aid. r. Security. s. Progress cleaning. t. Working hours. PROJECT MANAGEMENT AND COORDINATION

136 REQUEST FOR PROPOSAL: BP 16-17: Minutes: Record and upload meeting minutes as one PDF file to Submittal Exchange. C. Pre-Installation Conferences: Conduct a pre-installation conference at Project site before each construction activity that requires coordination with other construction. 1. Attendees: Installer and representatives of manufactures and fabricators involved in or affected by the installation and its coordination or integration with other materials and installations that have preceded or will follow, shall attend the meeting. Advise Architect of scheduled meeting dates. 2. Agenda: Review progress of other construction activities and preparations for the particular activity under consideration, including requirements for the following: a. The Contract Documents. b. Options. c. Related RFIs. d. Related Change Orders. e. Deliveries. f. Submittals. g. Review of mockups. h. Compatibility problems. i. Compatibility problems. j. Time schedules. k. Weather limitations. l. Warranty requirements. m. Acceptability of substrates. n. Space and access limitations. o. Testing and inspecting requirements. p. Installation procedures. q. Coordination with other work. r. Required performance results. s. Protection of adjacent work. 3. Record significant conference discussions, agreements, and disagreements, including required corrective measures and actions. 4. Reporting: Upload minutes of the meeting as one PDF file to Submittal Exchange. 5. Do not proceed with installation if the conference cannot be successfully concluded. Initiate whatever actions are necessary to resolve impediments to performance of the Work and reconvene the conference at earliest feasible date. D. Progress Meetings: Conduct progress meetings at biweekly intervals. Coordinate dates of meetings with preparation of payment request. 1. Attendees: In addition to representatives of Owner and Architect, each contractor, subcontractor, supplier, and other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work. 2. Agenda: Review and correct or approve minutes of previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project. a. Contractor s Construction Schedule: Review progress since the last meeting. Determine whether each activity is on time, ahead of schedule, or behind schedule, in relation to Contractor s Construction Schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. PROJECT MANAGEMENT AND COORDINATION

137 REQUEST FOR PROPOSAL: BP 16-17:04 5 1) Review schedule for next period b. Review present and future needs of each entity present, including the following: 1) Interface requirements. 2) Sequence of operations. 3) Status of submittals. 4) Deliveries. 5) Hazards and risks 6) Status of correction of deficient items. 7) Field observations. 8) RFIs. 9) Status of Change Orders. 10) Pending changes. 11) Status of Change Orders. 12) Pending claims and disputes. 3. Minutes: Record the meeting minutes. 4. Reporting: Upload minutes of the meeting as one PDF file to Submittal Exchange. a. Schedule Updating: Revise Contractor s Construction Schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue revised schedule concurrently with the report of each meeting. 1.8 REQUESTS FOR INTERPRETATION (RFIs) A. Procedure: Immediately on discovery of the need for interpretation of the Contract Documents, and if not possible to request interpretation at Project meeting, prepare and submit an RFI in the form specified. 1. RFIs shall originate with Contractor. RFIs submitted by entities other than Contractor will be returned with no response. 2. Coordinate and submit RFIs in a prompt manner so as to avoid delays in Contractor s work or work of subcontractors. 3. Upload sequentially numbered RFIs as one PDF file to Submittal Exchange. Multiple PDF files, s or other RFI formats will not be reviewed. B. Content of the RFI: Include a detailed, legible description of item needing interpretation and the following: 1. Project name. 2. Date. 3. Name of Contractor. 4. Name of Architect. 5. RFI number, numbered sequentially. 6. Specification Section number and title and related paragraphs, as appropriate. 7. Drawing number and detail references, as appropriate. 8. Field dimensions and conditions, as appropriate. 9. Contractor s suggested solutions(s). If Contractor s solution(s) impact the Contract Time or the Contract Sum, Contractor shall state impact in the RFI. 10. Contractor s signature. 11. Attachments: Include drawings, descriptions, measurements, photos, Product Data, Shop Drawings, and other information necessary to fully describe items needing interpretation. a. Supplementary drawings prepared by Contractor shall include dimensions, thicknesses, structural grid references, and details of affected materials, assemblies, and attachments. PROJECT MANAGEMENT AND COORDINATION

138 REQUEST FOR PROPOSAL: BP 16-17:04 6 C. Software-Generated RFIs: Software-generated form with substantially the same content as indicated above and approved by the Owner and Architect in advance. 1. Attachments shall be electronic files in Adobe Acrobat PDF format. D. Architect s Action: Architect will review each RFI, determine action required, and return it via Submittal Exchange. Allow seven working days for Architect s response for each RFI. RFls received after 1:00 p.m. will be considered as received the following working day. 1. The following RFIs will be returned without action: a. Requests for approval of submittals. b. Requests for approval of substitutions. c. Request for coordination information already indicated in the Contract Documents. d. Requests for adjustments in the Contract Time or the Contract Sum. e. Requests for interpretation of Architect s actions on submittals. f. Incomplete RIFs or RFIs with numerous errors. 2. Architect s action may include a request for additional information, in which case Architect s time for response will start again. 3. Architect s action on RFIs that may result in a change to the Contract Time or the Contract Sum may be eligible for Contractor to submit Change Proposal according to Division 01 Section Contract Modification Procedures. a. If Contractor believes the RFI response warrants change in the Contract Time or the Contract Sum, notify Architect in writing within 10 days of receipt of the RFI response. E. On receipt of Architect s action, immediately distribute the RFI response to affected parties. Review response and notify Architect within seven days if Contractor disagrees with response. F. RFI Log: Use the RFI log in Submittal Exchange. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION PROJECT MANAGEMENT AND COORDINATION

139 REQUEST FOR PROPOSAL: BP 16-17:04 1 SECTION CONSTRUCTION PROGRESS DOCUMENTATION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for documenting the progress of construction during performance of the Work, including the following. 1. Preliminary Construction Schedule. 2. Contractor s Construction Schedule. 3. Submittals Schedule. 4. Daily construction reports. 5. Field condition reports. 6. Special reports. B. Related Sections include the following: 1. Division 01 Section Payment Procedures for submitting the Schedule of Values. 2. Division 01 Section Project Management and Coordination for submitting and distributing meeting and conference minutes. 3. Division 01 Section Submittal Procedures for submitting schedules and reports. 4. Division 01 Section Quality Requirements for submitting a schedule of tests and inspections. 1.3 DEFINITIONS A. Activity: A discrete part of a project that can be identified for planning, scheduling, monitoring, and controlling the construction project. Activities included in a construction schedule consume time and resources. 1. Critical activities are activities on the critical path. They must start and finish on the planned early start and finish times. 2. Predecessor Activity: An activity that precedes another activity in the network. 3. Successor Activity: An activity that follows another activity in the network. B. Cost Loading: The allocation of the Schedule of Values for the completion of an activity as scheduled. The sum of costs for all activities must equal the total Contract Sum, unless otherwise approved by Architect. CONSTRUCTION PROGRESS DOCUMENTATION

140 REQUEST FOR PROPOSAL: BP 16-17:04 2 C. CPM: Critical path method, which is a method of planning and scheduling a construction project where activities are arranged based on activity relationships. Network calculations determine when activities can be performed and the critical path of Project. D. Critical Path: The longest connected chain of interdependent activities through the network schedule that establishes the minimum overall Project duration and contains no float. E. Event: The starting ore ending point of an activity. F. Float: The measure of leeway in starting and completing an activity. 1. Float time is not for the exclusive use or benefit of either Owner or Contractor, but is a jointly owned, expiring Project resource available to both parties as needed to meet schedule milestones and Contract completion date. 2. Free float is the amount of time an activity can be delayed without adversely affecting the early start of the successor activity. 3. Total float is the measure of leeway in starting or completing an activity without adversely affecting the planned Project completion date. G. Fragnet: A partial or fragmentary network that breaks down activities into smaller activities for greater detail. H. Major Area: A story of construction, a separate building, or a similar significant construction element. I. Milestone: A key or critical point in time for reference or measurement. J. Network Diagram: A graphic diagram of a network schedule, showing activities and activity relationships. K. Resource Loading: The allocation of manpower and equipment necessary for the completion of an activity as scheduled. 1.4 SUBMITTALS A. Submittals Schedule: All required submittals will be populated in the Submittals log in Submittal Exchange. Add the submittal date to each submittal. Factor in all review time needed by Architect, Engineers and other consultants. Account for sequential reviews required for multiple discipline items. Account for long-lead time items. 1. No additional costs will be approved by the Owner for Contractor s failure to account for adequate review time, or time required due to revisions and resubmittals for incomplete or incorrect submittals, ordering schedules, long lead time materials, etc. B. Preliminary Construction Schedule: Upload as one PDF file to Submittal Exchange. 1. Approval of cost-loaded preliminary construction schedule will not constitute approval of Schedule of Values for cost-loaded activities. C. Contractor s Construction Schedule: Upload as one PDF file to Submittal Exchange. CONSTRUCTION PROGRESS DOCUMENTATION

141 REQUEST FOR PROPOSAL: BP 16-17:04 3 D. CPM Reports: Concurrent with CPM schedule, produce each of the following computer generated reports. Format for each activity in reports shall contain activity description cost and resource loading, original duration, remaining duration, early start date, early finish date, late start date, late finish date and total float in calendar days. 1. Activity Report: List of all activities sorted by activity number and then early start date, or actual start date if known. 2. Logic Report: List of preceding and succeeding activities for all activities, sorted in ascending order by activity number and then early start date, or actual start date if known. 3. Total Float Report: List of all activities sorted in ascending order of total float. 4. Earnings Report: Compilation of Contractor s total earnings from the Notice to Proceed until most recent Application for Payment. E. Daily Construction Reports: Upload as one PDF file to Submittal Exchange at weekly intervals. F. Field Condition Reports: Upload as one PDF file to Submittal Exchange at time of discovery of differing conditions. G. Special Reports: Upload as one PDF file to Submittal Exchange at time of unusual event. 1.5 COORDINATION A. Coordinate preparation and processing of schedules and reports with performance of construction activities and with scheduling and reporting of separate contractors. B. Coordinate Contractor s Construction Schedule with the Schedule of Values, list of subcontracts, Submittals Schedule, progress reports, payment requests, and other required schedules and reports. 1. Secure time commitments for performing critical elements of the Work from parties involved. 2. Coordinate each construction activity in the network with other activities and schedule them in proper sequence. PART 2 - PRODUCTS 2.1 SUBMITTALS SCHEDULE A. Dates: Add date for each submittal in the prepopulated Submittals log in Submittal Exchange.. Include time required for review, resubmittal, ordering, manufacturing, fabrication, and delivery when establishing dates. 1. Coordinate Submittals dates with list of subcontractors, the Schedule of Values, and Contractor s Construction Schedule. CONSTRUCTION PROGRESS DOCUMENTATION

142 REQUEST FOR PROPOSAL: BP 16-17: CONTRACTOR S CONSTRUCTION SCHEDULE, GENERAL A. Procedures: Comply with procedures contained in AGC s Construction Planning & Scheduling. B. Time Frame: Extend schedule from date established for the Notice to Proceed to date of Final Completion. 1. Contract completion date shall not be changed by submission of a schedule that shows an early completion date, unless specifically authorized by Change Order. C. Activities: Treat each story or separate area as a separate numbered activity for each principal element of the Work. Comply with the following: 1. Activity Duration: Define activities so no activity is longer than 20 days, unless specifically allowed by Architect. 2. Procurement Activities: Include procurement process activities for the following long lead items and major items, requiring a cycle of more than 60 days, as separate activities in schedule. Procurement cycle activities include, but limited to, submittals, approvals, purchasing, fabrication, and delivery. 3. Submittal Review Time: Include review and resubmittal times indicated in Division 01 Section Submittal Procedures in schedule. Coordinate submittal review times in Contractor s Construction Schedule with Submittals Schedule. 4. Startup and Testing Time: Include appropriate number days for startup and testing. 5. Substantial Completion: Indicate completion in advance of date established for Substantial Completion, and allow time for Architect s administrative procedures necessary for certification of Substantial Completion. D. Constraints: Include constraints and work restrictions indicated in the Contract Documents and as follows in schedule, and show how the sequence of the Work is affected. 1. Phasing: Arrange list of activities on schedule by phase. E. Milestones: Include milestones indicated in the Contract Documents in schedule, including, but not limited to, the Notice to Proceed, Substantial Completion, and Final Completion. F. Cost Correlation: At the head of schedule, provide a cost correlation line, indicating planned and actual costs. On line, show dollar volume of the Work performed as of dates used for preparation of payment requests. 1. Refer to Division 01 Section Payment Procedures for cost reporting and payment procedures. 2. Contractor shall assign cost to construction activities on the CPM schedule. Cost shall not be assigned to submittal activities unless specified otherwise but may, with Architect s approval, be assigned to fabrication and delivery activities. Costs shall be under required principal subcontracts for testing and commissioning activities, operation and maintenance manuals, punch list activities, Project Record Documents, and demonstration and training (if applicable), in the amount of 5 percent of the Contract Sum. 3. Each activity cost shall reflect an accurate value subject to approval by Architect. 4. Total cost assigned to activities shall equal the total Contract Sum. CONSTRUCTION PROGRESS DOCUMENTATION

143 REQUEST FOR PROPOSAL: BP 16-17:04 5 G. Contract Modifications: For each proposed contract modification and concurrent with its submission, prepare a time-impact analysis using fragnets to demonstrate the effect of the proposed change on the overall project schedule. 2.3 PRELIMINARY CONSTRUCTION SCHEDULE A. Bar-Chart Schedule: Submit preliminary horizontal bar-chart-type construction schedule within seven days of date established for the Notice to Proceed. B. Preparation: Indicate each significant construction activity separately. Identify first workday of each week with a continuous vertical line. Outline significant construction activities for first 60 days of construction. Include skeleton diagram for the remainder of the Work and a cash requirement prediction based on indicated activities. 2.4 CONTRACTOR S CONSTRUCTION SCHEDULE (CPM SCHEDULE) A. General: Prepare network diagrams using AON (activity-on-node) format. B. CPM Schedule: Prepare Contractor s Construction Schedule using a computerized, cost and resource loaded, time-scaled CPM network analysis diagram for the Work. 1. Develop network diagram in sufficient time to submit CPM schedule so it can be accepted for use no later than 30 days after established for the Notice to Proceed. a. Failure to include any work item required for performance of this Contract shall not excuse Contractor from completing all work within applicable completion dates, regardless of Architect s approval of the schedule. 2. Conduct educational workshops to train and inform key Project personnel, including subcontractors personnel, in proper methods of providing data and using CPM schedule information. 3. Establish procedures for monitoring and updating CPM schedule and for reporting progress. Coordinate procedures with progress meeting and payment request dates. 4. Use one workday as the unit of time. Include list of nonworking days and holidays incorporated into the schedule. C. CPM Schedule Preparation: Prepare a list of all activities required to complete the Work. Using the preliminary network diagram, prepare a skeleton network to identify probable critical paths. 1. Activities: Indicate the estimated time duration, sequence requirements, and relationship of each activity in relation to other activities. Include estimated time frames for the following activities: a. Preparation and processing of submittals. b. Mobilization and demobilization. c. Delivery. d. Fabrication e. Installation. CONSTRUCTION PROGRESS DOCUMENTATION

144 REQUEST FOR PROPOSAL: BP 16-17:04 6 f. Testing and Commissioning. 2. Critical Path Activities: Identify critical path activities, including those for interim completion dates. Scheduled start and completion dates shall be consistent with Contract milestone dates. 3. Processing: Process data to produce output data on a computer-drawn, time-scaled network. Revise data, reorganize activity sequences, and reproduce as often as necessary to produce the CPM schedule within the limitations of the Contract Time. 4. Format: Mark the critical path. Locate the critical path near center of network; locate paths with most float near the edges. a. Subnetworks on separate sheets are permissible for activities clearly off the critical path. D. Initial Issue of Schedule: Prepare initial network diagram from a list of straight early starttotal float sort. Identify critical activities. Prepare tabulated reports showing the following: 1. Contractor or subcontractor and the Work or activity. 2. Description of activity. 3. Principal events of activity. 4. Immediate preceding and succeeding activities. 5. Early and late start dates. 6. Early and late finish dates. 7. Activity duration in workdays. 8. Total float or slack time. 9. Average size of workforce. 10. Dollar value of activity (coordinated with the Schedule of Values). E. Schedule Updating: Concurrent with making revisions to schedule, prepare tabulated reports showing the following: 1. Identification of activities that have changed. 2. Changes in early and late start dates. 3. Changes in early and late finish dates. 4. Changes in activity durations in workdays. 5. Changes in the critical path. 6. Changes in total float or slack time. 7. Changes in the Contract Time. F. Value Summaries: Prepare two cumulative value lists, sorted by finish dates. 1. In first list, tabulate activity number, early finish date, dollar value, and cumulative dollar value. 2. In second list, tabulate activity number, late finish date, dollar value, and cumulative dollar value. 3. In subsequent issues of both lists, substitute actual finish dates for activities completed as of list date. 4. Prepare list for ease of comparison with payment requests; coordinate timing with progress meetings. CONSTRUCTION PROGRESS DOCUMENTATION

145 REQUEST FOR PROPOSAL: BP 16-17:04 7 a. In both value summary lists, tabulate actual percent complete and cumulative value completed with total at bottom. b. Submit value summary printouts one week before each regularly scheduled progress meeting. 2.5 REPORTS A. Daily Construction Reports: Prepare a daily construction report recording the following information concerning events at Project site. Upload each report in one PDF file to Submittal Exchange: 1. List of subcontractors at Project site. 2. List of separate contractors at Project site. 3. Approximate count of personnel at Project site. 4. Material deliveries 5. High and low temperatures and general weather conditions. 6. Accidents 7. Meetings and significant decisions. 8. Unusual events (refer to special reports). 9. Stoppages, delays, shortages, and losses. 10. Emergency procedures. 11. Orders and requests of authorities having jurisdiction. 12. Change Orders received and implemented. 13. Construction Change Directives received and implemented. 14. Services connected and disconnected. 15. Equipment or system tests and startups. 16. Partial Completions and occupancies. 17. Substantial Completions authorized. B. Field Condition Reports: Immediately on discovery of a difference between field conditions and the Contract Documents, prepare and submit a detailed report. Submit with a request for interpretation. Include a detailed description of the differing conditions, together with recommendations for changing the Contract Documents. 2.6 SPECIAL REPORTS A. Reporting Unusual Events: When an event of an unusual and significant nature occurs at Project site, whether or not related directly to the Work, prepare and submit a special report. List chain of events, persons participating, and response by Contractor s personnel, evaluation of results or effects, and similar pertinent information. Advise Owner in advance when these events are known or predictable. 1. Upload Special Report as one PDF file to Submittal Exchange. CONSTRUCTION PROGRESS DOCUMENTATION

146 REQUEST FOR PROPOSAL: BP 16-17:04 8 PART 3 - EXECUTION 3.1 CONTRACTOR S CONSTRUCTION SCHEDULE A. Contractor s Construction Schedule Updating: At monthly intervals, update schedule to reflect actual construction progress and activities. Upload schedule as one PDF file to Submittal Exchange one week before each regularly scheduled progress meeting. 1. Revise schedule immediately after each meeting or other activity where revisions have been recognized or made. Issue updated schedule concurrently with the report of each such meeting. 2. Include a report with updated schedule that indicates every change, including, but not limited to, changes in logic, durations, actual starts and finishes, and activity durations. 3. As the Work progresses, indicate Actual Completion percentage for each activity. B. Distribution: Distribute copies of approved schedule via Submittal Exchange to Architect Owner, separate contractors, testing and inspecting agencies, and other parties identified by Contractor with a need-to-know schedule responsibility. 1. Post copies in Project meeting rooms and temporary field offices. 2. When revisions are made, upload updated schedules to Submittal Exchange and post in the same locations. Delete parties from distribution when they have completed their assigned portion of the Work and are no longer involved in performance of construction activities. END OF SECTION CONSTRUCTION PROGRESS DOCUMENTATION

147 REQUEST FOR PROPOSAL: BP 16-17:04 1 SECTION QUALITY REQUIREMENTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for quality assurance and quality control. B. Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with the Contract Document requirements. 1. Specific quality-assurance and control requirements for individual construction activities are specified in the Sections that specify those activities. Requirements in those Sections may also cover production of standard products. 2. Specified tests, inspections, and related actions do not limit Contractor s other qualityassurance and control procedures that facilitate compliance with the Contract Document requirements. 3. Requirements for Contractor to provide quality-assurance and control services required by Architect, Owner, or authorities having jurisdiction are not limited by provisions of this Section. C. Related Sections include the following: 1. Division 01 Section Allowances for testing and inspecting allowances. 2. Division 01 Section Construction Progress Documentation for developing a schedule of required tests and inspections. 3. Division 01 Section Cutting and Patching for repair and restoration of construction disturbed by testing and inspecting activities. 4. Division 02 through 49 Sections for specific test and inspection requirements. 1.3 DEFINITIONS A. Quality-Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and substantiate that proposed construction will comply with requirements. B. Quality-Control Services: Tests, inspections, procedures, and related actions during and after execution of the Work to evaluate that actual products incorporated into the Work and completed construction comply with requirements. Services do not include contract enforcement activities performed by Architect. QUALITY REQUIREMENTS

148 REQUEST FOR PROPOSAL: BP 16-17:04 2 C. Mockup: Full-size, physical assemblies that are constructed on-site. Mockups are used to verify selections made under sample submittals, to demonstrate aesthetic effects and, where indicated, qualities of materials and execution, and to review construction, coordination, testing, or operation; they are not Samples. Approved mockups establish the standard by which the Work will be judged. D. Laboratory Mockups: Full-size, physical assemblies that are constructed at testing facility to verify performance characteristics. E. Preconstruction Testing: Tests and inspections that are performed specifically for the Project before products and materials are incorporated into the Work to verify performance or compliance with specified criteria. F. Product Testing: Tests and inspections that are performed by an NRTL, and NVLAP, or a testing agency qualified to conduct product testing and acceptable to authorities having jurisdiction, to establish product performance and compliance with industry standards. G. Source Quality-Control Testing: Tests and inspections that are performed at the source, i.e., plant, mill, factory, or shop. H. Field Quality-Control Testing: Tests and inspections that are performed on-site for installation of the Work and for completed Work. I. Testing Agency: An entity engaged to perform specific tests, inspections, or both. Testing laboratory shall mean the same as testing agency. J. Installer/Applicator/Erector: Contractor or another entity engaged by Contractor as an employee, Subcontractor, or Sub-Subcontractor, to perform a particular construction operation, including installation, erection, application, and similar operations. 1. Using a term such as Carpentry does not imply that certain construction activities must be performed by accredited or unionized individuals of a corresponding generic name, such as carpenter. It also does not imply that requirements specified apply exclusively to tradespeople of the corresponding generic name. K. Experienced: When used with an entity, experienced means having successfully completed a minimum of five previous projects similar in size and scope to this Project; being familiar with special requirements indicated; and having complied with requirements of authorities having jurisdiction. 1.4 CONFLICTING REQUIREMENTS A. General: If compliance with two or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quality levels, comply with the most stringent requirement. Refer uncertainties and requirements that are different, but apparently equal, to Architect for a decision before proceeding. B. Minimum Quantity of Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. QUALITY REQUIREMENTS

149 REQUEST FOR PROPOSAL: BP 16-17:04 3 To comply with these requirements, indicated numeric values are minimum or maximum, as appropriate, for the context of requirements. Refer uncertainties to Architect for a decision before proceeding. 1.5 SUBMITTALS A. Qualification Data: For testing agencies specified in Quality Assurance Article to demonstrate their capabilities and experience. Include proof of qualifications in the form of a recent report on the inspection of the testing agency by a recognized authority. B. Reports: Prepare and submit certified written reports that include the following: 1. Date of issue. 2. Project tile and number. 3. Name, address, and telephone number of testing agency. 4. Dates and locations of samples and tests or inspections. 5. Names of individuals making tests and inspections. 6. Description of the Work and test and inspection method. 7. Identification of product and Specification Section. 8. Complete test or inspection data. 9. Test and inspection results and an interpretation of test results. 10. Record of temperature and weather conditions at time of sample taking and testing and inspecting. 11. Comments or professional opinion on whether tested or inspected Work complies with the Contract Document requirements. 12. Name and signature of laboratory inspector. 13. Recommendations on retesting and reinspecting. C. Permits, Licenses, and Certificates: For Owner s records, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgements, correspondence, records, and similar documents, established for compliance with standards and regulations bearing on performance of the Work. 1.6 QUALITY ASSURANCE A. General: Qualifications paragraphs in the Article establish the minimum qualification levels required; individual Specification Sections specify additional requirements. B. Installer Qualifications: A firm or individual experienced in installing, erecting, or assembling work similar in material, design, and extent to the indicated for this Project, whose work has resulted in construction with a record of successful in-service performance. C. Manufacturer Qualifications: A firm experienced in manufacturing products or systems similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units. D. Fabricator Qualifications: A firm experienced in producing products similar to those indicated for this Project and with a record of successful in-service performance as well as sufficient production capacity to produce required units. QUALITY REQUIREMENTS

150 REQUEST FOR PROPOSAL: BP 16-17:04 4 E. Professional Engineer Qualifications: A professional engineer who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing engineering services of the kind indicated. Engineering services are defined as those performed for installations of the system, assembly, or product that are similar to those indicated for this Project in material, design, and extent. F. Testing Agency Qualifications: An NRTL, an NVLAP, or an independent agency with the experience and capability to conduct testing and inspecting indicated, as documented according to ASTME 548; and with additional qualifications specified in individual Sections; and where required by authorities having jurisdiction, that is acceptable to authorities. 1. NRTL: A nationally recognized testing laboratory according to 29 CFR NVLAP: A testing agency accredited according to NIST s National Voluntary Laboratory Accreditation Program. G. Factory-Authorized Service Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to inspect installation of manufacturer s products that are similar in material, design, and extent to those indicated for this Project. H. Preconstruction Testing: Where testing agency is indicated to perform preconstruction testing for compliance with specified requirements for performance and test methods, comply with the following: 1. Contractor responsibilities include the following: a. Provide test specimens representative of proposed products and construction. b. Submit specimens in a timely manner with sufficient time for testing and analyzing results to prevent delaying the Work. c. Provide sizes and configurations of test assemblies, mockups, and laboratory mockups to adequately demonstrate capability of products to comply with performance requirements. d. Build site-assembled test assemblies and mockups using installers who will perform same tasks for Project. e. Build laboratory mockups at testing facility using personnel, products, and methods of construction indicated for the completed Work. f. When testing is complete, remove test specimens, assemblies, mockups, and laboratory mockups; do not reuse products on Project. 2. Testing Agency Responsibilities: Submit a certified written report of each test, inspection, and similar quality-assurance service to Architect, with copy t Contractor. Interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from the Contract Documents. I. Mockups: Before installing portions of the Work requiring mockups, build mockups for each form of construction and finish required to comply with the following requirements, using materials indicated for the completed Work: 1. Build mockups in location and of size indicated or, if not indicated, as directed by Architect. QUALITY REQUIREMENTS

151 REQUEST FOR PROPOSAL: BP 16-17: Notify Architect seven days in advance of dates and times when mockups will be constructed. 3. Demonstrate the proposed range of aesthetic effects and workmanship. 4. Obtain Architect s approval of mockups before starting work, fabrication, or construction. a. Allow seven days for initial review and each re-review of each mockup. 5. Maintain mockups during construction in an undisturbed condition as a standard for judging the completed Work. 6. Demolish and remove mockups when directed, unless otherwise indicated. J. Laboratory Mockups: Comply with requirements of preconstruction testing and those specified in individual Sections in Divisions 01 through QUALITY CONTROL A. Owner Responsibilities: Where quality-control services are indicated as Owner s responsibility, Owner will engage a qualified testing agency to perform these services. 1. Owner will furnish Contractor with names, addresses, and telephone numbers of testing agencies engaged and description of types of testing and inspecting 2. Costs for retesting and reinspecting construction that replaces or is necessitated by work that failed to comply with the Contract Documents will be charged to Contractor, and the Contract Sum will be adjusted by Change Order. B. Tests and inspections not explicitly assigned to Owner are Contractor s responsibility. Unless otherwise indicated, provide quality-control services specified and those required by authorities having jurisdiction. Perform quality-control services required of Contractor by authorities having jurisdiction, whether specified or not. 1. Where services are indicated as Contractor s responsibility, engage a qualified testing agency to perform these quality-control services. a. Contractor shall not employ same entity engaged by Owner, unless agreed to in writing by Owner. 2. Notify testing agencies at least 24 hours in advance of time when Work that requires testing or inspecting will be performed. 3. Where quality-control services are indicated as Contractor s responsibility, submit a certified written report, in duplicate, of each quality-control service. 4. Testing and inspecting requested by Contractor and not required by the Contract Documents are Contractor s responsibility. 5. Submit additional copies of each written report directly to authorities having jurisdiction, when they so direct. C. Manufacturer s Field Services: Where indicated, engage a factory-authorized service representative to inspect field-assembled components and equipment installation, including service connections. Report results in writing as specified in Division 01 Section Submittal Procedures. QUALITY REQUIREMENTS

152 REQUEST FOR PROPOSAL: BP 16-17:04 6 D. Retesting/Reinspecting: Regardless of whether original tests or inspections were Contractor s responsibility, provide quality-control services, including retesting and reinspecting, for construction that replaced Work that failed to comply with the Contract Documents. E. Testing Agency Responsibilities: Cooperate with Architect and Contractor in performance of duties. Provide qualified personnel to perform required tests and inspections. 1. Notify Architect and Contractor promptly of irregularities or deficiencies observed in the Work during performance of its services. 2. Determine the location from which test samples will be taken and in which in-situ tests are conducted. 3. Conduct and interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from requirements. 4. Submit a certified written report, in duplicate, of each test inspection, and similar qualitycontrol service through Contractor. 5. Do not release, revoke, alter, or increase the Contract Document requirements or approve or accept any portion of the Work. 6. Do not perform any duties of Contractor. F. Associated Services: Cooperate with agencies performing required tests, inspections, and similar quality-control services, and provide reasonable auxiliary services as requested. Notify agency sufficiently in advance of operations to permit assignment of personnel. Provide the following: 1. Access to the Work. 2. Incidental labor and facilities necessary to facilitate tests and inspections. 3. Adequate quantities of representative samples of materials that require testing and inspecting. Assist agency in obtaining samples. 4. Facilities for storage and field curing of test samples. 5. Delivery of samples to testing agencies. 6. Preliminary design mix proposed for use for material mixes that require control by testing agency. 7. Security and protection for samples and for testing and inspecting equipment at Project site. G. Coordination: Coordinate sequence of activities to accommodate required quality-assurance and control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting. 1. Verifying that manufacturer maintains detailed fabrication and quality-control procedures and reviewing the completeness and adequacy of those procedures to perform the Work. 2. Notifying Architect and Contractor promptly of irregularities and deficiencies observed in the Work during performance of its services. 3. Submitting a certified written report of each test, inspection, and similar quality-control service to Architect with copy to Contractor and to authorities having jurisdiction. 4. Submitting a final report of special tests and inspections at Substantial Completion, which includes a list of unresolved deficiencies. 5. Interpreting tests and inspections and stating in each report whether tested and inspected work complies with or deviates from the Contract Documents. 6. Retesting and reinspecting corrected work. QUALITY REQUIREMENTS

153 REQUEST FOR PROPOSAL: BP 16-17:04 7 PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 REPAIR AND PROTECTION A. General: On completion of testing, inspecting, sample taking, and similar services, repair damaged construction and restore substrates and finishes. 1. Provide materials and comply with installation requirements specified in other Specification Sections. Restore patched areas and extend restoration into adjoining areas with durable seams that are as invisible as possible. 2. Comply with the Contract Document requirements for Division 01 Section Cutting and Patching. B. Protect construction exposed by or for quality-control service activities. C. Repair and protection are Contractor s responsibility, regardless of the assignment of responsibility for quality-control services. END OF SECTION QUALITY REQUIREMENTS

154 REQUEST FOR PROPOSAL: BP 16-17:04 1 SECTION REFERENCES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 DEFINITIONS A. General: Basic Contract definitions are included in the Conditions of the Contract. B. Approved : When used to convey Architect s action on Contractor s submittals, applications, and requests, approved is limited to Architect s duties and responsibilities as stated in the Conditions of the Contract. C. Directed : A command or instruction by Architect. Other terms including requested, authorized, selected, required, and permitted have the same meaning as directed. D. Indicated : Requirements expressed by graphic representations or in written form on Drawings, in Specifications, and in other Contract Documents. Other terms including shown, noted, scheduled, and specified have the same meaning as indicated. E. Regulations : Laws, ordinances, status, and lawful orders issued by authorities having jurisdiction, and rules, conventions, and agreements within the construction industry that control performance of the Work. F. Furnish : Supply and deliver to Project site, ready for unloading, unpacking, assembly, installation, and similar operations. G. Install : Operations at Project site including unloading, temporarily storing, unpacking, assembling, erecting, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations. H. Provide : Furnish and install, complete and ready for the intended use. I. Project Site : Space available for performing construction activities. The extent of Project site is shown on Drawings and may not be identical with the description of the land on which Project is to be built. 1.3 INDUSTRY STANDARDS A. Applicability of Standards: Unless the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by Reference. REFERENCES

155 REQUEST FOR PROPOSAL: BP 16-17:04 2 B. Publication Dates: Comply with standards in effect as of date of the Contract Documents unless otherwise indicated. C. Copies of Standards: Each entity engaged in construction on Project should be familiar with industry standards applicable to its construction activity. Copies of applicable standards are not bound with the Contract Documents. 1. Where copies of standards are needed to perform a required construction activity, obtain copies directly from publication source. D. Abbreviations and Acronyms for Standards and Regulations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the organizations responsible for the standards and regulations in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents. ADAAG CFR DOD DSCC FED-STD FS Americans with Disabilities Act (ADA) (800) Architectural Barriers ACT (ABA) (202) Accessibility Guidelines for Building and Facilities Available from Access Board ww.access-board.gov Code of Federal Regulations (866) Available from Government Printing Office (202) Department of Defense Military Specifications and Standards (215) Available from Department of Defense Single Stock Point Defense Supply Center Columbus (See FS) Federal Standard (See FS) Federal Specification (215) Available from Department of Defense Single Stock Point htt://dodssp.daps.dla.mil Available from Defense Standardization Program Available from General Services Administration (202) Available from National Institute of Building Sciences (202) REFERENCES

156 REQUEST FOR PROPOSAL: BP 16-17:04 3 FTMS Federal Test Method Standard (See FS) MIL (See MIL SPEC) MIL-STD (See MIL SPEC) MILSPEC Military Specification and Standards (215) Available from Department of Defense Single Stock Point UFAS Uniform Federal Accessibility Standards (800) Available from Access Board (202) ABBREVIATIONS AND ACRONYMS A. Industry Organizations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities indicated in Thomson Gale s Encyclopedia of Associations or in Columbia Books National Trade & Professional Associations of the U.S. B. Code Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and upto-date as of the date of the Contract Documents. IAPMO International Association of Plumbing Officials (909) ICBO International Conference of Building Officials ICBO ES (See ICC) ICBO Evaluation Services, Inc. (See ICC-ES) ICC International Code Council (888) (703) ICC-ES ICC Evaluation Service, Inc. (800) C. Federal Government Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents. CE Army Corps of Engineers REFERENCES

157 REQUEST FOR PROPOSAL: BP 16-17:04 4 CPSC Consumer Product Safety Commission (800) DOC Department of Commerce (202) DOD Department of Defense (215) DOE Department of Energy (202) EPA Environmental Protection Agency (202) FAA Federal Aviation Administration (866) FCC Federal Communications Commission (888) FDA Food and Drug Administration (888) GSA General Services Administration (800) HUD Department of Housing and Urban Development (202) LBL Lawrence Berkeley National Laboratory (510) NCHRP NIST National Cooperative Highway Research Program (See TRB) National Institute of Standards and Technology (301) OSHA Occupational Safety & Health Administration (800) PBS Public Building Service (See GSA) PHS Office of Public Health and Science (202) RUS Rural Utilities Service (202) (See USDA) SD State Department (202) REFERENCES

158 REQUEST FOR PROPOSAL: BP 16-17: TRB Transportation Research Board (202) USDA Department of Agriculture (202) USPS Postal Service (202) D. State Government Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents. CBHF State of California, Department of Consumer Affairs (800) Bureau of Home Furnishings and Thermal Insulation (916) CPUC California Public Utilities Commission (415) TFS Texas Forest Service (936) Forest Resource Development PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION REFERENCES

159 REQUEST FOR PROPOSAL: BP 16-17:04 1 SECTION CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART 1 - GENERAL 1.1 SUMMARY A. This Section includes requirements for construction security and protection. B. Security and protection facilities include, but are not limited to, the following: 1. Temporary fire protection. 2. Temporary interior partitions. 3. Enclosure fence around construction staging areas. 4. Barricades, warning signs, and lights. 5. Interior exitway lighting and exit signage. 6. Negative air pressure. 7. Environmental protection. 8. Temporary utilities. 9. Portable toilets. 10. Telephones. 11. Data. 12. Project signs. 1.2 QUALITY ASSURANCE A. Regulations: Comply with industry standards and applicable laws and regulations of authorities having jurisdiction including, but not limited to, the following: 1. Building code requirements. 2. Health and safety regulations. 3. Police and fire department considerations. 4. Environmental protection regulations. B. Standards: Comply with NFPA 241 "Standard for Safeguarding Construction, Alterations, and Demolition Operations," ANSI A10 Series standards for "Safety Requirements for Construction and Demolition," and NECA Electrical Design Library "Temporary Electrical Facilities." PART 2 - PRODUCTS 2.1 MATERIALS A. General: Provide new materials. If acceptable to the Architect, the Contractor may use undamaged, previously used materials in serviceable condition. Provide materials suitable for use intended. B. Lumber and Plywood: Comply with requirements in Division 6 Section "Rough Carpentry." 1. For job-built temporary offices, shops, and sheds within the construction area, provide ULlabeled, fire-treated lumber and plywood for framing, sheathing, and siding. 2. For safety barriers, sidewalk bridges, and similar uses, provide minimum 5/8-inch-thick exterior plywood. C. Tarpaulins: Provide waterproof, fire-resistant, UL-labeled tarpaulins with flame-spread rating of 15 or less. For temporary enclosures, provide translucent, nylon-reinforced, laminated polyethylene or polyvinyl chloride, fire-retardant tarpaulins. CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS

160 REQUEST FOR PROPOSAL: BP 16-17: EQUIPMENT A. Fire Extinguishers: Provide hand-carried, portable, UL-rated; Class A fire extinguishers for temporary offices and similar spaces. In other locations, provide hand-carried, portable, UL-rated, Class ABC, dry-chemical extinguishers or a combination of extinguishers of NFPA-recommended classes for the exposures. 1. Comply with NFPA 10 and NFPA 241 for classification, extinguishing agent, and size required by location and class of fire exposure. PART 3 - EXECUTION 3.1 TEMPORARY UTILITY INSTALLATION A. Use qualified personnel for installation of temporary facilities. Locate facilities where they will serve the Project adequately and result in minimum interference with performance of the Work. Relocate and modify facilities as required. B. Provide each facility ready for use when needed to avoid delay. Maintain and modify as required. Do not remove until facilities are no longer needed or are replaced by authorized use of completed permanent facilities. C. General: Install temporary service or connect to existing service with Owner s permission. 1. Arrange with utility company, Owner, and existing users for time when service can be interrupted, if necessary, to make connections for temporary services. D. Sewers and Drainage: Provide temporary utilities to remove effluent lawfully. 1. Connect temporary sewers to municipal system as directed by authorities having jurisdiction. E. Sanitary Facilities: Provide temporary toilets, wash facilities, and drinking water for use of construction personnel. Comply with requirements of authorities having jurisdiction for type, number, location, operation, and maintenance of fixtures and facilities. F. Telephone Service: Provide a dedicated mobile telephone and data service for site superintendent and ensure that a mobile telephone is on site at all times for use in case of emergency. 3.2 SUPPORT FACILITIES INSTALLATION A. Project Signs: Unauthorized signs are not permitted. 1. Temporary Signs: Provide other signs as indicated and as required to inform public and individuals seeking entrance to Project. a. Provide temporary, directional signs for construction personnel and visitors. 2. Maintain and touchup signs so they are legible at all times. CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS

161 REQUEST FOR PROPOSAL: BP 16-17: SECURITY AND PROTECTION FACILITIES INSTALLATION A. Except for use of permanent fire protection as soon as available, do not change over from use of temporary security and protection facilities to permanent facilities until Substantial Completion, or longer, as requested by the Architect. B. Temporary Fire Protection: Until fire-protection needs are supplied by permanent facilities, install and maintain temporary fire-protection facilities of the types needed to protect against reasonably predictable and controllable fire losses. Comply with NFPA 10 "Standard for Portable Fire Extinguishers"; NFPA 241 "Standard for Safeguarding Construction, Alterations, and Demolition Operations ; and Kansas State Fire Marshal Fire Protection Division Fire Facts 007 and 022 (Which can be found at the KSFM website, 1. Locate temporary fire extinguishers where convenient and effective for their intended purpose, but not less than the following: a. One extinguisher on each floor at or near each usable stairwell. b. One extinguisher for each 1,000 square feet of area under construction. c. No separation between fire extinguishers is greater than 100 feet of travel distance 2. Maintain unobstructed access to fire extinguishers, fire hydrants, temporary fire-protection facilities, stairways, and other access routes for fighting fires. Smoking is prohibited at all times within the building. 3. Store combustible materials in containers in fire-safe locations. 4. Provide supervision of welding operations, combustion-type temporary heating units, and similar sources of fire ignition. C. Permanent Fire Protection: At the earliest feasible date in each area of the Project, complete installation of the permanent fire-protection facility, including connected services, and place into operation and use. Instruct key personnel on use of facilities. D. Temporary Interior Partitions: Where spaces under construction are immediately adjacent Owneroccupied spaces, and such spaces are not separated by permanent wall construction, provide temporary interior partitions. Temporary partitions shall be constructed of fire-resistive materials and shall be capable of withstanding uniform horizontal loading of 50 lbs per square foot from the floor to a height of 8 feet. E. Enclosure Fence Around Construction Staging Areas: Before construction begins, install enclosure fences with lockable entrance gates. Install in a manner that will prevent people, dogs, and other animals from easily entering the site, except by the entrance gates. 1. Provide open-mesh, chainlink fencing with posts set in a compacted mixture of gravel and earth, or provide plywood fence, 8 feet high, framed with four 2-by-4-inch rails, and preservativetreated wood posts spaced not more than 8 feet apart. F. Barricades, Warning Signs, and Lights: Comply with standards and code requirements for erection of structurally adequate barricades. Paint with appropriate colors, graphics, and warning signs to inform personnel and the public of the hazard being protected against. Where appropriate and needed, provide lighting, including flashing red or amber lights. G. Interior Exitway Lighting and Exit Signage: Provide a minimum of five footcandles of lighting in exitways where permanent lighting is not available. Provide lighted exit signage at areas where permanent lighted exit signage is not available. Such signage shall indicate direction to nearest exit. Exit signage that is not functional or for exits that are not usable due to construction shall be covered so to not confuse occupants in an emergency situation. CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS

162 REQUEST FOR PROPOSAL: BP 16-17:04 4 H. Negative Air Pressure: To the greatest extent possible, provide exhaust fans to maintain areas under construction under negative air pressure with respect to Owner-occupied areas of the building. Maintain dust-protective closures to minimize construction dust and debris from entering Owneroccupied spaces. I. Environmental Protection: Provide protection, operate temporary facilities, and conduct construction in ways and by methods that comply with environmental regulations, and minimize the possibility that air, waterways, and subsoil might be contaminated or polluted or that other undesirable effects might result. Avoid use of tools and equipment that produce harmful noise. Restrict use of noise-making tools and equipment to hours that will minimize complaints from persons or firms near the site. END OF SECTION CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS

163 REQUEST FOR PROPOSAL: BP 16-17:04 1 SECTION EROSION CONTROLS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes requirements for compliance with the National Pollutant Discharge and Elimination System (NPDES) B. Related Sections include the following: 1. Section "Construction Facilities and Temporary Controls" for environmentalprotection measures during construction, and location of waste containers at Project site. 1.3 SUBMITTALS A. The Owner has previously submitted the following: 1. Kansas Department of Health and Environment (KDHE) form E. 2. Storm Water Pollution Prevention Plan (SWPPP) B. The SWPPP Consist of: 1. Site Grading and Drainage Plans 2. Erosion Control Measures Identified on them 3. Referenced Details. APWA Kansas City Metropolitan Chapter, and Notes 4. Specifications, APWA Kansas City Metropolitan Chapter 5. The NPDES Permit C. The Contractor must add the following items to the SWPPP in order to complete the plan. Submit a copy to the Architect/Engineer for subsequent submittals to the permitting agency. A copy of the permit is in the office of the Architect/Engineer for review. 1. A certification statement shall certify that the permit requirements will be met. The Contractor and each subcontractor doing site related work shall sign the following certification statement prior to conducting any professional services identified on the SWPPP. CERTIFICATION STATEMENT I certify under penalty of law, that I understand the terms and conditions of the General National Pollutant Discharge Elimination System (NPDES) that authorized the storm water discharges associated with industrial activities from the construction site identified as part of this certification. Signed Dated EROSION CONTROL

164 REQUEST FOR PROPOSAL: BP 16-17: QUALITY ASSURANCE A. Inspect the site, including all erosion control devices, at least once every 7 days and within 24 hours after a storm event of 0.5 in. or more. 1.5 PROJECT CONDITIONS A. Temporary Use of Permanent Facilities: Installer of each permanent service shall assume responsibility for operation, maintenance, and protection of each permanent service during its use as a construction facility before Owner s acceptance, regardless of previously assigned responsibilities. B. No erosion control measures used on Topeka Public School properties shall be allowed to deteriorate or look unkept to the general public. The Contractor is solely responsible for the regular maintenance required to keep the erosion control measures in good operational order, on a daily basis, if circumstances require that level of effort. C. The Contractor shall be responsible for maintenance of all erosion & sediment control measures and practices throughout the project. On Topeka USD 501 projects the word project includes the entire property owned by Topeka USD 501 not just the actual limit of the construction fence or other temporary boundary around a construction site. Any and all fines associated with erosion control violations will solely be the Contractor s responsibility. D. Erosion control is the Contractor s responsibility. This plan should be used as a guide and represents the minimum erosion control devices required. E. Erosion control measures will be maintained at all times. Additional erosion and sediment control measures will be installed if deemed necessary by on- site inspection by the Architect, Contractor and/or Owner. F. Contractor is responsible for inspecting and repairing all erosion and sediment control devices after each rain/snow/ice fall event. G. The Contractor shall provide any further erosion control measures in addition to those listed to ensure that silt will not leave the project confines. H. The Contractor is responsible for removing the temporary erosion and sediment control devices after completion of construction when and only when areas have been stabilized with a healthy stand of permanent vegetation. I. The Contractor is responsible for removing silt from the site, if not reusable on-site and assuring plan alignment and grade in all ditches at completion of construction. J. The Contractor shall ensure that all drainage structures, flumes, pipes, etc. are cleaned out and working properly at time of acceptance. K. The Contractor shall provide any temporary stabilization as required. L. The Contractor shall provide an ingress/egress tracking pad for vehicular traffic at a location approved by the Owner s representative. EROSION CONTROL

165 REQUEST FOR PROPOSAL: BP 16-17:04 3 M. All erosion control devices shall conform to the applicable sections of the standard specifications and design criteria of the Engineering Division, Department of Public Works, City of Topeka, Kansas and the Kansas Department of Transportation. N. Reference details sheet for typical erosion control device installation. See construction plans for seeding of all disturbed areas. O. The Contractor shall install sediment barrier around existing inlets that will be removed. P. The Contractor shall reference the American Public Works Association Kansas City Metropolitan Chapter for standard details and specifications. PART 2 - PRODUCTS 2.1 MATERIALS A. Mirafi Silt Fencing: Prefabricated woven, UV stabilized fabric with preformed post pockets, at 8.3 ft intervals, and additional plastic net backing for reinforcing support. 1. Grab Tensile Strength, Machine Direction, ASTM D Lbs 2. Grab Tensile Strength, Cross Machine Direction, ASTM D Lbs 3. Grab Tensile Elongation, ASTM D % 4. Mullen Burst Strength, ASTM D psi 5. Trapezoid Tear Strength, ASTM S Lbs 6. Permittivity, ASTM D sec Water Flow Rate, ASTM D gal/min/ft 2 8. Ultraviolet Stability, ASTM D % B. Lumber: Provide 1-1/4 nominal square hardwood posts. Comply with requirements in Division 06 Sections for rough carpentry. C. Straw Hay Bales PART 3 - EXECUTION 3.1 INSTALLATION, GENERAL A. Locate erosion control facilities where they will serve Project adequately and result in minimum interference with performance of the Work. Relocate and modify as required by progress of the Work. B. Provide erosion control facilities ready for use when needed to avoid delay. Do not remove until erosion control facilities are no longer needed or are replaced by authorized use of completed permanent facilities. EROSION CONTROL

166 REQUEST FOR PROPOSAL: BP 16-17: EROSION CONTROL A. Install silt Fence along the perimeter of the site prior to beginning any grading operations. Silt fence shall be equal to MIRAFI Silt fence and shall be installed per manufacturer s recommendations. B. Construct Sediment Basins. C. Install Straw Bale Barrier as shown on the plans. D. The Contractor shall control dust by applying water or mulch. E. Erosion control devices shall remain in place throughout the contract. Removal of erosion control devices will occur upon completion of the contract. F. Erosion control devices shown are the minimum required. The Contractor shall further control erosion as deemed necessary with the following methods. 1. Temporary Earth Dikes 2. Sediment Traps or Basins 3. Disking the soil parallel to controls 4. Additional silt fence 3.3 STABILIZATION PRACTICES A. Provide a (minimum 25 ft. wide x 50 ft. long x 6 in. thick of 2 in. crushed rock or recycled concrete equivalent) stabilized construction entrance to the site for construction vehicles to reduce tracking of sediment onto public or private roadways. All unpaved roads on the site carrying more than 25 vehicles daily shall also be graveled. 1. The entrance shall be maintained in a condition to prevent tracking or flowing of sediment onto adjacent streets. 2. All surface water flowing or diverted towards the entrance shall be piped underneath the entrance using a 15 in. CMP. B. The Contractor shall ensure that existing vegetation is preserved where attainable and that disturbed areas are re-vegetated as soon as practical. C. Wherever construction activities will cease for more than 21 days, or permanently, the contractor shall initiate stabilization within that area as soon as practical, but in no case more than 14 days after the activities have ceased. If snow cover prevents initiation of stabilization, resume the invitation of stabilization as soon as practical. 1. Temporary or permanent seeding 2. Sod Stabilization 3. Mulch 4. Vegetative buffer strips 5. Geotextiles 6. Protection of existing trees and preservation of mature vegetation EROSION CONTROL

167 REQUEST FOR PROPOSAL: BP 16-17: ENVIRONMENTAL ISSUES A. Unless otherwise noted in Section , Construction Waste Management, No solid waste materials or unused building materials shall be buried on-site or discharged to waters of the state. B. Provide containment around fueling and chemical storage areas to ensure that spills in these areas do not reach waters of the state. 3.5 INSPECTION A. Inspect the site, including all erosion control devices, at least once every 7 days and within 24 hours after a storm event of 0.5 in. or more. B. Notify the Architect/Engineer by phone or fax whenever a storm event of 0.5 in. or more occurs. Notification shall be received between 7:30 AM and 4:00 PM the day of the event or the following day if the storm event occurs overnight. C. Remove sediment from behind silt fence and sediment barriers whenever silt reaches 50% of the capacity of the structure. D. Document each inspection and any corrective action taken. Maintain a record of daily rainfall throughout the contract and grass maintenance period. The documentation shall be copied to the Architect/Engineer with each Application for Payment. 1. List of all contractors and subcontractors who will be working with related construction. Include company name, contact person, address, telephone number and fax number. 2. Signed certification statements. 3. Proposed timetable for all major construction activities. 4. A record of dates on which major grading activities occur, when activities temporary or permanently cease, and when stabilization measures are initialized. 5. Show areas to be used for storage of soils and wastes. (E.G. Topsoil storage piles, etc.) 6. Show the location of all fuel and chemical storage areas. 7. A description of the measures taken to prevent and/or control fuel and chemical spills. 8. Documentation of Inspections, corrective Actions, and daily rainfall records. 3.6 KDHE WATER QUALITY NOTES A. All areas shall be covered with hay until grass is established. B. All waste materials produced by the construction project shall be disposed of in accordance with the provisions of the Kansas Solid Waste Management Statue and Regulations (K.S.A and K.A.R ET. SEQ.) or applicable local rules. Good housekeeping practices should also be considered. C. Fuels and other maintenance chemicals necessary to complete the project should be stored away the water body and in such a manner that accidental spillage is reduced or can be temporarily contained before reaching a water body. Maintenance areas should also be located in this manner. EROSION CONTROL

168 REQUEST FOR PROPOSAL: BP 16-17:04 6 D. Should a spill of gasoline or discharge of pollutants occur, the Shawnee County Emergency Staff should be contacted first by dialing 911. The Kansas Department of Health and Environment shall be notified immediately A state wide number for spill reporting is to the Adjutant General, Kansas Division of Emergency Management Spill Prevention and Response Plan Development by the Contractor is encouraged. The above numbers shall be posted in a central location on site. E. The Contractor shall take all appropriate measures to capture any floating debris released to surface waters as a result of this project. F. Fill or stabilizing material shall be free of contaminants which may runoff or be leached into ground or surface water. PART 4 - EROSION CONTROL PRACTICES AND DETAILS 4.1 STRAW BALE OR SILT FENCE A. Install within 24 hours of land disturbance. B. Install on down slope sides of site parallel to contour of the land. C. Extended ends upslope enough to allow water to pond behind fence. D. Bury eight inches of fabric in trench (see back page). E. Stake (two stakes per bale). F. Leave no gaps. Stuff straw between bales, overlap sections of silt fence, or twist ends of silt fence together. G. Inspect and repair once a week and after every 1 2-inch rain. Remove sediment if deposits reach half the fence height. Replace bales after three months. H. Maintain until a lawn is established. I. Refer to the standard plans below for general information EROSION CONTROL

169 REQUEST FOR PROPOSAL: BP 16-17:04 7 EROSION CONTROL

170 REQUEST FOR PROPOSAL: BP 16-17:04 8 EROSION CONTROL

171 REQUEST FOR PROPOSAL: BP 16-17: SOIL PILES A. Cover with plastic and locate away from any downslope street, driveway, stream, lake, wetland, ditch or drainageway. B. Temporary seed such as annual rye or winter wheat is recommended for topsoil piles. 4.3 ACCESS DRIVE A. Install an access drive using two-to three-inch aggregate prior to placing the first floor decking on foundation. B. Lay stone six inches deep and at least seven feet wide from the foundation to the street (or 50 feet if less). C. Use to prevent tracking mud onto the road by all vehicles. D. Maintain throughout construction. E. In clay soils, use of geotextile under the stone is required. F. Refer to the standard plan below for general information 4.4 SEDIMENT CLEANUP A. By the end of each work day, sweep or scrape up soil tracked onto the road. B. By the end of the next work day after a storm, clean up soil washed off-site. EROSION CONTROL