PROJECT MANUAL. Vineyard Church of Houston Fellowship Hall Remodel & Elevator Addition 1035 E. 11th Street Houston, Texas 77009

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1 PROJECT MANUAL Vineyard Church of Houston Fellowship Hall Remodel & Elevator Addition 1035 E. 11th Street Houston, Texas Carol Vick Architect LLC - Architect 2000 North Loop W. Ste. 115 Houston, Texas / Terracon Consultants, Inc. - Geotechnical/Materials Testing Clay Road, Suite 100 Houston, Texas / The PDC Group, LLC - MEP Engineer Park Dr. Suite 209 Tomball, Texas / Monghate Engineering, Inc. Structural Engineering Consultants 7324 Southwest Fwy, Ste 815 Houston, Texas / ISSUED FOR BID MARCH 11, 2013

2 DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS Invitation to Bidders General Requirements Geotechnical Data Bid Form Form of Agreement AIA Contract A General Conditions AIA Contract A201 DIVISION 01 - GENERAL REQUIREMENTS Summary of Work Payment Procedures Alteration Project Procedures Testing Lab and Inspection Services Temporary Facilities and Controls Cutting and Patching DIVISION 02 - EXISTING CONDITIONS Structure Demolition Selective Building Demolition DIVISION 03: CONCRETE Drilled Concrete Piers and Shafts Concrete Forming and Accessories Concrete Reinforcing Cast-in-Place Concrete DIVISION 04: MASONRY Masonry Mortaring and Grouting Unit Masonry DIVISION 05 - METALS Structural Steel Framing Steel Roof Decking Metal Rails Metal Fabrications THE VINEYARD CHURCH OF HOUSTON FELLOWSHIP HALL RENOVATIONS 3/11/2013 DIVISION 06 - WOOD, PLASTICS AND COMPOSITES Miscellaneous Rough Carpentry-MEI Wood Decking Structural Glued-Laminated Beam Common Finish Carpentry Requirements Door, Frame, and Finish Hardware Installation Common Architectural Woodwork Requirements Plastic Laminate Plastic Laminate-Faced Architectural Cabinets Table of Contents 0000

3 THE VINEYARD CHURCH OF HOUSTON FELLOWSHIP HALL RENOVATIONS 3/11/2013 DIVISION 07 - THERMAL AND MOISTURE PROTECTION Penetrating Sealer Batt Insulation Rigid Board Insulation Fluid Applied Vapor Permeable Membrane Water Resistant Moisture Barriers SBS Modified Bituminous Membrane Roofing Flexible Flashings Prefinished Metal Flashing and Trim Firestopping Joint Sealers Expansion Joint Covers DIVISION 08 - OPENINGS Hollow Metal Doors and Frames Clad Wood Doors Aluminum-Framed Entrances and Storefronts Door Hardware Glazing DIVISION 09 - FINISHES Portland Cement Plastering Non-Structural Metal Framing Gypsum Board Ceramic Tile Acoustical Tile Ceilings Wood Slat Ceilings Resilient Base Resilient Tile Flooring Stone Countertops Painting Interior Textured Finishing DIVISION 10 - SPECIALTIES Interior Signage Toilet Compartments Toilet Accessories Fire Protection Specialties DIVISION 14 - CONVEYING EQUIPMENT Electric Traction Elevator DIVISION 31 - EARTHWORK Earthwork DIVISION 32 - EXTERIOR IMPROVEMENTS Concrete Paving END OF TABLE OF CONTENTS Table of Contents 0000

4 DOCUMENT INVITATION TO BIDDERS / GENERAL REQUIREMENTS THE VINEYARD CHURCH OF HOUSTON FELLOWSHIP HALL & ELEVATOR 3/11/ GENERAL A. The Owner of this Project is: The Vineyard Church of Houston 1035 E. 11th St. Houston, Texas Contact: Harry Fritzenschaft B. The Architect for this Project is: Carol Vick Architect, LLC 2000 North Loop West #115 Houston, Texas Contact: Carol Vick C. SCOPE OF WORK: The Work of this project is generally described as renovation of existing fellowship hall building and elevator addition for an existing 3 story worship auditorium building. D. SCHEDULE OF WORK: The Owner requires that work of this contract be completed as quickly as possible. Consideration will be given to the time of completion when reviewing the bids submitted. 1.2 INVITATION A. The Vineyard Church of Houston (VCH) invites bids for work as described in the accompanying construction documents. 1.3 FORM OF CONTRACT A. The contract to be signed by the successful bidder, will be prepared by the Owner and will comprise AIA document A 101, Standard Form of Agreement between Owner and Contractor, AIA document A201, General Conditions of the Contract for Construction provided hereafter. 1.4 INSTRUCTIONS TO BIDDERS DOCUMENT A. American Institute of Architects Document A , Instructions to Bidders, forms a part of the Bidding Documents and by reference is incorporated herein as fully as if repeated at length. 1.5 BIDDING DOCUMENTS A. Each Bidder shall receive one (1) copy of the Proposal Form and one (1) copy of the Instruction to Bidders, General Conditions and one (1) Electronic set of drawings in PDF and CAD format, one (1) Vineyard Bid Document in Excel format to be filled out and sent back with Proposal Form, one (1) VCH Project Manual specification document. B. Partial sets of Bidding documents will not be issued. C. Bidding Documents will not be issued directly to sub-bidders. 1.6 PROPOSALS CVA Invitation / General Requirements

5 THE VINEYARD CHURCH OF HOUSTON FELLOWSHIP HALL & ELEVATOR 3/13/2013 A. Proposals shall be submitted in duplicate on forms provided. All blank spaces in the form must be completed in full. Proposals shall not contain any other conditions or qualifications whatsoever. In addition to the signature, the name of the individual signing the Proposal shall be typed. The proposals shall be delivered to: The Vineyard Church of Houston. Attn: Harry Fritzenschaft 1035 E. 11th St. Houston, Texas Contact: B. Any bid which is either illegible, or received after the time and date specified, shall not be considered. Sealed bids will be opened in private. C. Bidding Documents will be issued electronically to bidders. D. Documents will not be issued to sub-bidders. E. The proposals shall be due no later than at 2:00 pm on April 3, EXAMINATION OF SITE A. An examination of the site has been arranged for bidders and sub-bidders on March 19, 2013 at 10:00AM. 1.8 PRE-BID MEETING A. Pre-Bid Meeting may be held if requested by a bidder(s) with representatives from CVA & VCH to review specific requirements of the job. B. It shall be understood that each Bidder has visited the site and has carefully examined the Drawings, Specification and all other Contract Documents and any other documents referred to therein and thoroughly understands the conditions under which the work will be performed. C. No pleas of ignorance of conditions which exist or of difficulties encountered in the execution of the work under the Contract Documents will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail, all of the requirements of the Contract Documents, or will be accepted as a basis for any claim whatsoever for extra compensation or any extension of time. D. The Bidder s attention is directed to the fact that all Ordinances, Rules and Regulations of all authorities have jurisdiction over construction of the project shall apply to the Contract throughout, and will be deemed to be included in the Contract the same as though written out in full. 1.9 ADDENDA A. If discrepancies in, or omission from the documents are observed, or if the Bidder should be in doubt as to their meaning, he should immediately notify Carol Vick Architect (CVA) in writing. Clarification thereof will be made in addendum form and distributed three (3) days prior to bid due date. The Owner will not be responsible for any oral instructions or interpretations. Any addenda issued during the bidding period are to be both included and acknowledged in the Proposal, and are to be considered as part of the Contract Documents ACCEPTANCE OR REJECTION OF PROPOSALS A. The Owner reserves the right to reject and all bids, and to waive any informalities in the bidding. Invitation / General Requirements

6 THE VINEYARD CHURCH OF HOUSTON FELLOWSHIP HALL & ELEVATOR 3/13/ COOPERATION WITH OTHER CONTRACTORS A. The Contractor shall be responsible for the complete coordination of all the work under this Contract. He shall cooperate with the Project Manager in order to coordinate the work under this Contract with work under other contracts that may have been awarded by the Owner or that may be awarded for work within or adjacent to this Contractor s work. He shall confine his construction activities within the contract limit areas PERFORMANCE AND PAYMENT BONDS A. Prior to the commencement of the work, the successful bidder may be required to furnish a Performance Bond for full amount of the Contract price, which will guarantee to the Owner for faithful performance of the terms, covenants and conditions of the Contract and a Payment Bond for the full about of the Contract price, guaranteeing full payment for all labor, materials, and equipment for all Subcontractors. The cost of such bonds shall be provided separate from, and in addition to the Lump Sum Amount. B. Performance and Payment Bonds shall be in accordance with AIA Standard forms, latest edition, and shall form part of contract for work. Bonds shall be in favor of the Owner and shall be secured from a Surety Company acceptable to the Owner, and shall be submitted simultaneously with the delivery to the Owner of the executed Contract LISTS OF SUBCONTRACTORS A. The Owner reserves the right to disapprove the use of any Subcontractor proposed by the Contractor, other than those approved subcontractors listed hereafter. In such an event the Contractor should submit the name of another firm in like manner within the time specified by the Owner CONSTRUCTION PROGRESS SCHEDULE A. If preliminary schedule requires revision after review, submit revised schedule within 5 days. B. Submit updated schedule with each Application for Payment PROGRESS MEETINGS A. Contractor to Schedule and administer meetings throughout progress of the Work at intervals determined at the Site Mobilization Meeting. B. Make arrangements for meetings, prepare agenda with copies for participants, preside at meetings. C. Attendance Required: Job superintendent, major Subcontractors and suppliers, Owner, and A/E Team, as appropriate to agenda topics for each meeting. D. Agenda: 1. Review minutes of previous meetings. 2. Review of Work progress. 3. Field observations, problems, and decisions. 4. Identification of problems that impede, or will impede, planned progress. 5. Review of submittals schedule and status of submittals. 6. Review of off-site fabrication and delivery schedules. 7. Maintenance of progress schedule. 8. Corrective measures to regain projected schedule. 9. Planned progress during succeeding work period. 10. Maintenance of quality and work standard. 11. Effect of proposed changes on progress schedule and coordination. 12. Other business related work. E. Record minutes and distribute copies within 2 days after meeting to participants, with 1 copy to VCH participants and CVA, and those affected by decisions made SUBMITTALS FOR REVIEW & INFORMATION A. At the commencement of work, provide the Architect with a submittal schedule indicating anticipated dates of submission and subsequent return. B. When the following are specified in individual sections, submit them for review: 1 Product data. Invitation / General Requirements

7 THE VINEYARD CHURCH OF HOUSTON FELLOWSHIP HALL & ELEVATOR 3/13/ Shop drawings. 3 Samples for selection. 4 Samples for verification. 5 Maintenance data. C. Submit to Architect for review for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. D. Samples will be reviewed only for aesthetic, color, or finish selection. E. After review, provide copies and distribute in accordance with SUBMITTAL PROCEDURES article below and for record documents purposes described in Section CLOSEOUT SUBMITTALS SUBMITTALS FOR PROJECT CLOSEOUT A. When the following are specified in individual sections, submit them at project closeout: 1 Project record documents. 2 Operation and maintenance data. 3 Warranties. 4 Bonds. 5 Other types as indicated NUMBER OF COPIES OF SUBMITTALS A. Documents for Review: Submit one copy which will be reviewed, corrected, and returned. B. Documents for Information: Submit one copy. C. Documents for Project Closeout: Make one reproduction of submittal as reviewed and approved. D. Samples: Submit the number specified in individual specification sections; one of which will be retained by Project Coordinator SUBMITTAL PROCEDURES A. Transmit each submittal with Contractor's transmittal. Identify Project, General Contractor, Subcontractor or supplier; pertinent drawing and detail number, and specification section number, as appropriate on each copy. B. Apply General Contractor's stamp, signed or initialed certifying that review, approval, verification of Products required, field dimensions, adjacent construction Work, and coordination of information is in accordance with the requirements of the Work and Contract Documents. C. Deliver submittals to Architect's Office at business address. D. Schedule submittals to expedite the Project, and coordinate submission of related items. E. For each submittal for review, allow 10 days excluding delivery time to and from General Contractor. F. Identify variations from Contract Documents and Product or system limitations that may be detrimental to successful performance of the completed Work. G. When revised for resubmission, identify all changes made since previous submission. H. Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements CLOSEOUT PROCEDURES A. Make submittals that are required by governing or other authorities. Provide copies to VCH and CVA. B. Accompany Project Coordinator on preliminary inspection to determine items to be listed for completion or correction in General Contractor's Notice of Substantial Completion. C. Notify Project Coordinator when work is considered ready for Substantial Completion. D. Submit written certification that Contract Documents have been reviewed, work has been inspected, and that work is complete in accordance with Contract Documents and ready for Project Coordinator's review. E. Correct items of work listed in executed Certificates of Substantial Completion and comply with requirements for access to Sur La Table-occupied areas. F. Notify Project Coordinator when work is considered finally complete. Invitation / General Requirements

8 THE VINEYARD CHURCH OF HOUSTON FELLOWSHIP HALL & ELEVATOR 3/13/2013 END OF DOCUMENT Invitation / General Requirements

9 THE VINEYARD CHURCH OF HOUSTON FELLOWSHIP HALL & ELEVATOR 3/11/2013 DOCUMENT GENERAL CONDITIONS 1.1 SUMMARY A. Related Documents: 1. Document Supplementary Conditions. 2. Division 01 - General Requirements. 1.2 DOCUMENT A. American Institute of Architects (AIA) Document A , General Conditions of the Contract for Construction, forms a part of this Contract and by reference is incorporated herein as fully as if repeated at length. END OF DOCUMENT General Conditions

10 AIA Document A201 TM 2007 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) «Vineyard Church of Houston Fellowship Hall Remodel & Elevator Addition» «1035 E. 11th Street Houston, Texas 77009» THE OWNER: (Name, legal status and address) «Michael Palandro» «The Vineyard Church of Houston» «1035 E. 11th Street Houston, Texas 77018» THE ARCHITECT: (Name, legal status and address) «Carol Vick AIA»«, Carol Vick Architect LLC» «2000 N. Loop West Ste. 115 Houston, Texas Tel Fax » ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS ELECTRONIC COPYING of any portion of this AIA Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 1

11 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 2

12 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 Capitalization 1.3 AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 3

13 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, AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 4

14 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, , , , , , 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, , AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 5

15 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 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, , , , , , AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 6

16 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 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 AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 7

17 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, 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, AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 8

18 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, , , AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 9

19 ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS THE CONTRACT DOCUMENTS The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor s bid or proposal, or portions of Addenda relating to bidding requirements THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect s consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, (3) between the Owner and the Architect or the Architect s consultants or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect s duties THE WORK The term Work means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor s obligations. The Work may constitute the whole or a part of the Project THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by separate contractors 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. AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 10

20 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.3 CAPITALIZATION Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. 1.4 INTERPRETATION In the interest of brevity the Contract Documents frequently omit modifying words such as all and any and articles such as the and an, but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE The Architect and the Architect s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect s or Architect s consultants reserved rights The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect s consultants. 1.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. ARTICLE 2 OWNER 2.1 GENERAL The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner s approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term Owner means the Owner or the Owner s authorized representative The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic s lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner s interest therein. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner s obligations under the Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner s ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 11

21 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities 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 with reasonable promptness after receiving the Contractor s written request for such information or services Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section OWNER S RIGHT TO STOP THE WORK If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section OWNER S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner s expenses and compensation for the Architect s additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 GENERAL 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 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. AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 12

22 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor s review is made in the Contractor s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require 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 be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES The Contractor shall supervise and direct the Work, using the Contractor s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures The Contractor shall be responsible to the Owner for acts and omissions of the Contractor s employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors 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 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 13

23 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor s employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. 3.5 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 TAXES The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded 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 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 notice to the Owner and the Architect before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor s cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Architect s determination or recommendation, that party may proceed as provided in Article If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 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, AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 14

24 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 under Section Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. 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 represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor 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, shall prepare and submit for the Owner s and Architect s information a Contractor s construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect s approval. The Architect s approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor s construction schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect 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. AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 15

25 3.12 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, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents 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 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 the Work or unless the Contractor needs to provide such services in order to carry out the Contractor s responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional s written approval when submitted to the Architect. The Owner and the Architect shall be entitled AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 16

26 to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section , 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 USE OF SITE The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment 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 and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor s tools, construction equipment, machinery and surplus materials from and about the Project 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 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect 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, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 17

27 other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 4 ARCHITECT 4.1 GENERAL The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number 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 If the employment of the Architect is terminated, the Owner shall employ a successor architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. 4.2 ADMINISTRATION OF THE CONTRACT The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner s representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor s rights and responsibilities under the Contract Documents, except as provided in Section On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect s consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner Based on the Architect s evaluations of the Contractor s Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 18

28 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 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 in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect s professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect s review of the Contractor s submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 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 and Construction Change Directives, and may authorize minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner s review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect s responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith 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 of the Subcontractor. The term Subcontractor does not include a separate contractor or subcontractors of a separate contractor. AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 19

29 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term Sub-subcontractor is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Subsubcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply within the 14-day period shall constitute notice of no reasonable objection 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 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 agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor s Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that.1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and.2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor s rights and obligations under the subcontract. AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 20

30 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor s compensation shall be equitably adjusted for increases in cost resulting from the suspension Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor s obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS The Owner reserves the right to perform construction or operations related to the Project with the Owner s own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 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 deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised 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 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 Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor s delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor s delays, improperly timed activities, damage to the Work or defective construction The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 21

31 6.3 OWNER S RIGHT TO CLEAN UP If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 GENERAL Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.2 CHANGE ORDERS A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect stating their agreement upon all of the following:.1 The change in the Work;.2 The amount of the adjustment, if any, in the Contract Sum; and.3 The extent of the adjustment, if any, in the Contract Time. 7.3 CONSTRUCTION CHANGE DIRECTIVES A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods:.1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation;.2 Unit prices stated in the Contract Documents or subsequently agreed upon;.3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or.4 As provided in Section If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time A Construction Change Directive signed by the Contractor indicates the Contractor s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 22

32 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section , the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 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 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect s professional judgment, to be reasonably justified. The Architect s interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. 7.4 MINOR CHANGES IN THE WORK The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order signed by the Architect and shall be binding on the Owner and Contractor. ARTICLE 8 TIME 8.1 DEFINITIONS Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work The date of commencement of the Work is the date established in the Agreement The date of Substantial Completion is the date certified by the Architect in accordance with Section 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 AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 23

33 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 of a separate contractor employed by the Owner; or by changes ordered in the Work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor s control; or by delay authorized by the Owner pending mediation and arbitration; or by other causes that the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine Claims relating to time shall be made in accordance with applicable provisions of Article This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the Architect, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor s Applications for Payment. 9.3 APPLICATIONS FOR PAYMENT At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. Such application shall be notarized, if required, and supported by such data substantiating the Contractor s right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents 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 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 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner s title to such materials and equipment or otherwise protect the Owner s interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site 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 AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 24

34 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, to the best of the Architect s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous onsite inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor s right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect s opinion the representations to the Owner required by Section 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 for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of.1 defective Work not remedied;.2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor;.3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment;.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;.5 damage to the Owner or a separate contractor;.6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or.7 repeated failure to carry out the Work in accordance with the Contract Documents 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. AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 25

35 9.6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner 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. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. 9.7 FAILURE OF PAYMENT If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor s reasonable costs of shutdown, delay and start-up, plus interest as provided for in the Contract Documents. 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 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. AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 26

36 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 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 Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect 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 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 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner s property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys fees. AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 27

37 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims 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 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract 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 Subsubcontractors; and.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction 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 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel 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 AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 28

38 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 permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition 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 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 material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing Upon receipt of the Contractor s written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor s reasonable additional costs of shut-down, delay and start-up To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect s consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor s fault or negligence in the use and handling of such materials or substances 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, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 29

39 10.4 EMERGENCIES In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor s discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR S LIABILITY INSURANCE 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 The insurance required by Section shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to the Contractor s completed operations coverage, until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness 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 OWNER S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner s usual liability insurance 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 which the Project is located, property insurance written on a builder s AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 30

40 risk all-risk or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Subsubcontractors in the Project 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 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance that will protect the interests of the Contractor, Subcontractors and Sub-subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit 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. AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 31

41 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 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 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, subsubcontractors, agents and employees, each of the other, and (2) the Architect, Architect s consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub-subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect s consultants, separate contractors described in Article 6, if any, and the subcontractors, subsubcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged 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. If the Owner and Contractor have selected arbitration as the method of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or, in the case of a dispute over distribution of insurance proceeds, in accordance with the directions of the arbitrators PERFORMANCE BOND AND PAYMENT BOND The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK If a portion of the Work is covered contrary to the Architect s request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect s examination and be replaced at the Contractor s expense without change in the Contract Time. AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 32

42 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner s expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor s expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs CORRECTION OF WORK BEFORE OR AFTER SUBSTANTIAL COMPLETION The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect s services and expenses made necessary thereby, shall be at the Contractor s expense 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 shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 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 this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 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. AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 33

43 ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section SUCCESSORS AND ASSIGNS The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section , 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 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner s rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice RIGHTS AND REMEDIES 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 as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor 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 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. AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 34

44 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 TIME LIMITS ON CLAIMS The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons:.1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped;.2 An act of government, such as a declaration of national emergency that requires all Work to be stopped;.3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or.4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor s request, reasonable evidence as required by Section 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 executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner s obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 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; or AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 35

45 .4 otherwise is guilty of substantial breach of a provision of the Contract Documents When any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor s surety, if any, seven days written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety:.1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor;.2 Accept assignment of subcontracts pursuant to Section 5.4; and.3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work 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 increases in the cost and time caused by suspension, delay or interruption as described in Section 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 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, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 15 CLAIMS AND DISPUTES 15.1 CLAIMS DEFINITION A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term Claim also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 36

46 NOTICE OF CLAIMS Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later 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 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 CLAIMS FOR CONSEQUENTIAL DAMAGES The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and.2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party s termination in accordance with Article 14. Nothing contained in this Section 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 this Section , an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner 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. AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 37

47 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner s expense 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 mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution Either party may file for mediation 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 mediation within 60 days of the initial decision. If such a demand is made and the party receiving the demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision 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 MEDIATION 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 mediation as a condition precedent to binding dispute resolution The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section , the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings The parties shall share the mediator s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof ARBITRATION If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 38

48 party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof CONSOLIDATION OR JOINDER Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s) Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Contractor under this Agreement. AIA Document A Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:48:25 on User Notes: ( ) 39

49 THE VINEYARD CHURCH OF HOUSTON FELLOWSHIP HALL & ELEVATOR 3/11/2013 DOCUMENT FORM OF AGREEMENT 1.1 SUMMARY A. Related Documents: 1. Document Invitation to Bidders / General Requirements 2. Document General Conditions. 1.2 DOCUMENT A. American Institute of Architects (AIA) Document A , Standard Form of agreement Between Owner and Contractor for the Contract for Construction. END OF DOCUMENT Form of Agreement

50 AIA Document A101 TM 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the «Twenty-second» day of «February» in the year «Two Thousand Thirteen» (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) «Michael Palandro» «The Vineyard Church of Houston» «1035 E. 11th Street Houston, Texas 77009» «Telephone Number: » «Fax Number: » and the Contractor: (Name, legal status, address and other information) for the following Project: (Name, location and detailed description) «Vineyard Church of Houston Fellowship Hall Remodel & Elevator Addition» «1035 E. 11th Street Houston, Texas 77009» «The Work of this project is generally described as remodel and renovation of existing fellowship hall building and elevator addition for an existing 3 story worship auditorium building» ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A , General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. The Architect: (Name, legal status, address and other information) «Carol Vick Architect LLC» «2000 N. Loop West Ste. 115» «Houston, Texas 77018» «Tel »Fax The Owner and Contractor agree as follows. ELECTRONIC COPYING of any portion of this AIA Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:25:16 on User Notes: ( ) 1

51 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner s time requirement shall be as follows: 3.2 The Contract Time shall be measured from the date of commencement. 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:25:16 on User Notes: ( ) 2

52 Portion of Work Substantial Completion Date, subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor s performance of the Contract. The Contract Sum shall be ($ ), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) 4.3 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit ($0.00) 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item Price ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: Provided that an Application for Payment is received by the Architect not later than the day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the day of the month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than ( ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor s Applications for Payment. AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:25:16 on User Notes: ( ) 3

53 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of percent ( %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section of AIA Document A , General Conditions of the Contract for Construction;.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of percent ( %);.3 Subtract the aggregate of previous payments made by the Owner; and.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A The progress payment amount determined in accordance with Section shall be further modified under the following circumstances:.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section of AIA Document A requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.).2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section of AIA Document A Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections and above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) Except with the Owner s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when.1 the Contractor has fully performed the Contract except for the Contractor s responsibility to correct Work as provided in Section of AIA Document A , and to satisfy other requirements, if any, which extend beyond final payment; and.2 a final Certificate for Payment has been issued by the Architect The Owner s final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect s final Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A , unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:25:16 on User Notes: ( ) 4

54 (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A , the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A [ ] Litigation in a court of competent jurisdiction [ ] Other (Specify) ARTICLE 7 TERMINATION OR SUSPENSION 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A The Work may be suspended by the Owner as provided in Article 14 of AIA Document A ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Where reference is made in this Agreement to a provision of AIA Document A or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) % 8.3 The Owner s representative: (Name, address and other information) 8.4 The Contractor s representative: (Name, address and other information) AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:25:16 on User Notes: ( ) 5

55 8.5 Neither the Owner s nor the Contractor s representative shall be changed without ten days written notice to the other party. 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below The Agreement is this executed AIA Document A , Standard Form of Agreement Between Owner and Contractor The General Conditions are AIA Document A , General Conditions of the Contract for Construction The Supplementary and other Conditions of the Contract: Document Title Date Pages The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Date Pages The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date The Addenda, if any: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article Additional documents, if any, forming part of the Contract Documents:.1 AIA Document E , Digital Data Protocol Exhibit, if completed by the parties, or the following:.2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor s bid are not part of the Contract AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:25:16 on User Notes: ( ) 6

56 Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A ) Type of insurance or bond Limit of liability or bond amount ($0.00) This Agreement entered into as of the day and year first written above. OWNER (Signature) CONTRACTOR (Signature) (Printed name and title) (Printed name and title) AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:25:16 on User Notes: ( ) 7

57 FORM OF PROPOSAL PROPOSAL FOR VCH FELLOWSHIP HALL RENOVATIONS / ELEVATOR ADDITION 1035 E. 11TH ST. HOUSTON, TX BIDDER: DATE: Having carefully examined the Instruction to Bidders, Contract Drawings, Specifications and General Conditions, as well as the premises and job site conditions affecting the work the Undersigned makes the following proposal to furnish all labor, maintenance, material equipment, transportation, supervision and administration for VCH in strict conformance with the aforementioned documents. 1.1 TIME OF COMPLETION A. Bidder will achieve Substantial Completion of the Work within the following calendar days after a Notice to Proceed is issued: 1.2 BID AMOUNTS A. Base Bid Amount: Bidder proposes to construct this project for the stipulated sum of: Days ( ) Dollars ( ) A. Alternate Bids: If the Alternates listed below and further described in Section Alternates are accepted, the Base Bid Amount stated above shall be modified by the following amounts: 1. Alternate No. 1: [ ] (Add) (Deduct) (Bidder strike one): 2. Alternate No. 2: [ ] (Add) (Deduct) (Bidder strike one): Dollars ( ) ( ) Dollars 1.3 ADDENDA A. Bidder acknowledges receipt of the following Addenda: No. Dated, 20 No. Dated, 20 No. Dated, 20 Bid Form

58 THE VINEYARD CHURCH OF HOUSTON FELLOWSHIP HALL & ELEVATOR 3/11/2013 DOCUMENT GEOTECHNICAL DATA 1.1 INVESTIGATION A. Geotechnical investigations were conducted at the site, the results of which can be found in the report issued byterracon, Report No dated November 1, B. A copy of the report is bound into the Project Manual. 1.2 INTERPRETATION A. The report is provided only for bidder's information and convenience and is not part of the Contract Documents. Owner and Architect do not warrant the accuracy or extent of the report or locations of the test borings. B. The report is based upon the assumption that uniform variation exists in soil properties between borings. Interpretation of the report is bidder's responsibility. Owner and Architect will not be responsible for interpretation of report by bidders. C. Bidders are urged to examine the report and the site. D. Additional soil borings or other exploratory operations may be made by bidders at no additional cost to Owner, provided such operations are approved by Owner in advance. E. Refer to Conditions of the Contract for additional information. END OF DOCUMENT Geotechnical Data

59 Geotechnical Engineering Report Vineyard Church Additions/Renovations 1035 East 11 th Street Houston, Texas November 1, 2012 Terracon Project No Prepared for: Vineyard Church of Houston Houston, Texas Prepared by: Terracon Consultants, Inc. Houston, Texas

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61 TABLE OF CONTENTS Page EXECUTIVE SUMMARY... i 1.0 INTRODUCTION PROJECT INFORMATION Project Description Site Description SUBSURFACE CONDITIONS Geology Typical Profile Groundwater RECOMMENDATIONS FOR DESIGN AND CONSTRUCTION Geotechnical Considerations Earthwork Compaction Requirements Wet Weather/Soft Subgrade Considerations Foundation System Design Recommendations Drilled-and-Underreamed Footings Construction Considerations Drilled-and-Underreamed Footings Grade Beams Drilled-and-Underreamed Footings Design Recommendations Shallow Spread Footings Construction Considerations Shallow Spread Footings Foundation Construction Monitoring Connection of Existing Building and Proposed Elevator Addition Floor Slab Excavation Considerations Groundwater Control Below-Grade Wall/Floor Drainage Lateral Earth Pressures GENERAL COMMENTS APPENDIX A FIELD EXPLORATION Exhibit A-1 Site Location Plan Exhibit A-2 Boring Location Plan Exhibit A-3 Field Exploration Description Exhibit A-4 Boring Log APPENDIX B LABORATORY TESTING Exhibit B-1 Laboratory Testing APPENDIX C SUPPORTING DOCUMENTS Exhibit C-1 General Notes Exhibit C-2 Unified Soil Classification System

62 Geotechnical Engineering Report Vineyard Church Additions/Renovations Houston, Texas November 1, 2012 Terracon Project No EXECUTIVE SUMMARY This geotechnical engineering report has been prepared for the proposed addition of a new elevator shaft within the existing 3-story Vineyard Church of Houston located at 1035 East 11 th Street in Houston, Texas. A single test boring, designated B-1, was drilled to a depth of approximately 20 feet below existing grade (grade at the time of our field program) adjacent to the area of the proposed elevator addition. Based on the information obtained from our subsurface exploration, the site can be developed for the proposed project. A summary of our findings and recommendations is listed below. Groundwater was not observed at boring B-1 during or upon completion of drilling. Fill soils were observed beneath the existing concrete flatwork at boring B-1 and extended to a depth of approximately 2 feet below existing grade. Support of the foundation elements and slab on or above the fill soils is discussed in this report. However, even with the recommended construction testing services, an inherent risk exists for the owner that compressible fill or unsuitable material within or buried by the fill will not be discovered. Expansive soils were observed at this site. This report provides recommendations to help reduce the effects of soil shrinkage and expansion. However, even if these procedures are followed, some movement and distress in the elevator shaft should be anticipated. A foundation system consisting of either drilled-and-underreamed footings or shallow spread footings may be utilized to support the proposed elevator shaft planned at this site. To provide uniform support to the elevator pit slab, we recommend that a minimum 12 inches of select fill soil be provided beneath the slab. This summary should be used in conjunction with the entire report for design purposes. Details were not included or fully developed in this section, and the report must be read in its entirety for a comprehensive understanding of the items contained herein. The section titled 5.0 GENERAL COMMENTS should be read for an understanding of the report limitations. Responsive Resourceful Reliable i

63 GEOTECHNICAL ENGINEERING REPORT VINEYARD CHURCH ADDITIONS/RENOVATIONS 1035 EAST 11 th STREET HOUSTON, TEXAS Project No November 1, INTRODUCTION Terracon Consultants, Inc. (Terracon) is pleased to submit our geotechnical engineering report for the proposed addition of a new elevator shaft within the existing 3-story Vineyard Church of Houston located at 1035 East 11 th Street in Houston, Texas. A single test boring, designated B-1, was drilled to a depth of approximately 20 feet below existing grade (grade at the time of our field program) adjacent to the area of the proposed elevator addition. This project was authorized by Mr. Harry Fritzenschaft, Pastor of Vineyard Church of Houston, through signature of our Agreement for Services on September 11, The project scope was performed in general accordance with Terracon Proposal No. P Revision1, dated September 11, The purpose of this report is to describe the subsurface conditions observed at the single test boring drilled for this project, analyze and evaluate the test data, and provide recommendations with respect to: Site and subgrade preparation; Foundation design and construction; Excavation considerations; and Lateral earth pressures. 2.0 PROJECT INFORMATION 2.1 Project Description Item Description Project location Site layout See Appendix A, Exhibit A-1, Site Location Plan. See Appendix A, Exhibit A-2, Boring Location Plan. Responsive Resourceful Reliable 1

64 Geotechnical Engineering Report Vineyard Church Additions/Renovations Houston, Texas November 1, 2011 Terracon Project No Item Continued from page 1 Proposed improvement Maximum footprint area 1 Maximum loads 1 Planned foundation system Description An elevator shaft addition within the southeast corner of the existing Vineyard Church of Houston. We understand that the proposed elevator shaft is planned to extend no more than 5 feet below existing grade. 7 feet by 7 feet. Column loads: 50 kips. A foundation system consisting of either shallow spread footings or drilled-and-underreamed footings. 1. Information provided by Monghate Engineering, Inc. 2.2 Site Description Item Site location Existing conditions Current ground cover Existing topography Description The project site is located within the existing Vineyard Church of Houston building at 1035 East 11 th Street in Houston, Texas. An existing 3-story building and adjacent flatwork. Concrete slab. Relatively level. 3.0 SUBSURFACE CONDITIONS 3.1 Geology The site for the proposed construction is located on the Beaumont clay formation, a deltaic nonmarine Pleistocene deposit. The Beaumont clay is a heterogeneous formation containing thick interbedded layers of clay, fine sand and silt. The clay fraction is primarily composed of montmorillonite, illite, kaolinite, and finely ground quartz. The clay present in the formation has been preconsolidated by a process of desiccation. Numerous wetting and drying cycles have produced a network of small randomly oriented, closely-spaced joints within some depth zones. These small joints frequently have a shiny appearance and the clays are called slickensided in these cases. The joint pattern may have an influence on the construction and engineering behavior of the soil. Responsive Resourceful Reliable 2

65 Geotechnical Engineering Report Vineyard Church Additions/Renovations Houston, Texas November 1, 2011 Terracon Project No The coastal plain in this region has a complex tectonic geology, several major features of which are: Gulf Coastal geosyncline, salt domes, and major sea level fluctuations during the glacial stages, subsidence and geologic faulting activities. Most of these geologic faulting activities have ceased for millions of years, but some are still active. A geologic fault investigation and study of the site geology are beyond the scope of this report. 3.2 Typical Profile The particular subsurface stratigraphy, as evaluated from our field and laboratory programs, is shown in detail on the Boring Log in Appendix A. Concrete flatwork was observed at the surface of boring B-1 and exhibited a thickness of approximately 9 inches. Fill soils were observed beneath the existing concrete flatwork and extended to a depth of approximately 2 feet below existing grade. The native subsurface soils generally consisted of lean clay and fat clay soils to the termination depth of the boring (about 20 feet below existing grade). Conditions observed at the boring location are indicated on the Boring Log. Stratification boundaries on the Boring Log represent the approximate location of changes in soil types; in-situ, the transition between materials may be gradual. Details for the boring can be found on the Boring Log in Appendix A of this report. Based on our field and laboratory programs, engineering values for the subsurface conditions can be summarized as follows: Description Plasticity Index (%) Subsurface Soils In-situ Moisture Content (%) Moisture content vs. Plastic limit 1 (%) Undrained Shear Strength 2 (psf) Percentage of Fines 3 Fill: Lean Clay Lean Clay 31 to to to +4 2, Fat Clay to The difference between a soil sample s in-situ moisture content and its corresponding plastic limit. Based on unconfined compressive strength tests. Percent passing the No. 200 sieve. Pocket penetrometer readings in tons per square foot (tsf). (%) 3.3 Groundwater Boring B-1 was advanced using dry drilling techniques to its termination depth (approximately 20 feet below existing grade) in an effort to evaluate groundwater conditions at the time of our field program. Groundwater was not observed at boring B-1 during or upon completion of Responsive Resourceful Reliable 3

66 Geotechnical Engineering Report Vineyard Church Additions/Renovations Houston, Texas November 1, 2011 Terracon Project No drilling. These groundwater measurements are considered short-term, since the boring was open for a short time period. On a long-term basis, groundwater may be present within the depths explored. Additionally, groundwater will fluctuate seasonally with climatic changes and should be evaluated prior to construction. 4.0 RECOMMENDATIONS FOR DESIGN AND CONSTRUCTION The following recommendations are based upon the data obtained in our field and laboratory programs, project information provided to us, and on our experience with similar subsurface and site conditions. 4.1 Geotechnical Considerations As stated previously, fill soils were observed beneath the existing concrete flatwork at boring B-1 and extended to a depth of approximately 2 feet below existing grade. Fill may be present at varying depths and at other locations not explored during our field program. Support of the foundation elements and slab on or above undocumented fill soils is discussed in this report. However, even with the recommended construction testing services, an inherent risk exists for the owner that compressible fill or unsuitable material within or buried by the fill will not be discovered. The risk of unforeseen conditions cannot be eliminated without completely removing the existing fill. Expansive soils were observed at this site. This report provides recommendations to help mitigate the effects of soil shrinkage and expansion. However, even if these procedures are followed, some movement and distress in the structure should be anticipated. The severity of distress will increase if any modification of the site results in excessive wetting or drying of the expansive soils. Eliminating the risk of movement associated with expansive soils may not be feasible. However, this risk can be significantly reduced if the structure is designed as a structural slab over a void space with the structural loads supported by a foundation system terminated below the active zone. Terracon can provide recommendations for a structural floor slab system, if requested. 4.2 Earthwork Construction areas should be stripped of all vegetation, existing concrete flatwork, and any other debris/unsuitable material. Proper site drainage should be maintained during construction so that ponding of surface runoff does not occur and cause construction delays and/or inhibit site access. Once final subgrade elevations have been achieved, the exposed subgrade should be carefully proofrolled to detect weak zones in the subgrade. Special care should be exercised when Responsive Resourceful Reliable 4

67 Geotechnical Engineering Report Vineyard Church Additions/Renovations Houston, Texas November 1, 2011 Terracon Project No proofrolling areas containing fill soils to detect soft/weak areas within the fill soils. Weak areas detected during proofrolling, as well as zones of fill containing organic matter and debris, should be removed and replaced with soils exhibiting similar classification, moisture content, and density as the adjacent in-situ soils. Proofrolling should be performed under the direct observation of the geotechnical engineer or his/her representative. Subsequent to proofrolling, and just prior to placement of fill, the exposed subgrade within the construction area should be evaluated for moisture and density. If the moisture and/or density do not meet the criteria described in the Compaction Requirements section for on-site soils, the subgrade should be scarified to a minimum depth of 6 inches, moisture adjusted and compacted to at least 95 percent of the Standard Effort (ASTM D 698) maximum dry density. Select fill soils to be used at this site for grade adjustments should meet the following criteria: Fill Type USCS Classification Acceptable Location for Placement Select fill CL and/or SC (10 PI 20) Must be used to construct the pad under the floor slab and for all grade adjustments within the elevator addition area. If blended or mixed soils are intended for use to construct the select fill pad, Terracon should be contacted to provide additional recommendations. Blended or mixed soils do not occur naturally. These soils are a blend of sand and clay and will require mechanical mixing with a pulvimixer at the site. If these soils are not mixed thoroughly to break down the clay clods and blend-in the sand to produce a uniform soil matrix, the fill material may be detrimental to the slab performance. If blended soils are used, we recommend that additional samples of the blended soils, as well as the clay clods, be obtained prior to and during earthwork operations to evaluate if the blended soils can be used in lieu of select fill. The actual type and amount of mechanical mixing at the site will depend on the amount of clay and sand, and properties of the clay Compaction Requirements Item Fill Lift Thickness Compaction Requirements Description Fill soils should be placed on prepared surfaces in lifts not to exceed 8 inches loose measure, with compacted thickness not to exceed 6 inches. The select fill soils should be compacted to at least 95 percent of the Standard Effort (ASTM D 698) maximum dry density. The select fill should be moisture adjusted to within 2 percent of the optimum moisture content. The on-site clay soils should be moisture conditioned to between optimum and +4 percent of the optimum moisture content. Responsive Resourceful Reliable 5

68 Geotechnical Engineering Report Vineyard Church Additions/Renovations Houston, Texas November 1, 2011 Terracon Project No Prior to any filling operations, samples of the proposed borrow and on-site materials should be obtained for laboratory moisture-density testing. The tests will provide a basis for evaluation of fill compaction by in-place density testing. A qualified soil technician should perform sufficient inplace density tests during the filling operations to evaluate that proper levels of compaction, including dry unit weight and moisture content, are being attained Wet Weather/Soft Subgrade Considerations Construction operations may encounter difficulties due to wet or soft surface soils becoming a general hindrance to equipment, especially following periods of wet weather. If the subgrade cannot be adequately compacted to the minimum densities as described previously, one of the following measures will be required: 1) removal and replacement with select fill, 2) chemical treatment of the soil to dry and improve the condition of the subgrade, or 3) drying by natural means if the schedule allows. Based on our experience with similar soils in this area, chemical treatment is the most efficient and effective method to increase the supporting value of wet and weak subgrade. Terracon should be contacted for additional recommendations if chemical treatment is planned due to wet and soft subgrade. 4.3 Foundation System Based on the information provided by Monghate Engineering, Inc. we understand that the proposed elevator shaft addition is planned to be supported on a foundation system consisting of either drilled-and-underreamed footings or shallow spread footings. Based upon the subsurface conditions observed during our field and laboratory programs, these types of foundation systems may be utilized to support the elevator addition provided the subgrade is prepared as discussed in this report. Recommendations for these types of foundation systems are provided in the following sections, along with other geotechnical considerations for this project Design Recommendations Drilled-and-Underreamed Footings Minimum embedment 1 Description Design Parameters 10 feet below existing grade (grade at the time of our field program) Allowable bearing pressures 2 Net dead plus sustained live load 2,800 psf Net total load 4,300 psf Maximum underream-to-shaft diameter ratio 3:1 Minimum underream-to-shaft diameter ratio 3 2:1 Estimated uplift pressure due to postconstruction heave of the clay soils 4 Minimum percentage of steel 5 Approximate total settlement 6 2,000 psf 0.5 percent one inch or less Responsive Resourceful Reliable 6

69 Geotechnical Engineering Report Vineyard Church Additions/Renovations Houston, Texas November 1, 2011 Terracon Project No Description Continued from page 6 Estimated differential settlement 7 Allowable passive pressure 8 Uplift resistance To bear within the native clay soils. Whichever condition yields a larger bearing area. Design Parameters Approximately ½ of total settlement 1,500 psf Foundation Weight (150 pcf) & Soil Weight (120 pcf) This minimum underream-to-shaft diameter ratio should result in a large enough diameter of the underream to overcome uplift forces on the footing without casing local soil failure to the overlying soils. The magnitude of uplift is difficult to predict and will vary with in-situ moisture contents. This uplift pressure can be approximated over the entire perimeter of the shaft above the top of the underream. The footings should contain sufficient vertical reinforcing steel throughout the entire shaft length to resist uplift (tensile) forces due to post-construction heave of the clay soils. The amount of reinforcing steel required can be computed by assuming that the dead load of the structure surcharges the footing, that the above estimated tensile force acts vertically on the shaft, and that the underream acts as a rigid anchor. Provided proper construction practices are followed. A clear distance between the footings of one underream diameter of the larger footing (new and existing) should be provided between the underreams to develop the recommended bearing pressures and to control settlements. If a clearance of one diameter cannot be maintained in every case, the above bearing capacities should be reduced by 20 percent for a clearance between one-half and one underream diameter. Underreams closer than a clearance of one half of an underream diameter are not recommended. The differential settlement will result from variances in subsurface conditions, loading conditions and construction procedures, such a cleanliness of the bearing area or flowing water in the shaft. For footings placed against an undisturbed vertical face of the in-situ soils. Lateral resistance of the drilled-and-underreamed footings is primarily developed by passive resistance of the soils against the side of the footing. Due to surface effects and presence of fill and expansive soils, the lateral resistance of the upper 3 feet of the soils at the surface for exterior footings should be neglected unless area paving is provided up to the edge of the structure. Structural uplift loads on the drilled-and-underreamed footings will be resisted by the dead weight of the footings and supported structure plus the weight of a soil wedge above the footing. The soil wedge can be assumed to extend upward from the bottom of the underream at a slope of 4 vertical to 1 horizontal Construction Considerations Drilled-and-Underreamed Footings Drilled excavations to a depth of 10 feet below existing grade (grade at the time of our field program) will be necessary for installation of drilled-and-underreamed footings for the proposed elevator addition at this site. The excavations should be performed with equipment capable of providing a relatively clean bearing area. The presence of secondary structures such as sand pockets, ferrous and calcareous nodules, etc. may cause some sloughing during footing excavation. Thus, the drilling contractor should have casing available in the event that sloughing causes improperly formed shafts. Responsive Resourceful Reliable 7

70 Geotechnical Engineering Report Vineyard Church Additions/Renovations Houston, Texas November 1, 2011 Terracon Project No Groundwater was not observed at boring B-1 during or upon completion of drilling (refer to the 3.3 Groundwater section). Therefore, groundwater is not expected to be a major concern during footing construction at the recommended bearing depth. However, depending on climatic conditions, groundwater levels will vary from the levels observed during our field program. Water must not be allowed to accumulate in the bottom of the footing excavations. The contractor should be prepared to remove water from the drilled footings, if necessary. To reduce the potential for water seepage into the footing excavation and to minimize disturbance to the bearing area, we recommend that concrete and steel be placed as soon as possible after footing excavations are completed. Preferably, footing excavations should be backfilled with concrete within about 2 to 4 hours of completion of the drilling and in no case should an excavation be left open overnight. The concrete placed in the excavations should have a 6-inch slump with a plus or minus one inch tolerance. The bottom of each footing excavation should be free of all loose materials and/or water, and the bearing surface should be evaluated immediately prior to placing concrete. Based on the available field and laboratory data, the underreams constructed as described in this report should remain stable for a short period of time. However, if underreams are marginally stable due to water seepage and/or the presence of sloughing soils, successful construction of underreamed footings may be possible by performing the sequence of construction without interruption, that is, each footing drilled, underreamed, and backfilled with concrete in one continuous operation. The contractor must coordinate the operation very closely to have concrete on site at the time each footing is drilled and underreamed so that no shaft or underream is drilled without concrete standing by, ready to be placed. Additional measures to reduce the potential for caving of the underream would be to limit the underream-to-shaft diameter ratio to 2.5:1 or 2:1 or to install straight shaft footings in isolated problem areas. Terracon should be contacted for additional recommendations if straight-shaft footings are being considered Grade Beams Drilled-and-Underreamed Footings Grade beams associated with the drilled-and-underreamed footings should be designed to span between the footings without subgrade support. Often, a vertical void of about 6 to 8 inches is provided beneath the grade beams in clay soils such as those observed at this site. However, recent experience indicates that the voids beneath the grade beams often fill with water, providing moisture to the surrounding subgrade. Therefore, provided that the subgrade is prepared as recommended in this report, grade beams may be constructed without a void at this site. However, due to the underlying clay soils, nominal upward movement of the grade beams may occur during moisture variations of the subgrade. If construction of voids beneath the grade beams is planned, proper construction of the voids and soil retainers is very important. If a cardboard carton system is used on this project, we recommend that the carton form supplier provide, during the initial concrete operations, a representative to instruct the work force on the proper installation methods for both the forms Responsive Resourceful Reliable 8

71 Geotechnical Engineering Report Vineyard Church Additions/Renovations Houston, Texas November 1, 2011 Terracon Project No and the concrete. In addition, measures should be implemented to provide proper surface drainage away from the structures to reduce the potential for water to access the voids. Backfill against the outside face of the grade beams should consist of select fill used to prepare the building pad. The select fill should be uniformly compacted to at least 95 percent of the Standard Effort (ASTM D 698) maximum dry density at a moisture content within 2 percent of optimum moisture content Design Recommendations Shallow Spread Footings As state previsouly, shallow spread footings may be also utilized to support the proposed elevator shaft addition planned at this site. In addition, the proposed elevator shaft addition is planned to be constructed at a depth of about 5 feet below existing grade. Recommendations for a foundation system consisting of shallow spread footings are provided below. Description Minimum embedment below the finished floor elevation 1 Allowable bearing pressures (individual footings) Approximate total settlement 2 Estimated differential settlement 3 Allowable passive pressure 4 Allowable frictional resistance 4 Uplift resistance Design Parameters 18 inches Net dead plus sustained live load 3,700 psf Net total load 5,500 psf Approximately one inch Approximately ½ of total settlement 1,500 psf 250 psf Foundation Weight (150 pcf) & Soil Weight (120 pcf) To bear within the native clay soils. Based on the information provided to Terracon, the finished floor elevation of the proposed elevator shaft addition is planned to be 5 feet below existing grade. Thus, the footings should be supported at 6½ feet below existing grade. Provided proper construction practices are followed. A clear distance between footings of one footing size of the larger of the two footings should not produce overlapping stress distributions and would essentially behave as independent foundations. Differential settlements may result from variances in subsurface conditions, loading conditions and construction procedures. The settlement response of the footings will be more dependent upon the quality of construction than upon the response of the subgrade to the foundation loads. Lateral loads transmitted to the shallow spread footings will be resisted by a combination of soilconcrete friction on the base of the footing and passive pressure on the sides of the footing. The passive pressure along the exterior face of the footings should be neglected within the upper 3 feet due to surface effects and presence of expansive soils unless pavement and/or flatwork is provided up to the edge of the structure. Structural uplift loads on the shallow footings may be resisted by the weight of the foundation plus the weight of any soil directly above the foundation. The ultimate uplift capacity of shallow footings should be reduced by an appropriate factor of safety to compute allowable uplift capacity. Responsive Resourceful Reliable 9

72 Geotechnical Engineering Report Vineyard Church Additions/Renovations Houston, Texas November 1, 2011 Terracon Project No Construction Considerations Shallow Spread Footings Excavations for shallow footings should be performed with equipment capable of providing a relatively clean bearing area. The bottom 6 inches of the foundation excavations should be completed with a smooth-mouthed bucket or by hand labor. The excavations should be neatly excavated and properly formed. Debris in the bottom of the excavation should be removed prior to steel placement. Based on the groundwater observations obtained during our field program (refer to the 3.3 Groundwater section), significant groundwater seepage is not anticipated for shallow footings at the recommended bearing depth. However, water should not be allowed to accumulate at the bottom of the foundation excavations. To reduce the potential for groundwater seepage into the excavations and to minimize disturbance to the bearing area, we recommend that concrete and steel be placed as soon as possible after the excavations are completed. Excavations should not be left open overnight. The bearing surface of the shallow footings should be evaluated immediately prior to placing concrete or a seal slab. A thin seal slab (approximately 2 to 4 inches thick) should be placed at the bottom of the footing excavation to protect the bearing surface of the footings from disturbance and/or infiltration of ground/surface water if the footings cannot be poured within the same day as the excavation Foundation Construction Monitoring The performance of the foundation system will be highly dependent upon the quality of construction. Thus, we recommend that fill pad compaction and foundation installation be monitored full time by an experienced Terracon soil technician under the direction of our geotechnical engineer. During foundation installation, the base of the footings should be monitored to evaluate the condition of the subgrade. We would be pleased to develop a plan for compaction and foundation installation monitoring to be incorporated in the overall quality control program Connection of Existing Building and Proposed Elevator Addition We understand that the new elevator addition is planned to be constructed within the existing Vineyard Church of Houston building. Due to the independence of the existing and proposed foundation systems, differential movements may occur between the foundation systems. The magnitude of the differential movement will be primarily dependent upon the stability of the moisture content of the near-surface soils, the quality of foundation construction and subgrade preparation utilized for the elevator addition, and the performance of the foundation system of the existing building. Therefore, any members or connections of the elevator addition which are common to the foundation of the adjacent existing building should be designed such that they are tolerant to differential movements between the foundation systems whenever possible. Responsive Resourceful Reliable 10

73 Geotechnical Engineering Report Vineyard Church Additions/Renovations Houston, Texas November 1, 2011 Terracon Project No Floor Slab Based on the provided information, we understand that the proposed elevator pit is planned to be no more than 5 feet below existing grade. If cuts and/or significant fills are planned, Terracon should be notified to review and/or modify our recommendations given in this subsection. The near-surface subsurface soils at this site generally exhibited a medium to high expansion potential. These soils can subject the lightly loaded interior floor slab for the proposed elevator pit to significant movements (due to shrinking and swelling) with fluctuations in their moisture content. This movement potential is influenced primarily by the properties of the subgrade soils, as well as the moisture content of the subgrade at the time of construction, overburden pressures, and the stability of the moisture contents throughout the life of the structure. Based on the information developed from our field and laboratory programs and on method TEX-124-E in the Texas Department of Transportation (TxDOT) Manual of Testing Procedures, we estimate that the subgrade soils at this site exhibit a Potential Vertical Rise (PVR) of up to approximately 2¼ inches. Therefore, we highly recommend that the near-surface soils within the elevator pit area be prepared as stated below to reduce the potential for grade-supported slab movement associated with volumetric changes of the near-surface clay soils due to moisture variations to a more acceptable level. The actual movements could be greater if poor drainage, ponded water, and/or other sources of moisture are allowed to infiltrate beneath the structure after construction. The most common method of subgrade preparation to reduce potential expansion of the subgrade would be to provide a pad of properly placed and compacted select fill beneath the elevator pit area. The corresponding decrease in the potential soil movements is primarily a function of the fill pad thickness and the moisture levels of the underlying clay subgrade. While the indicated preparations do not eliminate the potential for soil movement, the magnitude of such movements should be reduced to more acceptable levels. As previously mentioned, we understand that the proposed elevator pit is planned to be no more than 5 feet below existing grade. To provide a pad of uniform support under the floor slab of the elevator pit, we recommend that a minimum of 12 inches of properly placed and compacted select fill soils be constructed beneath the slab. The select fill pad should extend horizontally a minimum distance of 3 feet beyond the edge of the elevator pit area. (This requirement may be omitted in areas where the elevator pit is located immediately adjacent to the existing building walls.) The final exterior grade adjacent to the structure should be sloped to promote effective drainage away from the structure. Select fill soils should be utilized for all grade adjustments within the proposed elevator addition area. The subgrade and select fill soils should be prepared as outlined in the 4.2 Earthwork section of this report, which contains material and placement requirements for select fill, as well as other subgrade preparation recommendations. Responsive Resourceful Reliable 11

74 Geotechnical Engineering Report Vineyard Church Additions/Renovations Houston, Texas November 1, 2011 Terracon Project No Excavation Considerations The sides of below grade structure excavations may either be sloped or formed with vertical cuts. For vertical sided excavations greater than 5 feet in depth, the excavations will require the use of shoring, bracing or some form of retention to prevent sloughing and caving of the soil into the excavation. Bracing for vertical excavation walls should be designed to resist a uniform lateral earth pressure of at least 36H in psf, where H is the depth of the excavation in feet. Additional lateral pressure, due to surcharge loads along the perimeter of the excavation, should be considered by adding a lateral pressure of 50 percent of the surcharge pressure. OSHA standards provide recommendations for the design of temporary sloped excavations with a depth more than 5 feet and less than 20 feet. The OSHA standards provide maximum allowable slopes contingent on three designated soil types: Type A, Type B, and Type C. According to OSHA standards, temporary sloped excavations should be no steeper than horizontal on 1-vertical (0.75H:1V) for Type A soils, 1H:1V for Type B soils, and 1.5H:1V for Type C soils. The soils type should be evaluated by a contractor designated Competent Person at the time of construction. The surface soils should be protected from deterioration and weathering if they are left open for significant periods of time. The contractor should use a trench box or shoring and bracing as necessary to maintain a safe and clean excavation which meets with the Occupational Safety and Health Administration (OSHA) requirements. Excavations must be performed and inspected under the supervision of a contractor designated Competent Person. The Competent Person, as defined by the OSHA Standard, 29 CFR Part to.652, Subpart P Excavations, must evaluate the excavations at the time of construction activity to safeguard workers. Excavations should be performed with equipment capable of providing a relatively clean bearing area. Excavating equipment should not disturb the soil beneath the design excavation bottom and should not leave large amounts of loose soil in the excavation. As a safety measure, no equipment should be operated within 5 feet of the edge of the excavation and no materials should be stockpiled within 10 feet of the excavation. Excavations should not approach closer than 10 feet from existing structures/facilities without some form of protection for the facilities. Proper berming or ditching should be performed to divert any surface runoff away from the excavation. 4.6 Groundwater Control As noted on the boring log and presented in the 3.3 Groundwater section of this report, groundwater was not observed during or upon completion of drilling at boring B-1. Based on the soil and groundwater information obtained during our field activities, we anticipate that excavations Responsive Resourceful Reliable 12

75 Geotechnical Engineering Report Vineyard Church Additions/Renovations Houston, Texas November 1, 2011 Terracon Project No for the proposed elevator shaft addition may be performed without advance dewatering. Seepage that may occur in the clay soils is expected to be minor and likely can be handled utilizing a system of sumps and pumps. As stated previously, the groundwater levels will fluctuate with seasonal and climatic changes and should be evaluated just prior to construction. To further evaluate the groundwater at the time of construction, piezometers can be set just prior to construction. As an alternative, test pits may be dug to the planned excavation depths. Based on the results, the contractor should determine effective methods of groundwater management prior to starting excavation operations. 4.7 Below-Grade Wall/Floor Drainage A permanent drainage system should be installed behind the walls of the below-grade portion of the proposed elevator shaft addition. The wall drainage system should be installed directly behind the below grade walls (at least 12 inches wide) and should consist of clean, washed coarse concrete sand or pea gravel (less than 5 percent passing through the No. 200 sieve). Filter fabric (Mirafi 140N or equivalent) should be placed between the granular drainage medium and the backfill soils. In lieu of a clean granular drainage layer, a prefabricated drainage composite may be considered for placement directly against the below-grade walls. Slotted collector pipes should be located at the bottom of the walls within the granular drainage medium. The drain system should be designed to gravity flow toward common sump areas for collection and removal of water. For additional protection to keep below grade portions of the elevator pit dry, we recommend that a moisture barrier and/or water-proofing measures be implemented for the floor slab and below grade walls of the elevator pit. 4.8 Lateral Earth Pressures The backfill soils adjacent to below grade walls and retaining walls will impose active to at-rest earth pressures against the wall. The backfill should be compacted to 95 percent of the Standard Effort (ASTM D 698) maximum dry density. Design lateral earth pressures may be computed using an equivalent fluid weighing 50 pcf for clean sand backfill and 90 pcf for on-site clay soils or select fill backfill. These pressures do not include hydrostatic pressures nor do they include surcharge forces imposed by construction or vehicular loading. The lateral pressure produced by surcharge may be computed as 50 percent of the vertical surcharge pressure applied as a constant pressure over the full depth of the wall. A 2-foot thick layer of compacted clay soil should be placed at the top of sand backfill to reduce the amount of infiltration of surface water. Responsive Resourceful Reliable 13

76 Geotechnical Engineering Report Vineyard Church Additions/Renovations Houston, Texas November 1, 2011 Terracon Project No GENERAL COMMENTS Terracon should be retained to review the final design plans and specifications so comments can be made regarding interpretation and implementation of our geotechnical recommendations in the design and specifications. Terracon also should be retained to provide observation and testing services during grading, excavation, foundation construction, and other earth-related construction phases of the project. The analysis and recommendations presented in this report are based upon the data obtained from the single boring performed at the indicated location and from other information discussed in this report. This report does not reflect variations that may occur across the site or due to the modifying effects of weather. The nature and extent of such variations may not become evident until during or after construction. If variations appear, we should be immediately notified so that further evaluation and supplemental recommendations can be provided. The scope of services for this project does not include either specifically or by implication any environmental or biological (e.g., mold, fungi, and bacteria) assessment of the site or identification or prevention of pollutants, hazardous materials or conditions. If the owner is concerned about the potential for such contamination or pollution, other studies should be undertaken. For any excavation construction activities at this site, all Occupational Safety and Health Administration (OSHA) guidelines and directives should be followed by the Contractor during construction to insure a safe working environment. In regards to worker safety, OSHA Safety and Health Standards require the protection of workers from excavation instability in trench situations. This report has been prepared for the exclusive use of our client for specific application to the project discussed and has been prepared in accordance with generally accepted geotechnical engineering practices. No warranties, either express or implied, are intended or made. Site safety, excavation support, and dewatering requirements are the responsibility of others. In the event that changes in the nature, design, or location of the project as outlined in this report are planned, the conclusions and recommendations contained in this report shall not be considered valid unless Terracon reviews the changes and either verifies or modifies the conclusions of this report in writing. Responsive Resourceful Reliable 14

77 APPENDIX A FIELD EXPLORATION

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