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HomeMy WebLinkAboutBozeman Waste Water Treatment Facility Re-Roof , THE CITY OF BOZEMAN 20 E. OLIVE. P.O. BOX 1230 BOZEMAN, MONTANA 59771.1230 ENGINEERING DEPARTMENT PHONE: (406) 582-2280 . FAX: (406) 582.2263 MEMORANDUM May 7,2007 To: Paul Luwe, City Attorney From: Bob Murray, Project Engineer ~/t'1 Re: WWTP Re-roofing Project Executed Contract Documents Attached are seven (3) original signature copies of the executed contract documents and a completed Construction Contract Documents Review Checklist for the above-referenced project for your reVIew. The documents appear to be in order. Please review the documents at your earliest convenience and upon your concurrence I recommend the documents be presented to the City Manager for his signature. The Clerk of Commission should retain one copy of the fully executed documents and the remaining copies should be returned to this office immediately for filing and distribution to the Contractor. Let me know if you have any questions. cc: Chris Kukulski, City Manager Debra H. Arkell, DPS Brit Fontenot, Clerk of Commission ERF Project File HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK ENGINEERING DIVISION CONSTRUCTION CONTACT DOCUlVIENTS REVIEV\' CHECKLIST Checklist: Notice of Award: 15 Issued within 60 days unless bid peri 0 extended in writing Biel Opening date: rl Bid Expiration clate: Bid Form: 'f- Copy of original executed Bid Form included, or _ new executed copy matches original bid Agreement: ~ MPW Standard form 1i:. All information is complete and accurate -'t. Contract amount matches bid amount -A Properly signed Payment Bond: l\:IP\Y Form, or K- Surrogate Form provided appears adequate M. Correct amount (100% of bid amount) '< City named O\vner '::& Form un-date (ra be elated upon execution by Owner) Performance Dond: lvlP\V Form, or ~ Surrogate Form provided appears adequate ~ Correct amount (100% of bid amount) .:i2 City named owner 't- Form un-date (to be dated upon execution by Owner) ,,~' Power of Attorney: ~ Form provided and executed Certificates of Insurance: j;., Correct Amounts ~ City Named as Certificate Holder )(, City Named as Additional Insured i'. 45 day cancellation3~Je _ ExpnatlOl1 date 1S Other Special Submittals Required by Contract Documents (list): (!:\fll~illeerillgl/or/lls\I)II1"kkrecllt('d cnnst COlltr(lctS chklist./IIrg I I I I Bozeman Waste Water - Treatment Facility IRe-Roof I Bozeman, Montana I I PROJECT MANUAL 02.09.07 I I I ) \~ ~'..-;'..'_,...",.,.-.;,,_. ,',:; tinlnlL __""':, n , J;f,.,~.1 " I I I I I I I I I I I I I I I I I I I PROJECT MANUAL February 9, 1007 . BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF BOZEMAN, MONTANA BID SET OWNER The City of Bozeman Bozeman, Montana II gn!-:ll~e~ 101 a ma.n I 5DUClIO one I Dozeman mD 69716 I I I I I I I I I I I I I I I I I I I CONSULTANTS ARCHITECT Ii ~!!l~B~lll~ 101 East Main St., Studio One Bozeman, Montana 59715 (406) 586-7020 FAX (406) 586-8470 Attn: BILL HANSON I I I I I I I I I I I I I I I I I I I BOZEMAN W ASTE WATER TREATMENT FACILITY RE-ROOF The Contract Documents, Specifications and Drawings, have been reviewed by ThinkOne as to conformance with accepted construction practice and to applicable codes and regulations involving public safety. I I I I I I I I I I I I I I I I I I I BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF TABLE OF CONTENTS GENERAL CONDITIONS ADVERTISEMENT FOR BIDS INSTRUCTIONS TO BIDDERS PROPOSAL-GENERAL CONTRACT AIA DOCUMENT A201-1997 - GENERAL CONDITIONS OF TIIE CONTRACT FOR CONSTRUCTION SUPPLEMENTARY GENERAL CONDITIONS AGREEMENT FORM BETWEEN OWNER AND CONTRACTOR MONTANA WAGE RATES DIVISION 1 ~ GENERAL REQUIREMENTS 01100 SUMMARY 01140 WORK RESTRICTIONS 01250 CONTRACT MODIFICATION PROCEDURES 01290 PAYMENT PROCEDURES 01310 PROJECT MANAGEMENT AND COORDINATION 01320 CONSTRUCTION PROGRESS DOCUMENTATION 01330 SUBMITTAL PROCEDURES 01400 QUALITY REQUIREMENTS 01700 EXECUTION REQUIREMENTS 01731 CUTTING AND PATCHING 01732 SELECTIVE DEMOLITION 01770 CLOSEOUT PROCEDURES DIVISION 6 - WOOD AND PLASTICS 06100 ROUGH CARPENTRY DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07531 TPO SINGLE-PLY MEMBRANE ROOFING 07620 SHEET METAL FLASHING AND TRIM 07920 JOINT SEALANTS I I I I I I I I I I I I I I I I I I I BOZEMAN WASTE WATER TREA TMENT FACILITY RE-ROOF ADVERTISEMENT FOR BIDS Notice is hereby given that sealed Bids for the Bozeman Waste Water Treatment Facility Re- Roof will be rec;:eived by the Clerk of Commission at the office of the Clerk of Commission, 411 East Main Street, Bozeman, Montana, 59715 until 2:00 pm, Tuesday, March 13,2007 at which time they will be publicly opened and read aloud. Bids shall be submitted on forms provided with the Contract Documents. Contract Documents may be obtained from the office of ThinkOne, 101 E. Main St., Studio One, Bozeman, MT 59715 Ph: (406) 586-7020 Fax: (406) 586-8470. A pre-bid conference has been scheduled for 10:00 am, Wednesday, February 28, 2007. Please meet at the project site located at 255 Moss Bridge Road, Bozeman, MT. Attendance at the pre-bid conference is not mandatory, however, it is strongly suggested in order to familiarize you with the project site and existing conditions. Bids shall be accompanied by an acceptable form (a bond, lawful US money, cashiers check, bank money order, or bank draft) of Bid Guaranty in an amount equal to 10 percent (10%) of the proposal. The successful Bidder will furnish acceptable Performance and Labor and Material Payment Bonds in amounts of 100 percent (100%) of the Contract sum, within ten (10) days after the award of the Contract. Each prime bidder or subcontractor shall register with the State of Montana within 10 days after the A ward of Contract. The Contractor and all subcontractors shall comply with all state and fed end fair labor practices. All contractors and subcontractors must pay all workers performing labor on this project the Montana prevailing wage rates for District 6 for all construction contracts over $25,000. No bidder may withdraw his bid for at least thirty (30) days after the scheduled time for receipt of bids, except as noted in the Information for Biddets. The City of Bozeman, hereinafter called the Owner, reserveS the right to reject any or all bids and to waive any fonnality or technicality in any proposal in the interest of the Owner. Brit Fontenot Clerk of Commission 411 East Main Street Bozeman, Montana 59715 ADVERTISEMENT FOR BIDS AB -1 I I I I I I I I I I I I I I I I I I I BOZEMAN WASTE WATER TREATMENT F AClLlTY RE-ROOF INSTRUCTIONS TO BIDDERS Proposals must be made in accordance with these Instructions to Bidders. 1. DOCUMENTS: Bona fide bidders may obtain Drawings and Specifications from the Architect: THINKONE 101 E. Main St., Studio One Bozeman, Montal'la 59715 Phone: (406) 586.7020 Fax: (406) 586-8470 Drawings and Specifications will be on file at the following: Builders Exchange 1105 Reeves Road, Ste 800 Bozeman, Montana 59718.7725 Phone: (406) 586-7653 Fax: (406) 586-4062 Missoula Plan Exchange 201 North Russell Missoula, MT 59801 Phone: (406) 549-5002 Fax: (406) 721.2941 City of Bozeman 20 East Olive P.O. Box 1230 Bozeman, Montana 59771-1230 Phone: (406) 582-2260 Fax: (406) 582-2263 Billings Builders Exchange 2050 Broadwater Billings, Montana 59102 Phone: (406) 652-1311 F<\X: (406) 652-1391 Fax Butte Builders Exchange 305 West Mercury Ste 401 Butte, Montana 59701 Phone: (406) 782-5433 Fax: (406) 782-5433 2. EXAMINATION: Bidders shall carefully examine the documents and the construction site to obtain first hanq knowledge of existing conditions. Contractors will not be given extra payments for conditions which can be determined by examining the site and documents. 3. QUESTIONS: Submit all questions about the Drawings and Specifications to the Architect. Replies will be issued to all prime bidders of record as Addenda to the Drawings and Specifications and will become part of the Contract. The Architect and the Owner will not be responsible for, nor can they give oral clarification. Questions received less than 96 hours before the bid opening may be clarified via Facsimile transmission if determined necessary by the Architect. During the time period between the Bid Opening and Bid Award, Architect may only make representations specifically authorized by Owner. IB - 1 BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF I I I I I I I I I I I I I I I I I I I 4. SUBSTITUTIONS: In order to establish a basis of quality, c~rtain materials or articles are specified by designating one or more manufacturer's names, brands or numbers. It is not the intent of the Specifications to exclude other materials or articles that measure up to the standard of those specified. Where equipment, materials, or articles are referred to in the Specifications, Contractor shall furnish to the Architect for his approval the name of the manufacturer of the material which he contemplates incorporating into the work, together with their performance capacities, physical size and characteristics and other pertinent information. Due to the need of effective prosecution and completion of the work, it is required that the Contractor submit to the Architect, within a period of twenty (20) calendar days after Notice to Proceed, all requests for approval of substitutions. After expiration of considered, and specified materials shall be installed as specified. Subsequent rejection by the Architect of an installation without approved substitutions shall be at the risk of the Contractor. 5. BASIS OF BIDS: The Bidder must include pricing for all buildings shown on the Proposal forms; failure to comply may be cause for rejyction. The Owner maintains the right to eliminate any of these buildings from the scope of the contract. 6. PROPOSALS: Owner invites following proposals: General Contract. The bidder shall submit his proposal on the forms bound in these Contract Documents. Neither the proposal nor any other pages bound herein or attached hereto shall be detached. The blank spaces in the form, if any, must be filled in correctly for each item. Bidder must state the prices in words and in figures for each building to be re-roofed, as indicated. All bid proposals must be totaled, and in cases of errors or discrepancies the prices written in words shall govern. Any information written in areas outside the blank spaces will not be considered and may cause the entire bid to be rejected. Any bid not displaying the above information will be considered incomplete and may not be read. Where bidder is a corporation, bid proposals must be signed with the legal name of the corporation followed by the name of the state of incorporation and the legal signature of an officer authorized to bind the corporation to a contract. Envelopes and Bid shall include the Contractor's Montana State Contractor's Registration Number. Bids shall be received no later than 2 pm, TueSday, March 13,2007. Address the opaque sealed envelope: To: City Clerk of Commission 411 East Main Street Bozeman, Montana 59715 Project: Bozeman Waste Water Tre~tment Facility Re-Roof Bozeman, Montana From: Contractor's Name IB - 2 I I I I I I I I I I I I I I I I I I I 9. BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF 7. BID SECURITY: Bid security shall be made payable to City of Bozeman, in the amount of 10% of the Proposal Sum. Bid Security niay be one of the following: A. Lawful moneys of the United States, or B. Cashier's check, certified check, bank money order, or bank draft made payable or endorsed to the Owner, in any case drawn and issued by a national banking association located in the State of Montana, or by any banking corporation incorporated under the laws of the State of Montana, or C. A bid bond or bonds executed by a surety corporation authorized to do business in the State of Montana. D. The successful Bidder's security will be retained until he has signed the Contract and furnished the required Performance and Labor and Material Payment Bonds. The Owner reserves the right to retain the security of the next three lowest Bidders until the low Bidder enters into contract or until 30 days after bid opening, whichever is shorter. All other bid security will be returned as soon as practicable. If any bidder refuses to enter into a Contract within 10 days, the Owner will retain his Bid Security as liquidated damages, but not as a penalty. 8. MODIFICATION AND WITHDRAWAL OF BIDS: Proposals may not be modified after submittal, except as herein after provided. Bidders may withdraw Proposals at any time before bid opening, but may not re-submit them. No proposal may be withdrawn or modified after the bid opening except where the award of Contract has been delayed for 30 days. Bidder may modify his bid by facsimile communication at any time prior to the scheduled closing time for receipt of bids, provided such communication is received by the Owner prior to the closing time, and provided further, the Owner receives a written confirmation of the modification with the signature of the Bidder one day prior to the closing time of the bid. QUALIFICATIONS: The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids will not be accepted. 10. DISQUALIFICATION: The Owner reserves the right to disqualify Proposals, before or after opening, upon evidence of collusion with intent to defraud or other practices upon the part of the Bidder. 11. OPENING: Proposals will be opened as announced in the Invitation to Bid. IB - 3 12. ~ BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF I I I I I I I I I I I I I I I I I I I A WARD OR REJECTIQN OF BIDS: The contract will be awarded to the lowest responsible bidder, including full consideration of any alternates. Owner reserves the right to reject any and all bids and to waive any informality or irregularity in any bid received. The lowest responsible bidder shall be determined on the basis of the lowest Base Bid or the lowest combination of Base Bid and Alternate Bids, if Alternate Bids are included. The Owner shall award such contract to the lowest responsible bidder in accordance with the applicable resident bidding statutes of the State of Montana. The selection of contractor and award of bids is subject to ratification of the City Commission. Bidder agrees if, within twenty~four hours after the bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner, that a material and substantial mistake in the preparation of the bid was made, the Owner may allow the Bidder to withdraw its bid and the Bid Security will be returned. Thereafter that Bidder will be disqualified from further bidding on the work provided hereunder. Failure to claim a mistake as set forth herein shall constitute a waiver to assert the mistake at a later time. 13. EXECUTION OF CONTRACT: The City of Bozeman Agreement Form, provided herein, will be used as the contracting instrument. The contract form shall be signed by the proper representative of the contracting firm. 14. PERFORMANCE. LABOR AND MA TERlAL PAYMENT SECURITY: The Owner shall require the successful contractor to furnish a Performance Bond in the amount of 100% of the contract price as security for the faithful performance of his contract. The Owner shall require the successful contractor to furnish a Labor and Material Payment Bond in the amount of 100% of the contract price as security for the payment of all persons performing labor and furnishing materials in connection therewith. The Owner shall retain such security for a time period of up to twelve months after completion and acceptance of the Project by the Owner. 15. CERTIFICATE OF INSURANCE: Certificates of Insurance, for the limits described elsewhere in these Contract Documents, will be required to be submitted to the Architect and Owner prior to the issuance of the Notice to Proceed. IB - 4 I I I I I I I I I I I I I I I I I I I BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF 16. POWER OF ATTORNEY: Attorneys-in~fact who sign contract bonds must file with each bond a certified and effectively dated copy oftheir power of attorney: One original copy shall be furnished with each set of bonds. Others furnished with a set of bonds may be copies of that original. Attorneys-in-fact who have their current Power of Attorney on file with the State Auditor do not need to submit these copies with contract bonds. 17. LAWS AND REGULATIONS: The bidder's attention is directed to the fact that all applicable federal and state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the project shall apply to the contract throughout and will be deemed to be included in this contract the same as though herein written in full. 1. All Contractors and Subcontractors perfonning work on this project must have a City of Bozeman Business license. 18. CONDITIONS OF WORK: Each bidder must infonn himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all materials and labor necessary to carry out the provisions of his contract. 19. INTERPRETATION OF CONTRACT DOCUMENTS: Bidder shall promptly notify the Architect of any ambiguity, inconsistency, or error which they may discover upon examination of the Contract Documents or of the site and IQcal conditions. 20. ASBESTOS: 1. The existing roof products within the scope of this project contain asbestos. The Contractor shall abllte and dispose of the material as Class II asbestos work unqer the OSHA Construction Standards. I 2. All materials, products, or equipment used for the construction of this work shall be totally free of asbestos. The Contractor shall certify in writing at completion of the work that all materials, products, and equipment installed do not contain asbestos. It will be the Contractor's responsibility to ascertain from manufacturers, suppliers, and subcontractors that all materials, products, and equipment used are asbestos free. 21. COMPLETION OF WORK Work on this contract shall commence within 30 calendar days of the Notice to Proceed. IB - 5 I I I I I I I I- I I I I I I I I I I I --- BOZEJ.MN WASlE WATER TREATMENT FACILITY lffi..ROOF PROPOSAL-GENERAL CONTRACT Bozeman Waste Water Treatment Facility Re--Roof Bozemant Montana . . City of Bozeman . 20 East Olive P.O. Box 1230 Boz~man. Montana. 59771-1230 Dear Sirs: Th~ undersign.ed; havin~ famili~d' himsel{~th the conditions of the work and the Co~tr~ . Documents as prepared by THINKONE, 101 E~ Main St., Studio One, Bozeman, MT 59715 .' (406) 586-7020, agrees to furnish all tabor. equipment, materials and services necessarY to com~lete th~ work cove~ by the plans an~ specifications and Contr.act Documents. . . 1t is the intent .of the City of Bozeman to re-roof Seven (7) b~ldings at the, Waste Water" .. Treatment Plant. Furth~ore. the City'maintains the right. to eliminate any of these buildings, from. the scope of this contract. ,. . , ' . BASE BID: . . Provide all neces~ labor ~d materials required to complete the Work according to the plans and specifiCations as described herem. Provide lump sum pricing for each of the following buildings:' , . . 1. .. Lift Station No. 2Hfken +hOUSatld..- OAlt hfJl1tlred. ~ DqU.:'ARSSJ5)30.0D,. ..... '.... .' '. ",.' . 2. . Floatation llickeiier BuildingThir-fJ bfV6-thOLt'McC5e>>en h~ DOLLARS s31} 7fO. 00.. '. . .. ..,., . 3. Lift Station No. I -ri>>eIVe.r.IhOUswJv O~ hfJYJdJeAsVI) DOLLARS $/a) I~,n. 00" . . .' 4.. ... Recycle Slodge ~uilding /I!i~ -lhousaJtL1iJveeA1LUJC1rerl +DffU DOLLARSSCjp'lO,DO.,' J 5. . Mainll:nance Building T ~ +hol.!.~ 1m -- - DOLLARSsgqOJaro. . PROPOSAL P ~ 1 I I I I I I I ,'" I I I I I I I I I I I I '. , "BoZEMAN WASTE W AT. , ' ,',' TREATMENT FACILITY RE-RO ' , 6., ,scUm~it~uil~g Four -/houY1n~+hlJ.,Y HUVlt/Jr(c( DOLLARS $ ~ 4[(); 00_ '7. Pretreatment Building MNe)o.vl.l-h~-+h iriJ0v)dte~-twiI. ,DOLLARS $J~3~O. til ' " ' - Tbis bidder acknowledges receipt of the following: , ADDENnUMNO. 'J DATFD 3-fo/D1 DATED , ADDENDUM NO. APDENDUM NO. , , DATED , , " And~,ce~fies that'he i~ a duly and registered Mon~ Contractor, ," ,cgf9~' , , , Number " " 'Class ' , ' .... . .. :M~IWl)rISS 0fMDrrftu1~6 dho...:. FlRMN~ ..HISS~htRk~J a~~j BY: ~rt, Gcx-dOh Pre.rid.r2Kt . ' ...;~~~.. BtJS~SSADDRESS; A,O. 8ox: 10 , ,',,", MiSSoWDt;MT ~?~Of.o ..: "TELEPHO~NUMBER: 'LjOb 1fAr-- Jfo~ 0 .. STATE OF INCORPORATION: 1offfaY}~ . SEAL: : , PROPOSAL p. ~.', -...- -, '." '.~ ~ -..)- I I I I I I I I I I I I I I I I I 1997 EDITION AlA DOCUMENT A201-1997 General Conditions of the Contract for Construction TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. OWNE R 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTRACT 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 B. M!SCElLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT CAUTION, You shollld lIS(' un origill/d iliA document with the AlA logo printed ill red. An original assures thaI dUl11gcs will not he ohsmrcd as may ocellr whell dOCIIl11e/1lS arc reproduced. Copyrighl191l. ;915, 1918. i925, 1937, 1951, 1958, 1961, 1963, 1966, 1967,1970,1976,1987, CD1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of ih provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNINc;, Unlicensed photocopying IIlolates U,S. copyrl,;tht laws and will sublect the IIlolator tll le!!al orosecution. This document has impor- tant legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document has been approved and endorsed by The Associated General Contractors of America. @1997 AIA@ AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute 01 Architects 1735 New York Avenue, N.W. Washington, D_C. 20006-5292 . Rill' ~. .0 o. .0 o. ~~.o O'O::;fS~ c==:J (l1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION I The American Institute of Architects 1735 New York Avenue, N.W. Washington. D.C. 20006-5292 INDEX Acceptance of Nonconforming Work 9.6.6,9.9.3,12.3 Acceptance of Work 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 4.2.3, 10 Acts and Omissions 3.2,3.3.2,3.12.8, 3.18, 4.2.3, 4.3.8, 4-4-1, 8.3.1, 9.5.1, 10.2.5,13.4.2,13.7,14.1 Addenda 1.1.1, 3.11 Additional Costs, Claims for 4.3.4,4.3.5,4.3.6,6.1.1,10.3 Additional Inspections and Testing 9.8.3,12.2.1,13.5 Additional Time, Claims for 4.3.4,4.3.7, 8.3.2 ADMINISTRATION OF THE CONTRACT 3.1.3,4,9-4,9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13,4.5.1 Allowances ;u AlI~risk Insurance 11.4.1.1 Applications for Payment 4.2.5,7.3.8,9.2,93,9.4,9.5.1,9.6.3,9.7.1,9.8.5, 9.10, 11.1.3, 14.2-4, 1443 Approvals 2-4,3.1.3,3.5,3.10.2,3.12,4.2.7,9.3.2,13.4.2,13.5 Arbitration 4.3.3,4.4,4.5.1,4.5.2,4.6, 8.3.1,9.7-1,11.4.9, 11.4.10 Architect 4.1 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.4, 3.12.7,4.2,4.3.6,4.4,5.2,6.3,7.1.2,7.3.6,7-4, 9.2,9.3.1,9.4,9.5,9.8.3,9.10.1,9.10.3,12.1,12.2.1, 13.5.1,13.5.2, 14.2.2, 14.2.4 Architect, Limitations of Authority and Responsibilit y 2.1.1, 3.3.3, 3.12-4, 3.12.8, 3.12.10, 4.1.2,4.2.1, 4.2.2, 4.2.3,4.2.6,4.2.7, 4.2.10,4.2.12,4.2.13,4-4, 5.2.1, 7-4,9.4.2,9.6.4,9.6.6 Architect's Additional Services and Expenses 2.4,11-4.1.1,12.2.1, 13.5.2, 13.5.3, 14.2.4 Architect's Administration of the Contract 3.1.3,4.2,4.3-4, 4.4,9-4,9.5 Architect's Approvals 2.4,3.1.3,3.5.1,3.10.2,4.2.7 I I Architect's Authority to Reject Work 3.5.1,4.2.6,12.1.2, 12.2.1 Architect's Copyright 1.6 Architect's Decisions 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, 4.3.4, 4.4.1, 4.4.5, 4.4.6,4.5,6.3,7.3.6,7.3.8,8.1.3, 8.3.1, 9.2, 9.4,9.5.1, 9.8.4, 9.9.1, 13.5-2, 14.2.2,14.2-4 Architect's Inspections 4.2.2,4.2.9,4.3.4,9-4.2,9.8.3,9.9.2,9.10.1,13.5 Architect's Instructions 3.2.3,3.3.1,4.2.6,4.2.7,4.2.8,7.4.1,12.1, 13.5.2 Architect's Interpretations 4.2.11, 4.2.12, 4.3.6 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor 1.1.2, 1.6, 3.1.3, 3.2.1, 3.2.2, 3.2.3, 3.3.1, 3.4.2, 3.5.1, 3.7.3,3.10,3.11,3.12,3.16,3.18,4.1.2,4.1.3,4.2,4.3-4, 4-4-1,4.4.7,5.2,6.2.2,7,8.3.1,9.2,9.3,9-4,9.5,9.7, 9.8,9.9,10.2.6,10.3,11.3,11.4.7,12,13.4.2, 13.5 Architect's Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.4.7 Architect's Representations 9.4.2,9.5.1,9.10.1 Architect's Site Visits 4.2.2,4.2.5,4.2.9, 4.3.4, 9.4~2, 9.5.1. 9.9.2, 9.lO.1, 13.5 Asbestos lO.3.1 Attorneys' Fees 3.18.1, 9.lO.2, 10.3.3 Award of Separate Contracts " 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1,1.1.7,5.2.1, U.5.1 Boiler and Machinery Insurance 11.4.2 Bonds, Lien 9.lO.2 Bonds, Performance, and Payment 7.3.6.4,9.6.7,9.10.3,11.4.9,11.5 Building Permit 3.7.1 Capitalization 13 Certificate of Substantial Completion 9.8.3,9.8.4,9.8.5 Certificates for Payment 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6, 9.7-1. 9.10.1, 9.10.3, J3.7, 14.1.1.3, 14.2.4 I I I I I I I I I I I I I I I I I I WARNlf~G: Unlicensed photocopvln!! violat". U-5. coDvri..ht lAW' And will ."hl"f' .h" vlnl"'nr'n 1...,,,1 nrn...."tlnn I I I I I I I~ I I I I I I' I, I, I' I' I I Certificates of Inspection, Testing or Approval ]).5.4 Certificates of Insurance 9.10.2, ]].1.) Change Orders ].1.], 2.4.], ).4.2, ).8.2.), ).]].], ).]2.8, 4.2.8, 4.).4, 4:).9,5.2.),7.1,7.2,7.),8.).1,9.).1.1,9.10.),11.4.1.2, 11.4.4,11.4.9,12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 3.]], 4.2.8,7, 8.).1, 9.3.].], 11.4.9 Claim, Definition of 43.1 Claims and Dispute~ ,3.2.3iU,44,-4fS, 4:6, 6.1.1, 6.3,7.3.8, 9.3.319.i~H, "~:,lO;3.3" '7':':;,1;0" 't ' '''. " .q~i~~f~.3imlr~ssertion O,:::c;laims qaimsi!forAddi~(maI Cost ',' , " ,',.. 3.2,,3, 4,3,4, 4~.5,4.3.6, 6.1.~, h:s,io.).:i ,,' Claims for Additional Time' ' "" 3.2:3,4-).4,43.7,6.1.1, 8.3.2, ]0.3.2 Claims for Concealed or Unknown Conditions, . 43.4 0 Claims for Damages ". .i.- ", ",0'".,1'.' ).2}, 3.]8, 4.>1O,.6,l.l,8.~.3, 9.5.], 9.6.7, ]0,3,3, 11.1:,1,11-4.5, 11.+7i;i4.~.3jI4.2;+ 'J.' ,d~:ims S~Bje~t to A:tbitraiion ,f" , 4.4.], 4,5.], 4.6.1. .' .. Cleaning Up - a.1S, 6.3 _, .~' :."'. CommencementdfS1atutOrY Limitatio~ Period' 13.7 Commencement of the Work, Conditions Relating to 2.2.1, ).2.1, )41, 3.7.1, 3.10.1, 3.12.6, 4.).5, 5.2.1, 5.2.3,6.2.2,8.1.2,8.2.2,8.3.1, 11.1, 11.4.1, 11.4.6, 11,,5.1 Commencement of the Work, Definition of 8.1.2 Communications Facilitating Contract Administration 3.9.1,4.2.4 Completion, Conditions Relating to 1.6.1,3.4.1,3.]],3.15,4.2.2,4.2.9,8.2,9.4.2,9.8, 9.9.],9.10,12.2,13),14.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3. 9.1042,12.2,13.7 Compliance with Laws 1.6.1,3.2.2,3.6,3.7,3.]2.10,3.13,4.1.1,4.4.8,4.6.4, 4.6.6,9.6.4,10.2.2,11.1,11.4,13.1,13413.5.1, 13.5.2,13.6,14.1.1, ]4.2.1.3 Cuncealed or Unknown Conditions 4.).4, 8.3.1, 10.) Conditions of the Contract 1.1.1, l.J.7, 6.1.1, 6.1.4 Consent, Written 1.6,342, 3-12.8, 3.14.2, 4.1.2, 4.3.4, 4.6.4, 9.3.2, 9.8.5,9.9.1,9.10.2,9.10.3,11.4.1,13.2,13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.l.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.U, 3.12.8, 4.2.8, 4.3.9, 7.1, 73, 9.3.1.1 Construction Schedules, Contractor's l.4.1.2, 3.10, 3.12.1, 3.12.2, 4.3.7.2, 6.1.3 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 433 Contract, Definition of 1.1.2 CONTRACT. TERMINATION OR SUSPENSION OF THE 541.1, 11.4.9,14 Contract Administration 3.1.3,4,9.4,9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1, n.1.3, 1146, n.5.1 .Contract Documents, The , 'j' 1.1, 1.2 Contract Documents, Copies Furnished and Use of 1.6,2.2.5, 5.3 Contract Documents, Definition of Ij.l Contract Sum ).8,4.3.4,4.3.5,4.4.5,5-2.3,7.2,7.3,7.4,9.1,942, 9.5.l.4, 9.6.7, 9.7, 10.3.2, 11.4.1, 14.2-4, 14.3.2 Contract Sum, Definition of 9.1 Contract Time 4.3.4,4.3.7,4.4.5, 5.2.3,7.2.1.3,7.3,7.4, 8.u, 8.2, 8.3.1,9.5.1,9.7,10.3.2, 12.u, 14.3.2 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor's Construction Schedules 1.4.1.2,3.10,3.12.1,3.12.2,4.3.7.2,6.1.3 Contractor's Employees 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6,10.2,10.3, 11.1.1,11.4.7,14.1,14-2.1.1, Contractor's Liability Insurance 11.1 I . ~o~~ o"a:::J::;.'-a~ c::::::J @1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington. D.C. 20006.5292 I ~ alii "'" D O. .0 04.-"'.-0 o o:::fj "" [==:J tl1997 AIA@ AlA DOCUMENT A201.1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION I The American Institute of Architects 1735 New York Avenue, N.W. Washington. D.C. 20006-5292 Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5,3.14.2,4.2.4,6, 11.4.7. 12.1.2, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2,3.3.2,3.18.1,3.18.2,5,9.6.2,9.6.7,9.10.2, 11.4.1.2, n.4.7, 11.4.8 Contractor's Relationship with the Architect 1.1.2.1.6,3.1.3,3.2.1,3.2.2, 3.2.3,3.3.1,3.4.2,3.5.1, 3.7.3,3.10, 3.B, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 4.2, 4.3-4. 4-4.1,4-4-7,5.2,6.2.2,7,8.3.1,9.2,9.3,9-4. .5,9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 11.4.7, 12, 13-4.2, 13.5 Contractor's Representations 1.5.2,3.5.1, ]:.12.6, 6.2.2, 8.2.1,9.3.3,9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2,3.18,4.2.3,4.3.8,5.3.1,6.1.3,6.2.6.3,9.5.1,10 Contractor's Review of Contract Documents 1.5.2.3.2.3.7.3 Contractor's Right to Stop the Work 9.7 Contractor's Right to Terminate the Contract 4.3.10, 14.1 Contractor's Submittals 3.10, 3.n, 3.12,4.2.7, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3, 9.8.2,9.8.3,9.9.1,9.10,2.9.10.3. B.I.3, 11.5.2 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,4-3.3.6.1.3,6.2.4, 7.1.3,7.3-4,7.3.6,8.2,10,12,14 Contractual Liability Insurance B.1.1.8, n.2, n.3 Coordination and Correlation 1.2,1.5.2,3.3.1,3.10,3.12.6,6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.6,2.2.5,3.n Copyrights 1.6. 3.17 Correction of Work 2.3, 2.4,3.7.4,4.2.1,9-4.2,9.8.2.9.8.3.9.9.1,12.1.2, 12.2,13.7.1.3 Correlation and Intent of the Contract Documents 1.2 Cost. Definition of 7.3.6 Costs 2-4,3.2.3,3.7-4. 3.8.2,3.15-2.4.3,5-4.2,6.1.1,6.2.3, 7.3.3.3.7.3.6,7.3.7.7.3.8,9.10.2,10.3.2,10.5,11.3, 11.4,12.1,12.2.1,12.2.4.13.5,14 Cutting and Patching 6.2.5,3.14 Damage to Construction of Owner or Separate Contractors 3.14.2,6.2-4,9.2.1.5, 10.2.1.2, 10.2.5, 10.6, 11.1. 11.4, 12.2-4 Damage to the Work 3.14.2,9.9.1,10.2.1.2,10.2.5,10.6.11.4,12.2.4 I I Damages, Claims for P.3, 3.18, 4.3.10, 6.1.1, 8.3-3, 9.5.1. 9.6.7, 10.3.3, 11.1.1, 1l.4.5, 11-4-7, 14.1.3, 14.2.4 Damages for Delay 6.1.1, 8.}.3, 9.5.1.6, 9.7, lO.p Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1-4 Decisions of the Architect 4.2.6,4.2.7, 4.2.B, 4.2.12, 4.2.13, 4.3.4> 4.4,1, 4.4.5, 4-4.6,4.5,6.3,7.3.6.7.3.8,8.1.3,8.3.1,9.2,9.4.9.5.1, 9.8.4,9.9.1,13.5.2,14.2.2,14.2.4 Decisions to Withhold Certification 9.4.1,9.5,9.7,14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.3,2.4,3.5.1,4.2.6,6.2.5,9.5.1.9.5.2.9.6.6,9.8.2. 9.9.3,9.10.4,12.2.1,13.7.1.3 Defective Work, Definition of 3.5.1 Definitions l.l, 2.1.1, 3.1, 3.5.1, 3.12.1, 3.12.2, 3.12.3. 4.1.1. 4.3.1, 5.1. 6.1.2,7.2.1,7.3.1,7.3.6, 8.1,9.1,9.8.1 Delays and Extensions of Time 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5-2.3,7.2.1,7.3.1,7.4.1, 7.5.1,8.3,9.5.1,9.7.1,10.3.2, lC.t6.1, 14.3.2 Disputes 4.1.4,4.3,4.4,4.5,4.6,6.3.7.3.8 Documents and Samples at the Site 3.n Drawings. Definition of 1.l.5 Drawings and Specifications, Use and Ownership of 1.1.1,1.3, 2.2.5.3.n. 5.3 Effective Date of Insurance 8.2.2, n.1.2 Emergencies 4.3.5,10.6,14.1.1.2 Employees, Contractor's 3.3.2.3-4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2,10.3, 11.1.1,11.4.7,14.1,14.2.1.1 Equipment. Labor, Materials and 1.1.3.1.1.6,3.4,3.5.1,3.8.2,3.8.3, 3.12. 3.13, 3.15.1, 4.2.6,4.2.7,5.2.1,6.2.1,7.3.11,9.3.2,9.3.3,9.5.1.3, 9.10.2,10.2.1.10.2.4.14.2.1.2 Execution and Progress of the Work 1.1.3,1.2.1,1.2.2,2.2.3,2.2.5,3.1.3.3,3.4. 3.5.3.7, 3.]0,3.12,3.14,4.2.2,4.2.3,4.3.3,6.2.2, 7.1.3,7.3.4, 8.2.9.5,9-9.1, 10.2, 10.3, 12.2, 14.2, 14.3 Extensions of Time 3.2.3,4.3.1,4.3-4,4.3.7,4-4.5,5.2.3,7-2.1,7.3,7.4.1, 9.5.1,9.7.1,10.3.2,10.6.], ]4.3.2 Failure of Payment 4.3.6,.9.5.1.3,9.7,9.10.2,14.1.1.3.14.2.1.2, ]3.6 I I I I I I I I I I I I I I I I I I I I' I I I' I' ,~ I , I , I: I~ I" I.. I Ii I. I; Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1,4.2.9,4.3.2,9.8.2,9.10,11.1.2,11.1.3,11.4.1, 11.4.5,12.3.1,13-7, 14.2.4, 14.4.3 Financial Arrangements, Owner's 2.2.1,13.2.2,14-1.1.5 Fire and Extended Coverage Insurance 1104 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials 10.2.4,103,10.5 Identification of Contract Documents 1.5.1 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17,3.18,9.10.2,10.3.3,10.5,11.4.1.2,11.4.7 Information and Services Required of the Owner 2.1.2,2.2,3.2.1,3.1204,3.12.10,4.2.7,4.3.3,6.1.3, 6.1.4,6.2.5,9.3.2,9.6.1,9.6.4,9.9.2,9.10.3,10.3.3, 11.2,11.4,13.5.1,13.5.2,14.1.1.4,14.1.4 Injury or Damage to Person or Property 43.8, 10.2, 10.6 Inspections 3.1.3,3.3.3,3.7.1,4.2.2,4.2.6,4.2.9,9.4.2,9.8.2, 9.8.3,9.9.2,9.10.1,12.2.1,13.5 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.3,3.3.1,3.8.1,4.2.8,5.2.1,7,12,8.2.2,13.5.2 Insurance 3.18.1,6.1.1,7.3.6,8.2.1,9.3.2,9.8.4,9.9.1,9.10.2, ~;uO.5, 11 Insurance, Boiler and Machinery 11.4.2 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2,11.1.2 Insurance, Loss of Use 11.4.3 Insurance, Owner's Liability !1.2 Insurance, Project Management Protective Liability 11.3 Insurance, Property 10.2.5, 11,4 Insurance, Stored Materials 9.3.2,11.4.1.4 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1,11-4-1.5 Insurance Companies, Settlement with 11.4.10 Intent of the Contract Documents 1.2.1,4.2.7,4.2.12,4.2.13,7-4 In terest 13.6 Interpretation 1.2.3,1.4, 4.1.1, 4.).1, 5.1, 6.1.2, 8.1.4 Interpretations, Written 4.2.11, 4-2.12, 4.3.6 Joinder and Consolidation of Claims Required 4.6.4 Judgment on Final Award 4.6.6 Labor and Materials, Equipment 1.1.3, 1.1.6,3.4,3.5.1,3.8.2, ),8.3, 3.12, 3.13, 3.15.1, 42.6,4.2.7,5.2.1,6.2.1,7.3.6,9.3.2,9.3.3,9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.6,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,404.8,4.6, 9.6.4,9.9.1,10.2.2,11.1,11.4,13.1,13.4, 13.5.1, 13.5.2, 13.6,14 Liens 2.1.2, 404.8, 8.2.2,9.3.3,9.10 Limitation on Consolidation or Joinder 4.6.4 Limitations, Statutes of 4.6.3, 12.2.6,13.7 Limitations of Liability 2.3,3.2.1,3.5.1,3.7.3,3.12.8,3.12.10,3.17,3.18,4.2.6, 4.2.7,4.2.12,6.2.2,9.4.2,9.6.4,9.6.7,9.10.4,10.3.3, 10.2.5,11.1.2,11.2.1,11.4-7,12.2.5, 13-4-2 Limitations of Time 2.1.2,2.2,2.4,3.2.1,3.7.3,3.10,3.11,3.12.5,3.15.1, 4.2.7,4.3,4.4,4.5,4.6,5.2,5.3, SA, 6.204, 7.3, 7.4, 8.2,9.2,9.3.1,9.3-3,9.4.1,9.5,9.6,9.7,9.8,9.9, 9.10,11.1.3,11.4.1.5,11.4.6,11.4.10,12.2,13.5,13.7,14 Loss of Use Insurance 11.4.3 Material Suppliers 1.6,3.12.1,4.2.4,4.2.6,5.2.1,9.3,9.4.2,9.6,9.10.5 Materials, Hazardous 10.2.4, JO.3, 10.5 Materials, Labor, Equipment and 1.i.3, 1.1.6, Ui.1, 3-4, 3.5.1, 3.8.l, 3.8.l3, .1.12, 3.ij, 3.15.1,4.2.6,4.2.7, p.l, 6.2.1,7.3.6,9.3.2,9.3.3, 9.5.1.3,9.10.2,10.2.1,10.2.4,14.2.1.2 Means, Methods, lechniques, Sequences and Procedures of Construction 3.3.1, 3.12.10,4.2.2,4.2.7,9.4.2 Mechanic's Lien 4.4.8 WARNING: Unlitensed phototopying violates U.s. topyright laws and will subjed the violator to legal prosetution. .n. oo..~..:-..o o'o:::;;r::i<:::>~ c:::=:::J (01997 AIA@ AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION I The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. :20006.5292 . Iy\mlll fi . t ~. '" P .0......../ .u. 0'. "".. ,'0 o cc.:a 'Q c:=::=J @1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION I The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 Mediation 4.4.1,4.4.5,4.4.6,4-4-8,4.5,4.6.1,4.6.2,8.3.1,10.5 Minor Changes in the Work 1.1.1, }.12.8, 4.2.8, 4.}.6, 7.1, 7.4 MISCEllANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract I.Ll, Ll.2, 3.7.3, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1,9.7, 10.3.2, 11.4.1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6,9.9.3,12.3 Nonconforming Work. Rejection and Correction of 2.3. 2.4, 3.5.1, 4.2.6, 6.2.5, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2.1,13.7.1.3 Notice 2.2.1,2.3,2.4,3.2.3,3.3.1,3.7.2,3.7.4,3.12.9,4.3, 4.4.8,4.6.5,5.2.1,8.2.2,9.7,9.10,10.2.2,11.1.3, 11.4.6, 12.2.2,12.2.4,13.3, 13.5.1,13.5.2,14.1,14.2 Notice, Written 2.3, 2.4,3.3.1,3.9,3.12.9,3.12.10.4.3,4.4.8,4.6.5, 5.2.1,8.2.2,9.7,9.10,10.2.2,10.3,11.1.3, 11.4.6, 12.2.2, 12.2.4,133, 14 Notice of Testing and Inspections 13.5-1, 13.5.2 Notice to Proceed 8.2.2 Notices, Permits, Fees and 2.2.2,3.7,3.13,7.3.6.4,10.2.2 Observations. Contractor's 1.5.2,3.2,3.7.3,4.3.4 Occupancy 2.2.2,9.6.6,9.8,11.4.1.5 Orders, Written I.Ll, 2.3, 3.9, 4.3.6, 7, 8.2.2, 11.4.9, 12.1, 12.2, 13.5.2, 14.3.1 OWNER 2 Owner, Definition of 2.1 Owner, Information and Services Required of the 2.1.2,2.2,3.2.1,3.12-4,3.12.10,4.2.7,4.3.3,6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2,11.4,13.5.1,13.5.2,14.1.1.4,14.1.4 Owner's Authority 1.6,2.1.1,2.3,2-4.3-4.2.3.8.1,3.12.10,3.14.2,4.1.2, 4.1.3,4.2.4,4.2.9,4.3.6,4.4.7, 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, 9.9.1,9.10.2,10.3.2,11.1.3,11.3.1, 11.4.3, 11.4.10, 12.2.2, 12.3.1, 13.2.2, 14.3, 14-4 Owner's financial Capability 2.2.1,13.2.2,14.1.1.5 Owner's Liability Insurance n.2 I Owner's Loss of Use Insurance 11.4.3 Owner's Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2.4, 12.2-4. 14.2.2.2 Owner's Right to Clean Up 63 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 23 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, 1.6, 2.2.5, 3.2.1, 3.11.1, 3.17.1, 4-2.12, 5.3 , I I I I I I I Partial Occupancy or Use 9.6.6,9.9,11.4.1.5 Patching, Cutting and 3.14,6.2.5 Patents 3.17 Payment, Applications for, ., 4.2.5,7.3.8,9.2,93, 9.4, 9.5.1,'~.6.3, 9.7.1, ,9.8.5, 9.10.1,9.10.3,9.10.5, lLl.3, 14.2.4,..14.4.3 Payment, Certificates for, 4.2.5,4.2.9,9.3.3,9.4,9;5,9.6.1.9.6.6>9.:7.1,9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 '" Payment, Failure of 4.3.6,9.5.1.3,9.7,9.10.2,14.1.1.3, \4,2.1.2, 13.6 Payment, Final, 4.2.1,4.2.9,4.3.2,9.8.2,9.1O,11.1.2,11.1.3,li-4-l, 11.4.5,12.3.1, 13.7,14.2-4,14.4.3 Payment Bond, Performance Bond and 7.3.6.4,9.6.7,9.10.3,11.4.9,11.5 Payments, Progress 4.3.3,9.3,9.6,9.8.5,9.10.3,13.6,14.2.3 PAYMENTS AND COMPLETION 9 I I I I I I Payments to Subcontractors 5.4.2,9.5.1.3,9.6.2,9.6.3,9.6-4,9.6.7,11.4.8, 14.2.1.2 I PCB 10.3.1 Performance Bond and Payment Bond 7.3.6.4,9.6.7,9.10.3,11.4.9,11.5 Permits, Fees and Notices 2.2.2,3.7, 3.13,7.3.6.4,10.2.2 PERSONS AND PROPERTY. PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 I I I I '''"N'''', "._'" ,m-Py'"" ",olo,.. "~ _..., ow. "., wm ,._.. ..r"~, ~ ...' ._._. I I I' I I I' I I, I I I I I I~ I: I., I I I I Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11,3.12,4.2.7 Progress and Completion 4.2.2,4.3.3,8.2, 9.S, 9.9.1, 14.1.4 Progress Payments 4.3-3,9.3,9.6, 9.S.5, 9.10.3,13.6, 14.2.3 Project, Definition of the 1.l.4 Project Management Protective Liability Insurance 11.3 Project Manual, Definition of the 1.1.7 Project Manuals 2.2.5 Project Representatives 4.2.10 Property Insurance 10.2.5,11.4 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.6,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4-4-8,4.6, 9.6.4,9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14 Rejection of Work 3.5.1,4.2.6,12.2.1 Releases and Waivers of Liens 9.10.2 Representations 1.5.2,3.5.1,3.12.6,6.2.2, S.2.1, 9.3.3, 9.4.2, 9.5.1, 9.8.2,9.10.1 Representatives 2.l.!, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.10, 5.l.!, 5.1.2, 13.2.1 Resolution of Claims and Disputes 4.4,4.5,4.6 Responsibility for Those Performing the Work 3.3.2, 3.IS, 4.2.3, 4.3.S, 5.3.1, 6.1.3, 6.2, 6.3, 9.5.1, 10 Retainage 9.}.1, 9.6.2, 9.8.5, 9-9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 1.5.2,3.2,3.7.3,3.12.7, 6.1.3 Review of Contractor's Submittals by Owner and Architect 3.10.1,3.\0.2,3.11,3.12,4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Dul;'! und Samples by Conlractor 3.12 Rights and Remedies 1.1.2,2.3,2.4,3.5.1,3.15.2,4.2.6,4.3.4,4.5,4.6,5.3, 5-4,6.1,6.3,7.3.1,8.3,9.5.1,9.7,10.2..5,10.3,12.2.2, 12.2.4,13.4, 14 Royalties, Patents and Copyrights 3.17 Hulcs ;Jnd Notices for Arbitration 4.6.2 Safety of Persons and Property 10.2, 10.6 Safety Precautions and Programs 3.3.1,4.2.2,4.2.7,5.3.1,10.1,10.2,10.6 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11,3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 1.4.1.2, 3.10,3.12.1,3.12.2,4.3.7.2,6.1.3 Separate Contracts and Contractors 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7,4.6.4,6,8.3.1,11.4.7, 12.1.2, 12.2.5 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.n, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 1.2.2,3.2.1,3.3.3,3.7.1,4.2,4.3-4,9-4-2,9.10.1,13.5 Site Visits, Architect's 4.2.2,4.2.9,4.3.4,9-4-2,9.5.1,9.9.2,9.10.1,13.5 Special Inspections and Testing 4.2.6, 12.2.1, 13.5 Specifications, Definition of the 1.1.6 Specifications, The 1.1.1, 1.1.6, 1.1.7, 1.2.2, 1.6, 3.11, 3.12.10, 3.17 Statute of Limitations 4.6.3, 12.2.6, 13.7 Stopping the Work 2.3,4.3.6,9.7,10.3,14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.204, 11-4-104 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2,3.3.2,3,12.1,4.2.3,5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 53, SA, 9.3.1.2, 9.6, 9.10 10.2.1, 11.4.7, 11.4.8, 14.1, 14.2.1, 14.3.2 Submittals 1.6,3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.6,9.2,9.3, 9.8,9.9.1,9.10.2,9.10.3,11.1.3 Subrogation, Waivers of 6.1.1,1104.5, 11.4.7 Substantial Completion 4.2-9,8.1.1,8.1.3,8.2.3,9.4.2,9.8, 9.9.1, 9.10.3, 9.10.4.2,12.2,13.7 Substantial Completion, Definition of 9.8.1 WARNING: Unlicensed photocopyln!! violates U.s. cODvrlllht laws and will sublect the violator tn 1..",,1 nrn,..rlttlnn. ,.. d~b 0.........0 o D::::;O I;:) c:::.:::J 4:>1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION I The American Institute of Architects 173S New York Avenue, N.W. Washington, D.C. 20006-5292 I HIli <>. .a o. .0 O'.~'H ,'0 OQ;:::;l:'l<;::. c=::::J e1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION I The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 Substitution of Subcontractors P.3, 5.2.4 Substitution of Architect 4.1.3 Substitutions of Materials 3.4.2,3.5.1,7.3.7 Sub-subcontractor, Definition of 5.1.2 Subsurface Conditions 4.3.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2,33,3.4,3.12.10, 4.2.2, 4.2.7, 4.3.3, 6.1.3, 6.2.4, 7.1.3,7.3.6,8.2, 8.3.1,9.4.2, 10,12,14 Surety 4.4.7,5.4.1.2,9.8.5,9.10.2,9.10.3,14.2.2 Surety, Consent of 9.10.2, 9.10.3 Surveys 2.2.3 Suspension by the Owner for Convenience 14.4 Suspension of the Work 5.4.2,14.3 Suspension or Termination of the Contract 4.3.6,5-4-1.1,11-4.9,14 Taxes 3.6. 3.8.2.1,7.3.6-4 Termination by the Contractor 4.3.10,14.1 Termination by the Owner for Cause 4.3.10, 5.4.1.1, 14.2 Termination of the Architect 4.1.3 Temlination of the Contractor 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3,3-3.3,4.2.2, 4.2.6, 4.2.9, 9-4.2, 9.8.3, 9.9.2, 9.10.1,10.3.2, 11-4.1.1, 12.2.1,13.5 TIME 8 Time, Delays and Extensions of 3-2.3,4.3.1,4.3.4,4.3.7; 4-4.5, P.3, 7.2.1, 7.3.1, 7.4.1,7.5.1,8.3, 9.5.1,9.7.1,10.3.2,10.6.1,14.3.2 Time Limits 2.1.2,2.2,2-4,3.2.1,3.7.3,3.10,3.11,3.12.5,3.15.1, 4.2,4.3,4.4,4.5,4.6,5.2,5.3,5.4,6.2.4,7.3,7.4, 8.2,9.2,9.3.1,9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10,11.1.3,11.4.1.5,11-4-6,11.4.10,12.2,13.5,13.7,14 Time Limits on Claims 4.3.2,4.3-4,4.3.8,4.4,4.5,4.6 1..._. ... I Title to Work 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions 4.3.4,8.3.1,10.3 Unit Prices 4.3.9,7.3.3-2 Use of Documents 1.1.1,1.6,2.2.5, 3.12.6, 5.3 Use of Site 3.13,6.1.1,6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.4.2 Waiver of Claims by the Contractor 4.3.10,9.10.5,11.4.7,13.4.2 Waiver of Claims by the Owner 4.3.10,9.9.3,9.10.3,9.10-4,11.4.3,11.4.5,11.4.7, 12.2.2.1, 13-4-2, 14.2.4 Waiver of Consequential Damages 4.3.10, 14.2.4 Waiver of Liens 9.10.2, 9.10-4 Waivers of Subrogation 6.1.1,11.4.5,11.4.7 Warranty 3.5,4.2.9,4.3.5.3,9.3.3,9.8.4,9.9.1,9.10.4,12.2.2, 13.7-1.3 Weather Delays 4.3.7.2 Work, Definition of 1.1.3 Written Consent 1.6,3.4.2,3.12.8,3.14.2,4.1.2, 4.3.4,4.6.4,9.3.2, 9.8.5,9.9.1,9.10.2,9.10.3,11.4.1,13-2,13-4.2 Written Interpretations 4.2.11,4.2.12,4.3.6 Written Notice 2.3,2.4,3.3.1,3.9,3.12.9,3.12.10,4.3,4+8,4.6.5, 5.2.1,8.2.2,9.7,9.10,10.2.2,10.3,11.1.3,11.4.6, 12.2.2, 12.2-4, 13.3, 14 Written Orders 1.1.1,2.3,3-9,4.3.6,7,8.2.2, 11.4.9,12.1,12.2,13.5.2, 14-3.1 I I I I I I I I I I I I I I I I I I I I I I I' I I I I I I I I~ I I, I', d I I I, ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (Genera\' 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 (I) 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 other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of Addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between the Owner and a Subcontractor or Sub-subcontractor, (3) between the Owner and Architect or (4) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requjre~ ments for materials, equipment, systems, standards and workmanship for the Work, and perfor~ mance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is a volume assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are 'J.'Ag"'"~II":. II...I~_.............'" .....................~_ul_~ ..:_1_...... II r ...........++..~_t.,. ,_..._ __~ ...:U .uL.t__oi. .a."'. ..1_'..__._ ____I ____~_...a.:~_ I .-01111 -- -.,1. ."" c. .0 O. .... .~ O'O;:::JS<:::>~ c:::=:J @1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue. N.W. Washington. D.C. 20006-5292 ~ Rill "-. p o. .C> o"~,,. '0 o 0:::0''.:\ c:=::J Cl1997 AIA@ AlA DOCUMENT A20H997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION I The American Institute of Architects 1735 New York Avenue, NW. Washington. D.C. 20006,5292 I 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. I I 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. I 1.2.3 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. I 1.3 CAPITALIZATION 1.3.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. I I 1.4 INTERPRETATION 1.4.1 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. I I 1.5 EXECUTION OF CONTRACT DOCUMENTS 1.5.1 The Contract Documents shall be signed by the Owner and Contractor. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Documents upon request. I 1.5.2 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. I I 1.6 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE 1.6.1 The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service through which the Work to be executed by the Contractor is described. The Contractor may retain one record set. Neither the Contractor nor any Subcontractor, Sub-suhcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect or the Architect's consultants, and unless otherwise indicated the Architect and the Architect's consultants shall be deemed the authors of them and will retain all common law, statutory and other reserved rights, in addition to the copyrights. All copies of Instruments of Service, except the Contractor's record set, shall he returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment supplier 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. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants appropriate to and for use in I I I I I I I un.... I I I I I I' I I, I I I I I: I. I I I I I I. the execution of their Work under the Contract Documents. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants. 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' copyrights or other reserved rights. ARTICLE 2 OWNER 2.1 GENERAL 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Subparagraph 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Ownt'lr shall furnish to the Contractor within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the written request of the Contractor, prior to commencement of the Work and thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. Furnishing of such evidence shall be a condition precedent to commencement or continuation of the Work. After such evidence has been furnished, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor.' 2.2.2 . Except for permits and fees, including those required under Subparagraph 307.1, which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. 2.2.4 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness. Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in WARNING: Unlicensed ohotocoovinl! violates U.S. coovri"htl"ws and will subiect Ih.. vl"lal", In 1..",,1 nrn'''~III;nn. I ".e ~"'i?J.#g o cc::a ~ c::::::::J @1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 @1997 AIA@ AlA DOCUMENT A201~1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Wasninglon, D.C. 20006-5292 I 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 Subparagraph 6.1.3. I I 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a three-day period. If the Contractor within such three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services 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. I I I I I ARTICLE 3 CONTRACTOR 3.1 GENERAL 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. I I 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. I 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. I 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Subparagraph 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 construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Architect as a request for information in such form as the Architect may require. I I I I 3.2.2 Any design errors or onUSSlOns noted by the Contractor during this review shall be reported promptly to the Architect, but 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, building codes, and rules and regulations, but any nonconformity discovered by or maoe known to the Contractor shall be reported promptly to the Architect. I I I I VlARI~ING: IInli,...,.,n.III:_d nhnttv"f"'1vino vinlJlltllolll: II (, rnhvl'"ioht IAW!t Anti \AliII ~lIhiNt th". vlnlatnt to 120al Drosf!cution. I I' I I I' I I I I I I I, I': I: I' I. I I. I: 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Architect in response to the Contractor's notices or requests for information pursuant to Subparagraphs 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Subparagraphs 4.3.6 and 4.J.7. If the Contractor fails to perform the obligations of Subparagraphs 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error, inconsistency, omission or difference and knowingly failed to report it to the Architect. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, usingthe 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 resulting loss or damage. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Con- tractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. 3.4 LABOR AND MATERIALS 3.4.1 lhlless 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. 3.4.2 The Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order. 3.4.3 The ConlrJclor shall ellfon..:e slrid Jiscipline and good order among the C:onlrac:lor's employees and other persons carrying oul the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract WARNING:Unlicensed DhofOCDDVlnQ violates u.s. cODVrlpht I"\AI~ $Inri will '(llhi~t th..... vl,."l.tnr In IAl!:r.1 t't.~nll:_'lti",,,, nil I '" ' . c o. .0 0', .". .'0 o IZ::fj 'C) c:::=;::J @1997 AIA@ AlA DOCUMENT A201.1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION I The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006"5292 . nil 1 J{ a C.U .0. 01-.. \ttlH .- o CCJ;'J''C ~ c::==J C>1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION I The American Institute of Architects 1735 New York Avenue, N.W. Washington. D.C. 20006-5292 I Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications 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. I I I 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. I 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. I I 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to performance of the Work. . I 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. I I 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. I I 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. I I 3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; .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 Clause 3.8.2.1 and (2) changes in Contractor's costs under Clause 3.8.2.2. I I I 3.8.3 Materials and equipment under an allowance shall be selected by the Owner in sufficient time to avoid delay in the Work. I I "".......... I I I I , , I , , I I , , , ,'; " , ,~ , I I .11;' - , 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who sha]) 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. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for tbe Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record field changes and selections made during construction, and one record 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. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples nre physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals arc required by the Contnlct Documents the way by which the Contractor proposes to con!<lI"lll 10 the inforlll<Jtion given and the design concept expressed in the Contract Documents. Review by the Archilect is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Architect without action. 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and suhmitto the Architect Shop Drawings, Product Data, Samples and similar submittals required by Wt.Rtl:ltl:G; Unlicensed photocopying violates U.S. copyright laws and will sublectthe violator to leRal prosecution. (tl 1997 A I A @ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION I The American Institute of Architects 1735 New York Avenue. N.W. Washington. O.c. 20006-5292 11111 '" 0 o. .0 0.,-'" '0 o a::;:fS<:::> c:==l 01997 AIA@ AlA DOCUMENT A20l-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION I The J'.merican Institute of Architects 1735 New York Avenue, NW. Washington, D.C. 20006-5292 the Contract Documents 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. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. 3.12.6 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract DOCUments by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice the Architect's approval of a resubmission shall not apply to such revisions. 3.12.10 The Contractor shall not be required to provide professional services which 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, i methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed 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 Subparagraph 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. I w^,,,,,,, ,.""".... ._~ ....R. os. ,,~_ ,~.....m ..bod .. ...~, ~ ,~, .ro~'.. I I I I I I I I I I I ,I I I I I I I I I , , I I . . I I , , I , , I I I~ I, I: I I 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by excavation, The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's . consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK ,d' 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation .. and progress wherever located. 3.17 ROYAlTIES,PATENTS AND COPYRIGHTS 3.17.1 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 patenl, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATlON 3.18.1 1b the fullest extent permitted by law and to the extent claims, damages, losses or expenses are not covered by Project Management Protective Liability insurance purchased by the Contractor in accordance wit h Paragraph 11.3, 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 tb':':-:l 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 WARNING: Unlicensed photocopying violates U.S. copyriRht laws and wlllsubl..ct th.. vinlatnr tn 1.."..1 n......roo'lnn I ^"~A" ~~~ _~~ ,~'-1_ '20~-;; oo.cC:h.~ c:::::=::: 01997 AiA@ AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington. D.C. 20006.5292 I f\l\.Slltli~ ~\\~~ <>~f1~<1 O:..Y._l}~l~Y.b c........ .c o a:;JS~ c=::J (f) 1 997 "I"@ AlA DOCUMENT A20H997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION I The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. I 3.18.2 In claims against any person or entity indemnified under this Paragraph 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 Subparagraph 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. I I I ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. I I 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. I 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a new Architect against whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the former Architect. I 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be an Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the one-year period for correction of Work described in Paragraph 12.2. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. I I I 4.2.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations (1) to become generally familiar with and to keep the' Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work 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 neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 3.3.1. I I I I 4.2.3 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. I I I I \1.,,. r.- t,ll t.lt:. II_I~~~~__J _L _..._ _____t_ _ _ ,.. I~ &. ~ .. ,.. I I I" I I' I I I I I I I" I: I' I. I: I I I, 4.2.4 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall 'flot relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Paragraph 74 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 I f the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on wrillen request of either the Owner or Contractor. WARNING: Unlicensed photocopvinl! violates U5. copyrii!ht laws and will subject the violator to leRal prosecution. ~~~ ~~" oo.~,...~::? o ~'-c,~ c::::::::J (f)1997 AIA@ AlA DOCUMENT A20H997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION I The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I NN ,,~)ga ~~f1~d~<? ot:r::;J;J<;;, r:=::=I C01997 AIA@ AlA DOCUMENT A20H997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION I The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006.5292 I The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to furnish such interpretations until 15 days after written request is made for them. I I 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and initial 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 so rendered in good faith. I I 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. I I 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time 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. Claims must be initiated by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. I 4.3.2 Time Limits on Claims. 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. Claims must be initiated by written notice to the Architect and the other party. I I 4.3.3 Continuing Contract Performance. Pending final resolution of a Claim except as otherwise agreed in writing or as provided in Subparagraph 9.7.1 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. I I 4.3.4 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will prorilptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the conditions encountered are materially different, the Contract Sum and Contract Time shall be equitably adjusted, but if the Owner and Contractor canl10t agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial determination, subject to further proceedings pursuant to Paragraph 4-4- I I I ,I I I I ',"[J(l"", U.lkm.... _m .w.... U5. """"'Irt ... .....m "b'oct ~. "'.~ ro ...., ,m.~"m. I I I I I I I I I I I I I I" I' I. I I I I 4.3.5 Claims for Additional Cost. If the Contractor wishes to make 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 Paragraph 10.6. 4.3.6 If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3. 4.3.7 ClAIMS FOR ADDITIONAL TIME 4.3.7.1 If the Contractor wishes to make Claim for an increase in the Contract Time, wrhten 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. 4.3.7.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. 4.3.8 Injury or Damage to Person or Property. If either party to the Contract 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. 4.3.9 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. 4.3.10 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 repu- tation, and for loss of profit ('xcept anticipated profit arising directly from the Work. This mulual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 14. Nothing contained in this Subparagraph 4.3.10 shall be deemed to preclude an award of liquidated direct damages, when applicable, in accordance with the requirements of the Contract Documents. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 Decision of Architect. Claims, including those alleging an error or omission by the Architect but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initially to the Architect for decision. An initial decision by the An.:hitecl shall be required as a I WARNING: l.nllr...ncM ,."h"'t,...,..,."...."i",n ";.,..t~.6,. It C ".._.......;........ ......._ __..I .".~I' ....L:__.. ..L~ ._!_I_~-_.... 1- -- j 111[1 - - d.- .b ~. ,,,,,, .<;:, ~ 0 '0:::::fJ''C c:::=J Cl1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS Of THE CONTRACT fOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I em ~' a d. .0. C'. "". ,'0 D a:::n ~ r::=:=::J <01997 AIA@ AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION I The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I condition precedent to mediation, arbitration or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Architect with no decision having been rendered by the Architect. The Architect will not decide disputes between the Contractor and persons or entities other than the Owner, I I I 4.4.2 The Architect will review Claims and within ten days of the receipt of the 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 Architect is unable to resolve the Claim if the Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect concludes that, in the Architect's sole discretion, it would be inappropriate for the Architect to resolve the Claim. I I 4.4.3 In evaluating Claims, the Architect 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 Architect in rendering a decision. The Architect may request the Owner to authorize retention of such persons at the Owner's expense. I I 4.4.4 If the Architect 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 provide a response on the requested supporting data, advise the Architect when the response or supporting data will be furnished or advise the Architect that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Architect will either reject or approve the Claim in whole or in part. I 4.4.5 The Architect will approve or reject Claims by written decision, which shall state the rea- sons therefor and which shall notify the parties of any change in the Contract Sum or Contract Time or both. The approval or rejection of a Claim by the Architect shall be final and binding on the parties but subject to mediation and arbitration. I I 4.4.6 When a written decision of the Architect states that (1) the decision is final but subject to mediation and arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration proceedings unless the decision is acceptable to all parties concerned. I I I 4.4.7 Upon receipt of a Claim against the Contractor or at any time thereafter, the Architect or 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 Architect or the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. I 4.4.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the Claim by the Architect, by mediation or by arbilrotiOI1. I I 4.5 MEDIATION 4.5.1 Any Claim arising out of or related to the COlltract, except Claims relating to aesthetic effect and excepllhose waived as provided for in Subparagraphs 4.}.1O, 9.l0A and 9.10.5 shall, after initial decision by the Architect or 30 days after submission of the Claim to the Architect, be I.........'"'.. ....L..uU...uu...__ ......u.... .__...... I I I I. I I I' I: ,. , I I I Ie I' ). I' I~ I. I I., I: subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. 4.5.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to the Contract and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable 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. 4.5.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project islocated, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 4.6 ARBITRATION 4.6.1 Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and except those waived as provided for in Subparagraphs 4.3.10,9.10-4 and 9.10.5, shall, after decision by the Architect or 30 days after submission of the Claim to the Architect, be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with the provisions of Paragraph 4-5- 4.6.2 Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association, and a copy shall be filed with the Architect. 4.6.3 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4-4.6 and 4.6.1 as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 13.7. 4.6.4 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agreement and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contractor as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a sep:mlte contractor aii described in Article 6 shall be included as an original third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a Claim not described therein or with a person or entity not named or described therein. 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 el1forceable under applicable law in any court having jurisdiction thereof. WARNING: Unlkensed DholOCODvinl! violales U.S. eODvri"hllaws and will subiect Ihe "Iolalorlo lena I orosee..tl"n. I NJDW~ ~~ . (.. '(;:: ......"'\ ~ L rl.:..! c: <...;~ ~Yo c-.:;Q..... .~ O'O:::5:"<:::J~ c:::::::J (l1997 AIA@ AlA DOCUMENT A201.1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architecls 1735 New York AVenue, NoW. Washington, D.C. 20006,5292 . (~~r" ~rl '~'I t~ 5"\ "'B-1. !Sa "3~\-;,<:;o C'O:::J::,'", c::::::::=J @1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION I The American Institute of Architects 1735 New York Avenue, N.W, Washington, D.C. 20006.5292 4.6.5 Claims and Timely Assertion of Claims. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. I I I 4.6.6 Judgment on Final Award. 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. I ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. I I I 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. I 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect will promptly reply to the Contractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reasonable objection. I I I 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reaso~ble objection. I I 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. I I I 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitute. 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 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, Lo 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 I I I I VUJ",({H{Q':: Unlicensed DhotocoDVinp vinl.=.hllll: II c;: ,.nnvrtnht I~to.lou. JI"A milt r,,~IA"'. ...... u:...I............~ 1___1 __~u~..AT~_ I I , I I' I I,. I I I, I I: I: I I:, I.: '~ I I I 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 agree- ment, 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 which may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5,4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 1{.2 and only for those subcontract agreements which 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. 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. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations On the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.} 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the WARNING: Unllcen.ed photo<;oPYinR violates u.s. cODvri"htlaw. and will ,"hjpcllhp "i"I~lnr I" I_~I ",,,...mti,,,, I (I(~f'.l' ~~W~ ,,~1\fl1@.. <d.~~?';g O~.<;;) c=::::J @1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The Arnericilnlnstilute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 . f<~Wi~fWIT12: ~ tr\1~{/J _.. '-:'1 " .." \ ;"'0 <:'/;;~{J~li':::;~~~~ C; ~"- '0 C_' Cl1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The Americ,ln Institute of Architects 1735 New York Avenue, N.W. Washington. D.C. 20006-5292 I Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. I 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. I I 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. I I I 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work or defective construction of a separate contractor. I I 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. I 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Subparagraph 3.14. I 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 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. I I ARTIClE 7 CHANGES IN THE WORK 7.1 GENERAL 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. I I I 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and mayor may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. I 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Conslruction Change Directive or order for a minor change in the Work. I I I V,,",lJ\UIHG-~ Unlicensed OhOfOCDDvino vinlatp!Ii. II ti; t'nnvr-ioht ''''\'-,1: ",,,,,,,f u.,;II ~lIhi...,...t th. "i,..l~tn... t"" '6';91 "'rnuu'..nH,...... I' I I I r I I, I I I: I: Ii, I I: " I, I I I: 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: ,1 change in the Work; ,2 the amount of the adjustment, if any, in the Contract Sum; and .3 the extent of the ad justment, if any, in the Contract Time. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including ad justment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and savings of those performing the Work attributable to the chnnge, including, in case of an increase in the Contract Sum, a rensonabJe allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as ll1<.' Architect may prescribe, an ilelllii',ed <Iccounling logdher with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.J6 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 Conlraclor or others; \A'l:..k~Ih,I(1.llnli"IIII"',r-.lfl....t .......................~H....ri ..i...I.......... ii r ............_I...L.I_..... ......... ...;II_..LI__A- .L... ..t_i~.._~.._ I__~I _~___.....t__ I ~~~~ ~\ifYI:'6 ~\:;.J ..:~~ '3~~ o a::J:'- ~. c:::==J @1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Archilects 1735 New York Avenue, N.W. Washington. D.C. 20006-5292 . o~o ..,~.~,- ~;";.tJ:~~~:,? ~o'a:;:Q'<:;)-' r::::::=::J @1997 AIA@ AlA DOCUMENT A201~1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I .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. I I 7.3.7. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which 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. I I 7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Architect will make an interim determination for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a claim in accordance with Article 4. I I 7.3.9 When the Owner and Contractor agree with the 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 shall be recorded by preparation and execution of an appropriate Change Order. I I 7.4 MINOR CHANGES IN THE WORK 7.4,1 The Architect will have authority to order minor changes in the Work not involving adjust- ment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. I I ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. J \ I 8.1.2 The date of commencement of the Work is the date established in the Agreement. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. I 8.1.4 The term "day" as used III the Contract Documents shall mean calendar day unless otherwise specifically defined. I 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. I 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective Jate of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Contract Documents or a notice lo proceed given I I I V1fS'''"<Q, U".m,od ....~~,,, .".... '" ,............ .... .., ..'" ..~" ."..".'-." 'm' . no, ".,. I I I: I I: If I' I.: I:: I' I I I, I' . ;: I; I: ,,' I I I I by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of morgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending mediation and arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 This Paragraph 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. AlnlCLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 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 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. 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 reflecting retainage if provided for in the Contract Documents. 9.3.1.1 As provided in Subparagraph 7-3.8, such applications may include requesls for payment on account of changes in the Work which have been properly authorized by Construction Change Directives, or by interim determinntiolls of the Architect, but not yet included in Change Orders. 9.3.1.2 Such applications may not include requests for payment for portions of the Work for which the Contractor docs not intend to pay to a Subc0l1tractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. WARNING: Unlicensed photo(opying violates U.S. (OPvrlllhtlaws Bnd will sublet! th.. vlnl"tn. tn 1.._1 "~<.mt;"n Cl1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION I The American Institute of Archilec 15 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 . "nO ~b~{>~i~~:g o a::::n ~ c:::::::i @1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 173S New York Avenue, N.W. Washington, D.C. 20006.5292 I 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon com- pliance 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. I I I I 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encum- brances 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. I I 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. I I 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to 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 Celtificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed constructiollmeans, 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. I I I I I 9.S DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may withhold a Certificate for Payment in wlll)lc 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 Subparagraph 9.4.2 cannot be made. If the Architect is unnble to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9-4-l.lf 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 I I I I I I Vi'I J\.l\.II~Q: Unlicensed nhntocnnvina vinlo:atjlllll; II C ,.""'''''''r~,.a;... 'bloull' a....""' 'nUl 11'11'1-........... ...... 1o.~....I........ ....... 1........1 ..rY'Io.................... I 1 I 1 I I I I I I I 1 I' I, I, I; I:' I I.. opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Subparagraph 3.3.2, because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. . 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the roahner and within the time provided in the Contract Documents, and shall so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Su bcontraetor. 9.6.4 Neither the Owner nor Architect shall have an obligation to payor to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6-4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the OWner. Nothing contained herein shall require money to be placed ill a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or torI 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. WARNING: Unlicensed DhotocoDvirUlI violat!!!> u_s. t"tmVriClht I~w,,= ,.rtl'l wUl ..."t-.l"tflrt ......... "....Im............. 1......_1 --...-_...~-- g "':l::?:(~O C:;;..:..~;...'o "...... _IH .- ~o'a::::fJ,''0.~ c=::J ()1997 AIA@ AlA DOCUMENT A201.1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION I The American Institute of Architects 1735 New York Avenue, N.W. Washington. D.C. 20006"5292 . 6H11fi " '" 0. ..0- d:~~'. .<::> o ct;:::C!''O c::=:! C> 1997 AIA@ AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION I The Ameri(an Institute of Ard,ite(ls 1735 New York Avenue, NW. Washington, D.C. l0006~5192 I 9.7 FAILURE OF PAYMENT 9.7.1 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 arbitration, 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 appropri- ately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, plus interest as provided for in the Contract Documents. I I I I 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. I 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. I I 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. I I I 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which 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. I I I 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or 110t in accordance with the requirements of the Contract Documents. I 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or partially completed p()rtion 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 Clause 11.4.1.5 and authorized by public authorities having jurisdiction over the Work. 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, utilitiefi, damage to the Work and insurance, and I I I I I WI:.~r-.I'r~~r:.'II....H____~'" ~L_...____..... . t. ..- I I I I I' I I' I I I , I I~ I: 10 I I I I, 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 Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a fina.l 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 Subparagraph 9.10.? as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising oul 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. 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certifi- cation 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 WARNING: Unlicensed Dhotoc.oovino vloIBtf!!:. u_~_ t'"nnv....ioht l:lIw-= .n'" \1I,m .:uhia,.t .l"... ..................- 1......-1 .....................:-- I f"I~' ,,~~. -.co c. .0 oo'Q2:';b,oc c::::::i @1997 AIA@ AlA DOCUMENT A20H997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, NW. Washington, D.C. ~0006-5292 I . .Aa ,,~:J. ""yJ{:j:; C'YJJY'o 0'."".."'.;'" o CI::;5:!' ~- c:=:::J ()1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION I The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006"5292 I 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. I I 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. I I 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. I ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. I I 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. I I I I 10.2.3 The Contractor shall erect and maintain, as required by eXIstmg 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. I I 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary fm' execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. I 10.2.5 The Contractor shall promptly remedy damage and 101;1; (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 10.2.).3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. I "," "'''''''''''mn.' , . I I I I - I , 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. - - - - - - - - - - - - I I I I I 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 HAZARDOUS MATERIALS 10.3.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. 10.3.2 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 verify that it has been 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. 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, which adjustments shall be accomplished as provided in Article 7. 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attor- neys' 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 in jury or death as described in Subparagraph 10.3.1 and has not been rendered harmless, provided that such claim, damage, Joss 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) and provided that such damage, loss or expense is not due to the sole negligence of a party seeking indemnity. 10.4 The Owner shall not be responsible under Paragraph 10.3 for materials and substances brought to the site by the Contractor unless such materials or substances were required by the Contract Documents. 10.5 If, without negligence on the part of the Contractor, the Contractor is held liable 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. 10.6 EMERGENCIES 10.6.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prcvcnt threatcned damage, injury or loss. Additional compcnsation or I ~ ~nrrrw . .",~, /0 d. .0 oo'~'~<:> c:::=:J @1997 AIA@ AlA DOCUMENT A201.1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue. NW. Washington. D.C 20006-5292 . ~ ~IJ '>~-l u},/7 <:>,~.o C'. .."" ,'<:> o a:::::o 'C:> c:::::=l 4;>1997 AtA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION I The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006~5292 I extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. I ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations 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 which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupation a] 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 Paragraph 3.)8. I I I I I I I I 11.1.2 The insurance required by Subparagraph ll.l.l 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 date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. I I 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These certificates and the insurance policies required by this Paragraph ILl 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. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage on account of revised liinits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. I I I 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. I 11.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE 11.3.1 Optionally, the Owner may require the Contractor to purchase and maintain Project Management Protective Liability insurance from the Contractor's usual sources as primary coverage for the Owner's, Contractor's and Architect's vicarious liability for construction operations under the Contract. Unless otherwise required by the Contract Documents, the Owner I I I I I I I I I' I I, I I I I, I: I~ I I, I:' I' I.... :,' I, shall reimburse the Contractor by increasing the Contract Sum to pay the cost of purchasing and maintaining such optional insurance coverage, and the Contractor shall not be responsible for purchasing any other liability insurance on behalf of the OWner. The minimum limits of . liability purchased with such coverage shall be equal to the aggregate of the limits required for Contractor's Liability Insurance under Clauses )).1.1.2 through )).1.1.5. 11.3.1 To the extent damages are covered by Project Management Protective Liability insurance, the Owner, Contractor and Architect waive all rights against each other for damages, except such rights as they may have to the proceeds of such insurance. The policy shall provide for such waivers of subrogation by endorsement or otherwise. 11.3.3 The Owner shall not require the Contractor to include the Owner, Architect or other persons or entities as additional insureds on the Contractor's Liability Insurance coverage under Paragraph 1l.l. 11.4 PROPERTY INSURANCE 11.4.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11.4 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Project. 11.4.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. 11.4.1.1 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 which 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 lhe Owner shall bear all reasonable costs properly attributable lhereto. 11.4.1.3 If the property insurance requires deductibles, the OWner shall pay costs not covered because of such deductibIes. 11.4.1.4 This property insurance shall cover portions of the Work stored off the site, and also porI ions of the Work in transit. 11.4.1.5 PJrtial occupancy or u~c ill a<"LOruance with Paragraph 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial I "'''.....11....... ,.~,:____~~ ~L~...__~_..~~_ _~_t_~. _ "P- .~o <:>~b ~'. ~1III~j' "0 ~ 0 a::::r:J,"<;::, r=::::J (f)1997 AIA@ AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 . ~.~ ~.~::? o CCf:J.'T:::>~ c=::::J 1!:l1997 AIA@ AlA DOCUMENT A201.1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION I The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds. 11.4.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. 11.4.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 11.4.5 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment 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 Subparagraph 11-4.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.4.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.4. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been given to the Contractor. 11.4.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of t he 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 Paragraph 11.4 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 coni r:Jet ors described in Article 6, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnifica- tion, 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. 1m. m _ I I I I I I I I I I I I I I I I I I I ," I: I , " ,: ,,' " I , I, I: " ~! I' " '. ~ " Ii I, I: , I, 11.4.8 A loss insured under 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 Subparagraph 11.4.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. 11.4.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4.6. 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 , .,.j~,Wo:rkin,acciJ:rdance with Article 7. "'~~"'_ ". .:~ ::~:: ,',' ' .' I . ':",11.4j]O The Qwner as fiduciary shall have power to ad just and settle a loss with insurers unless one -,,\,0[ the parties in interest ,shaU'objedin writing within five days after occurrence of loss to the ':;':;;O~er's-exercise of this 'power; if such objection is made, the dispute shall be resolved as provided in Paragraphs4-5 and 4.6. The Owner as fiduciary shall, in the case of arbitration, make . settlement with insurers in accordance with directions of the arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.5 PERFORMANCE BOND AND PAYMENT BOND ,11.5.1 The O\Vllershall have the right to require the Contractor to furnish bonds covering '.'};;~th'furperformance<of the Contract and payment of obligations arising thereunder as stipulated ...iY ,;-~;~!:iir bidding reqtiirements ,OT,< specifically required in the Contract Documents on the date of 't' ',execuQ,oI1 oftheQontracL ,. ",( , 'c"r1JS;2. Uponthe request, of any person;or entity appearing to be a potential beneficiary of bonds ;;i}Coyt;dng p~ymenhof -obligatiorisarising under the Contract, the Contractor shall promptly " furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to examine prior to its being covered, lheAn.:hitecl may request to see such Work and it shall be uncovered by the Contractor. I f 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, 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. WARNING: Unlicensed photocopying Violates U.s. copyright laws and will subject the violator to leRal prosecution. I ~w~ ~~~ O."rwtj;...O o a:::::o ~ t::::::::l @1997 AIA@ AlA DOCUMENT A201.1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D,C 20006-5292 . .ft, ~~~-.o 0', .,," ..<)- o a:::;o l:::> C==:J Cl1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington. D.C. 20006-5292 I 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.2.1.1 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 and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. I I I 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In addition to the Contractor's obligations under Paragraph 3.5, if, within one year afterthe date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Subparagraph 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 Paragraph 2-4- I I I I I 12.2.2.2The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. I 12.2.2.3The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Paragraph 12.2. I 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by.the Contractor nor accepted by the OWner. I 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. I 12.2.5 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the one-year period for correction of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. I I I 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirenients 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. I I I I VII-iRHING: lJntJ"'~nlll:jIIII~ nhntnt"nnulnl'i 1I;^1~"1IlIr- II C' .................i........ I....n... ..._.1 ..,:11 ~..Ll_d ..I..,... ."I_L..~_...._ I_~_' ___M. ."_Yo_. , 'i , ,: I" I' I: , , , ,: " I: " I I" ,; , " ARTICLE 13 MISCElLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Subparagraph 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to an institutional lender providing construction financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made ,at an appropriate time. l.b1less otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shaH 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 Subparagraph )3.5.3, shall be at the Owner's expense. U/ADNIMr... 11..li-t"a"'"..... ~.........._...__~"t...._ H[~'~"__" 'l" ~~_h_!.....L;L L. - ,~" . ~ --- nlll " ,C O. .<0- o. -....c o'CJ::::fj ~ c=:::J. <01997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION I The American Institute 01 Architects 1735 New York Avenue, N.W. Washington, D.C. 20006.5292 I .n "'''-,7" 1...<.....-.0 o~-:o C6-'&::::h'~O c::=I 101997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION I The American Institute of Architects 1735 New York Avenue, N_W. Washington. D_C. 20006-5292 I 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. I I 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. I 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. I I 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. I 13.6 INTEREST 13.6.1 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. I 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .l Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment:.. ,As to acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any-applicable stlltute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any Warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. I I I I I I I ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 con- secutive 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: .l issuance of an order of a court or other public authority having jurisdiction which requires all Work to be stopped; .2 an act of government, such as a declaration of national emergency which requires all Work to be stopped; I I I I I I I I I I' I I I I I I I I I I" I I I I .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 Subparagraph 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 Subparagraph 2.2.1. 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor. Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. 14.1.3 If one of the reasons described in Subparagraph 14.1.1 or 14.1.2 exists. the Contractor may, upon seven days' written notice to the Owner and Architect, tenninate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials. equipment. tools, and construction equipment and machinery. including reasonable overhead, profit and damages. 14.1.4 If the Workis 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 persistently 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 Subparagr(iph 14.1.3. 14.2 14.2.1 TERMINATION BY THE OWNER FOR CAUSE The Owner may terminate the Contract if the Contractor: .1 persistently or 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 persistently disregards laws. ordinances, or rules, regulations or orders of a public authority having jurisdiction; or .4 otherwise is guilty of suhstantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist, the Owner. upon certification by the Architect 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 take possession of the site and of all materials. equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5-4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph l4.2.l, the Contractor shall not be entitled to receive further payment until the Work is finished. WARNING: Unlicensed pholocopylng violales U.S. copyrighllaws and will sublecllhe vlolalor 10 le!!al proseculion. I IIlll '" a d. .0. 0......'., ."...... OCJ:::5J-.'Q~ c::::::::::J (ll997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N,W. Washington. D_C. 20006.5292 fjlq ~~~ .0 0-.....-1 .C> ~.~..,,"~ ~ 0 "CJ;::::n' ",- c:::::J Cl1997 AIA@ AlA DOCUMENT Ala1.1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION I The American Imtitute of Architect~ 1735 New York Avenue, N.W. Washington, D.C. 20006.5292 (., . ;-~: --" 9/97 \/- 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby. and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the dif- ference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive termination of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in w1iting to suspend, delay or inter- rupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Subparagraph 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. 14.4.3 In case of such tem1ination 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. I W"'''''G, "."_."d ..............,_ ..,"'.. ,,< __0'" ,... ... .m ..~. ~ _,"._.. ~., ._._._. I I I I I I I I I I I .1 I' 1 I I I I I I I , , ,., , I: , , , ,: , I.- I- ,~ I. I. I I; BOZEMAN WASTE WATER TREA TMENT FACILITY RE-ROOF SUPPLEMENTARY GENERAL CONDITIONS The Supplementary General Conditions contain changes and additions to the AlA General Conditions. The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", AlA Document A201-1997. Where any Article of the General Conditions is modified or any Paragraph, sub-paragraph or clause thereof is modified or deleted by these Supplementary Conditions, the unaltered provisions of that Article, Paragraph, sub-paragraph or clause shall remain in effect. ARTICLE 1; GENERAL PROVISIONS 1.1 Add the following clause to sub-paragraph 1.1.1 The Contract Documents also consist of all provisions of the Project Manual not set forth above. When interpreting any of the Contract Documents, if language conflicts, such conflict shall be resolved in favor of language carrying forth the intent of the Drawings and Specifications, the Contract Sum and the Contact Time stated in the Agreement between Owner and Contractor. 1.6 Add the following clause to sub-paragraph 1.6.1 The Owner also retains similar legal rights to the Instruments of Service which are set forth in the contract between the Owner and Architect. ARTICLE 3; CONTRACTOR 3.10 Add the following sub-paragraph: 3.10.4 Notwithstanding the scheduling provisions in this paragraph 3.10, Contractor shall not exceed the Contract Time. 3.18 Change sub-paragraph 3.18.1 to read as follows: 3.18.1 Except as further clarified herein, Contractor waives any and all claims and recourse against Owner or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of or in any way connected with or incident to the performance of this agreement except claims arising from the intentional acts or concurrent or sole negligence of Owner or its officers, agents or employees. Contractor will indemnify, hold harmless, and defend the Owner and its agents, principals, and employees from and against any and all claims, demands, damages, costs, expenses, losses, liability, judgements, defense expenses, and attorney's fees rising out of or resulting from Contractor's wrongful acts, errors, omissions, or negligence, or from Contractor's failure to comply with the requirements of this agreement or with all federal, state and local law applicable to the performance of this Agreement. SUPPLEMENTARY GENERAL CONDITIONS SGC-I BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROQF In the event of an action filed against Owner resulting from Contractor's performance under this agreement, Owner may elect to represent itself and incur all costs and expenses of suit. These obligations shall survive termination of this agreement. ARTICLE 4: ADMINISTRATION OF THE CONTRACT 4.1 Add the following clause to sub-paragraph 4.1.2 This agreement between Contractor and Owner shall not be construed to limit any duty, responsibility or limitation of authority created in any contract between Owner and Architect. 4.3 Change sub...paragraph 4.3.10 to read: 4.3.1 0 LIQUIDATED DAMAGES. The Owner will suffer financial loss if the Project is not Substantially Complete on the date set forth in the Contract Documents. The Contractor (and his Surety) shall be liable for and shall pay to the Owner the sums hereinafter stipulated as Liquidated Damages for each Calendar day of delay until the work is Substantially Complete: Five Hundred Dollars ($500.00) Provided that the Contractor shall not be charged Liquidated Damages of any excess cost when delay in Completion of the work is due to: .1 Any preference, priority, or allocation order issued by the Government. .2 Unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including but not restricted to acts of God or of the public enemy, acts of the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. .3 Any delays of sub-contractors or suppliers occasioned by any of the causes specified in .1 and .2 above. Provided further that the Contractor shall within ten (10) days from the beginning of such delay, notify the Owner in writing of the causes of the delay. ' .4 The parties agree Liquidated Damages are based on the difficulty to fix actual damages and not as a penalty. 4.6 Change sub-paragraph 4.6.4 to read: 4.6.4 The foregoing agreement to arbitrate and other agreements to arbitrate shall be specifically enforceable under applicable law in any court having jurisdiction thereof. SUPPLEMENTARY GENERAL CONDITIONS SGC-2 I I I I I I I I I I I I I I I I I I I I I I I I - - I I I - I - I I I I I I BOZEMAN WASTE WATER TREA TMENT FACILITY RE-ROOF Add the following sub-paragraph to 4.6: 4.6.7 This Paragraph 4.6 shall be construed consistent with Montana arbitration law. ARTICLE 5; SUBCONTRACTORS 5.3 Add the following sub-paragraph: 5.3.2 All Contractors and Subcontractors to this Contract must comply with all Department of Labor and Industry registration requirements for Montana Contractors. 5.4 Delete sub-paragraph 5.4.2. ARTICLE 7: CHANGES IN TIlE WORK 7.3 Change sub-paragraph 7.3.6.5 to read as follows: 7.3.6.5 By actual cost as shown by the Contractor's invoices, plus 5% allowance for overhead, plus 10% allowance for profit. ARTICLE 8: TIME 8.2 Add the following clauses to sub-paragraph 8.2.2: .1 All work shall be substantially complete no later than three hundred (300) consecutive calendar days from issuance of a Notice to Proceed. ARTICLE 9: PAYMENTS AND COMPLETION 9.3 Add the following clauses to sub-paragraph 9.3.1: .3 The Owner will pay 95% of the amount due the Contractor on account of progress payments. .4 In compliance with State statutes, Con~ors will have 1 % withheld from all payments due on each payment and transmit such amount withheld to the State Department of Revenue. Each "public contractor" which includes all subcontractors with contracts greater than $5000 each, shall include 1 % in their bid to the Contractor. The Contractor will withhold said 1 % from payments made to his subcontractors. SUPPLEMENTARY GENERAL CONDITIONS SGC- 3 BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF 9.6 Delete sub-paragraph 9.6.7. 9.7 Add the following sub-paragraph to Paragraph 9.7. 9.7.2 Contractor acknowledges Owner has a twenty-five day payment cycle from the time any Application for Payment is received. 9.10 Add the following sub-paragraph to Paragraph 9.10: 9.10.6 Final payment shall not be due until the Contractor has furnished an Affidavit on Behalf of Contractor executed on AlA Document G706. 9.11 Add the following Paragraph 9.11 and sub-paragraphs: 9.11.1 It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that date of beginning, rate of progress and time for final completion as set forth in these Supplementary Conditions are essential conditions of the Contract. 9.11.2 The Contractor agrees to prosecute work regularly, diligently, and uninterrupted to insure completion within time specified. It is understood that the time for completion of the work described herein is reasonable, taking into consideration the average climatic range in this locality. ARTICLE 11: INSURANCE AND BONDS 11.1 Add the following cla~s to sub-paragraph 11.1.1: Contractor shall not commence work under this contract until he has obtained all insurance required under this section and the Contract Documents. Owner must approve such insurance. Likewise, Contractor shall not allow any subcontractor to commence work on his subcontract until all similar insurance required of subcontractor has been so obtained and approved. Unless otherwise noted below, all insurance policies shall name the Owner as an additional insured. SUPPLEMENTARY GENERAL CONDITIONS SGC-4 I I I I I I I I I I I I I I I I I I I I I , , I , I I I I I I I" I I," I: I' ~ . I I BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF A. General Liability. Contractor shall be responsible for purchasing and maintaining Commercial General Liability coverage that shall protect Owner against claims that may arise from operations under the Contract Documents. Commercial General Liability coverage shall include the following: 1. Bodily Injury and Property Damage a. $1 Million General Aggregate b. Coverage to include: 1) Premises Operations, $1 million 2) Products and Completed Operations. $1 mil. 3) Personal Injury. $1 million 4) Contractual. $1 million 5) Operations of Independent Contractors, $1 mil. per occurrence. Any deductibles shall be commercially reasonable and paid by the Contractor. lIDs requirement may be satisfied by primary insurance or a combination of primary and umbrella insurance. Contractor shall carry an Aggregate per Project endorsement. B. Automobile Liability 1. Coverage of bodily injury and Property Damage to include: a. All Owned vehicles b. Hired vehicles c. Non-Owned vehicles The policy shall be a combined single limit of $500,000 per accident. This requirement may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. C. Workers' Compensation and Employer's Liability (Coverage A and B) 1. Montana Statutory Amounts This requirement may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. D. Builder's Risk 1. SPECIAL FORM with a maximum $1000 deductible with 100% completed value of the contract as the policy limit naming Contractor, Subcontractors and Owner as named insureds as their interests may appear. SUPPLEMENTARY GENERAL CONDITIONS SGC-5 BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF If Owner requests in writing that other special insurance be included in any insurance policy, Contractor shall include such insurance and the cost thereof will be charged to Owner by appropriate Change Order or written amendment. 11.1 Delete sub-paragraph 11.1.2. 11.2 Delete Paragraph 11.2. 11.3 Delete Paragraph 11.3. 11.4 Delete all sub-paragraphs of Paragraph 11.4 except 11.4.4, 11.4.5, 11.4.7 through 11.4.10. ARTICLE 12: UNCOVERING AND CORRECTION OF WORK , 12.1 Add the following clause to sub-paragraph 12.1.2: Owner shall incur no expense for Work it has not specifically authorized. 12.2 Add the following clauses to sub-paragraph 12.2.2: .1 The Contractor shall and does hereby warrant and/or guarantee the following: For a period of one year from date of substantial completion all movable or adjustable work shall remain in perfect working order, including hardware, doors, windows, drawers, controls, devices, and all equipment to which this heading is applicable, except that this guarantee shall not apply to work which has been abused or neglected by the Owner or tenants. .2 The Contractor shall respond within seven (7) calendar days after notice of observed defects has been given and he shall proceed to immediately remedy these defects. ARTICLE 13: MISCELLANEOUS PROVISIONS 13.2 Add the following sub-paragraphs to 13.2: 13.2.2 The Contractor shall not assign the whole or any part of this Contract of any monies due to become due hereunder without written consent of the Owner. In case the Contractor assigns all or any part of any monies due or to become due under this Contract with the Owners prior cop-sent, the instrwnent of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the Contractor shall be subject to prior claims of all persons, firms and corporations for service rendered or materials supplied for the performance of the work called for in this Contract. SUPPLEMENTARY GENERAL CONDITIONS SGC-6 I I I I I I I I I I I I I I I I I I I I I , I I' I ", I'. e..... , I , ", , I I' I,. I- .' I Il. I: I BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROQF 13.2.3 The Contractor and all subcontractors hereby assign toReach, Inc., any and all claims or causes of action for any anti-trust law violations or damages arising there from as to goods, materials and services purchased under the terms of this agreement, and any change order that may result from this agreement. This assignment is made on behalf of the Contractor and all subcontractors which may be hired or contracted with by the Contractor to furnish goods, materials or services required under the terms of this agreement. 13.7 Delete Paragraph 13.7. ARTICLE 14: TERMINATION OR SUSPENSION OF THE CONTRACT 14.4 Change sub-paragraph 14.4.3 to read: 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination. Add ARTICLE 15: EQUAL OPPORTUNITY as follows: ARTICLE 15: EQUAL OPPORTUNITY 15.1 The Contractor shall maintain policies of employment as follows: 15.1.1 The Contractor and all subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin or age. The Contractor shall take affirmative action to insure that applicants are employed, and that employees are treated during employment. without regard to their race, religion, color, sex, national origin or age. Such action shall include, but not be limited to, the following: Employment, upgrading demotion or transfer; recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment. notices setting forth the policies of non- discrimination. 15.1.2 The Contractor and all subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, national origin or age. SUPPLEMENTARY GENERAL CONDITIONS SGC-7 I I I I I I I I I I I I I I I I I I I CITY OF BOZEMAN AGREEMENT FORM BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION THIS AGREEMENT is dated as of the {VI-day of ~ in the year 2007, by and between CITY OF BOZEMAN, hereinafter called OWNE I and Metalworks of Montana, Inc.hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project work is generally described as follows: Reroofina UP to seven (7) existina buildinas with a TPO roofina system. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Bozeman Wastewater Treatment Plant. City of Bozeman. Article 2. CONTRACT TIME. 2.1 The Work will be completed within..ID;L days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum (subject to adjustment as provided in the Contract Documents) of Ninetv-two thousand one hundred twenty Dollars ($ 92.120.00). Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. I I I I I I I I I I I I I I I I I I I 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. 4.2 Final Payment. Upon final completion a~d acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the contract price as. recommended by ENGINEER. Article 5. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. Article 6. CONTRACTOR"S REPRESENTA liONS. 6.1 CONTRACTOR has familiarized himself with the, nature and extent of the Contract Docunients, Work; locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully aU reports of investigations, tests and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon' by ENGINEER in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions. 8.3 CONTRACTOR has made or caused to be made ,examinations, investigations and tests and studies of stich reports and related data in addition to those referred to above as he deems necessary for the performance of the Work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional.examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 'OONTRACTOR has corrE(lated th~ results of all such observations, examinations, 'investigations,.tests" repo~ and dat~ with the terms and conditions of the Contract Documents. " .' 6;5, CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR I I I I I I I I I I. I: I: I" ...; I" IA I' :,,~ I- I' I. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist -of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement (if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid. 7.5 Instructions to Bidders and Bid Form. 7.6 Certificate(s) of Insurance. 7.7 General Conditions (by reference). 7.8 Supplementary Conditions. 7.9 Wage Rates. 7.10 Special Provisions and Measurement and Payment. 7.11 The project manual, which includes the contract drawing and specification. 7.14 CONTRACTOR'S executed Bid forms. 7.15 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.16 Notice of Award. 7.17 Notice to Proceed. 7.18 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.19 Any Notice of Partial Utilization. 7.20 Notice of Substantial Completion. 7.21 Notices of Final Completion and Acceptance. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a modification (as defined in the General Conditions). Article 8. MISCELLANEOUS. 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns, and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. The OWNER reserves the right to withdraw at any time from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 8.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs. 8.4 Any amendment of modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. I I I I I I I I I I I I I I I I I I I I I , I , " , ,.... , , , , I; ,: I:' '" I, " I' I..... , , IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (CONTRACTOR) BY~~ Title r s i d.JLvtt (SEAL &) (ATTEST) ~ Ax1JRtt~L ~-Tfea.s (JOINT VENTURE) By (SEAL &) (ATTEST) Title City of Bozeman ~N':..RJ ~ "t\ ' BYe' .'~ (CITY MANAGER) c:\wpdocs\formslagreefrm.mrg I I I I I I I I I I I I I I I I I I I NOTICE OF AWARD Dated: 3~?;67 I . TO: Metalworks of Montana ADDRESS: PO Box 10. Missoula. MT 59806 PROJECT: Wastewater Treatment Facility Re-roof CONTRACT FOR: Base Bid - Parts 1-4. 6 & 7 You are notified that your Bid opened on March 13.2007, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the Wastewater Treatement Faciliv Re-roof. Base Bid - Parts 1-4. 6 & 7. The Contract Price of your Contract is: Ninetv Two Thousand One Hundred Twenty Dollars and 00/100 Dollars ($ 92.120.00). Six (6) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Six (6) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the fo lowing conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by If () 7 1. You must deliver to the OWNER Six (6) fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the ,'1- //.s- Instruction to Bidders (Article Z8), and the General Conditions (paragraph &.&1). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (Article 5) and Supplementary Conditions (paragraphs SC-5.04 and SC-5.06). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you two fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA BY (2J1ufl, ~ \ (CITY MANAGER) BY: DATE: <\ r 2 $'--07 ~ C:\Backup\WWTP Roofing Project\NoticeOfAward.frm.doc I I I I I I I I I I I I I I I I I I I THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 5314814 AlA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that and Roofing PO Box 10 Missoula, MT 59806 as Principal, hereinafter called Contractor, and, Metalworks of Montana, Inc. dba Missoula Sheet Metal (Here insert full name and address or legal title of Contractor) Employers Mutual Casualty Company (Here insllrt full name and address or legal tille of Surely) 145 W. Front St., Missoula, MT 59806 as Surety, hereinafter called Surety, are held and firmly bound unto City of Bozeman (Here insert full name and address or legal tilIe of Owner) Clerk of Commission. 411 East Main Street Bozeman, MT 59715 as Obligee, hereinafter called Owner, in the amount of Ninety Two Thousand One Hundred Twenty Dollars and 00/100 Dollars ($ 92,120.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated (L( ~ d ~ ~ ~ ,4P~entered into a contract with Owner for (Here insert full name, address and description of project) Bozeman Waste Water Treatment Facility re-roof in accordance with Drawings and Specifications prepared by ThinkOne (Here insert full name and address or legaltiUe of Architect) 101 East Main St., Studio One Bozeman, MT 59715 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AlA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND . AlA @ FEBRUARY 1970 ED. . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., NW., WASHINGTON, D.C. 20006 1 I I I PERFORMANCE BOND I NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. I The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under I I I I I I I Signed and sealed this I ATTEST: ~~C[)~_ (Witness) -(J"-- I I I WITNESS: I I the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. day of Metalworks of Montana, Inc. dba Missoula Sheet Metal and Roofing (Principal) (Seat) By9le ~/1ftp( . . Employers Mutual Casualty COfJ.1pany (Surely}=,- -'_ (Seat) -h- /7~ .~?I?IA~ ~ - Attorney-in-Fact I AlA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND · AlA @ FEBRUARY 1970 ED. . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., NW., WASHINGTON, D.C. 20006 2 I I I I I I I I I I I I I I I I I I I THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 5314814 AlA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMUL TANEOUSLYWITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that and Roofing PO Box 10 Missoula, MT 59806 as Principal, hereinafter called Principal, and, Metalworks of Montana, Inc. dba Missoula Sheet Metal (Here insert full neme and address or legal title of Contractor) Employers Mutual Casualty Company (Here Insert full name and address or legal title of Surety) 145 W. Front St., Missoula, MT 59806 as Surety, hereinafter called Surety, are held and firmly bound unto City of Bozeman (Here Insert full name and address or legal tltie of Owner) Clerk of Commission, 411 East Main Street Bozeman, MT 59715 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Ninety Two Thousand One Hundred Twenty Dollars and 00/100 (Here insert a sum equal to at least one-half of the contract price) Dollars ($ 92,120.00 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated I Lfr J ~ ~~/()'f1:entered into a contract with Owner for (Here insert full name, address and description of project) Bozeman Waste Water Treatment Facility re-roof in accordance with Drawings and Specifications prepared by ThinkOne (Here Insert full name and address or legal title of ArcMect) 101 East Main St., Studio One Bozeman, MT 59715 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AlA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND. AlA @ FEBRUARY 1970 ED . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE" NW., WASHINGTON, D.C. 20006 1 I I LABOR AND MATERIAL PAYMENT BOND I NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void, otherwise it shall remain in full force and effect, subject, however, to the following conditions: I 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed I I I I I I I Signed and sealed this I ATTEST I BY~~C~ . itness) I I WITNESS: I I I and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a pUblic officer. b) After the expiration of one (1) year following the date on which principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. e) Other than in state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety or mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. day of Metalworks of Montana, Inc. dba Missoula Sheet Metal and Roofing (PrincipaQ (Seal) By Oh-~ (f() u IT"'") Pref/duct Employers Mutual Casualty Company (Surety) (Seal) t}. (M?J.-.~ (Title) Attor-ney-:tn-Fact I AlA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND · AlA @ FEBRUARY 1970 ED. . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., NW., WASHINGTON, D.C. 20006 2 IEMCInsurance.Companies P.O. Box 712.0e5 Moine5,IA 50303.0712 No~6Ia3$2 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY.IN~FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation .3; UniQn Ill~uranCe COn1panyofProvidence, an Iowa Corporation .4. minQ!sI:MCA~COlnsurant;eCompany, an Iowa Corporation hereiriafterrll1ferredt(}severaIlYas. "Company" and collectively as "Companies",each does, by these presents, make, constitute and appoint; EO BEINE, GEORGES. SEATON, AIMEE N. CAVILL, TERRY PAYNE, KERRY HEINE, JULIE A. MORAN,INDIVIDUALL y, ..MISSOULA, .MONT ANA ..;;.......,..........................................................................................................................................;..,.............................c. 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 7. The Hamilton Mutual Insurance qpri\pany(~n ()hipCo~POrlltion its true and lawful attorney.in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other .0bUgatory Instruments of a similar nature as follows: .. INANAMOUNT NOT EXCEEDING TEN MI LLlON DOLLARS ..... ... ......... ..... ........ ................................ .... ."... ..... ",. ...... "....,,($10,OOO,OOO,Q()} ~ndt9blndf!aqh Companyth:rE;!~yasfuliy and to the same extent as if such instruments were signed by the duly authorized officersqf~MhsuGh cqrnfJany;MdaU of thl3acts.of saidf.lttQrneypyrsuantl() the authority hereby given are herl3by ratified and confirmed. .. .. ... . The authofityhereby granted shaH expire April 1 , 2009 AUTHORITY FOR POWER OF ATTORNEY unless sooner revoked. This Power-of-Attorneyis made <Ind executed pursuant to and by the authority of the following resolution of thl3 Boards of Oirl3(:torsofeach of the Comp[iniesata reglJlartyschedlJledtn13elin~ofaachcompany duly called and held in 1999: .. RESO\.VED: ThePresidimt aridChWf~xecutive Officer, any Vice Prl3sident, the Treasurer and the Secretary of Employers MutuaICa~ualtyCQfT1p~ny$Malthavepow~r ancjautliority to{1} appoint attorneys.in~fact and authorize thl3m to eXl3cute on behalfof each Gompany and attach the sl3al ofJhe Compl:!ny thereto, QOridsand undertakings, recognizancM, contraCts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attomey-in-factatany time and revcike the power and authority given to him or her. Attornl3ys-in-fact shall have power and authority, subjl3ct to the terms and limitations of the power-of~attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances. contracts of indl3mnilyand other writings obligatory in the nature thereof, and any such instrument executed by any such attorney-in-fact shall be fully and in all respects binding upon thl3 Company.. . Certification as to the validity of any power-of-attorney authorized herein made by an officl3r of Employers Mutual Casualty Company shall be fully and in all respects binding upon thisComp~ny. The.facsimile or mechanically reproduced signature of such officer,whether made hl3retoforeorhereafter,wherever~ppearing upon a certifie(j copyofanypower-6f.atlqml1ly?fthe Company, shall be valid and binding upon the Companyw1th the same force andaffectaslhovghmaritlaHyaffixedi . IN WJThNESS WHEREOF, the Companies have caused thesl3llresents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 28t day of February , ~. L j ..1 - Seals . ffr ~ .......10../, ....~~"C'~'''', ""'~~'~'~":'" Bruce G. Kelley, Chairman Jeffrey S. BJrdsl13Y ..,.-;:,.....(),'~~,~,iJ~4'1:.. /~\'''':.''''''; i);~.., .' '<.~.'''''.''~"' ". of Companies 2,3,4,5 & 6; resident Assistant Secretary lj/'~~'OR~>.y\ /~_..,~,"DR4>.. {,'~ l6'o"~""PnR4>,"';,~ of Company l' Vice Chairman and ...u",~~ t"'..~.....<:,......... r<"...~--o-...:: <:"'.r-~ , ~~~ SEAL ~~t ~;:~-1863 "~,::;~ ;...:~- 19530~~~ CEO of Company 7 ~~;t::fR~~'.:<(l......~~i~:::i::B::;::;? \:~':~::~',~:~:<~:/ ,\"V:\.~ff~~:~:~~y.. , ,,",~~:,.tl.III:~":;'Ji ",,\1'111"""1 ,.' .1>~iJ~ANt.";. "" W$.uR~1V "I. / ~\lIUA( "" ..,...: (,..... ,,\,'UII'/~ (" C '.. ..... ~\. ,-,'II", Cot<' .... ..... Q::.~ ,\1111"1 C''"1t,J1 ..... 2&~"'''''''''~""lf'al(.q'/''"",%\ ;..:;: .....:{~P0f14;'..... '-0\ ,i):}........\'\\(lOR4 ~'.. c... \ ~'~;'~"',':~~:~1~g[~., ~~~~~~;~? (<..~~~ :."''' SEAL ,',<: ~'i:. SEAL }~: :.~:. SEAL :": ..... ...." ,......~.:: ~ ~ #'1 ,..... "l:- ~ ....:b "',I, ..",..~ ~..:: """tt:.IjII "1111\\' .......... .......1-; '/"IIH\\\ ~....."" ....,(t,j" /1/1111\\' ~"t........ ""'#~ 'ow~ ",,,,,,, '''I,Of.7H .o.fl..tl.:i'\."..." -I,i,l11oINES,\\)"...... "1,,,,,.," "~"~lUll'"~ ""IU"'\ ..9... >... ur...... ... ................................. .......... ......................... .......:....' . . . , '. , : ., .' '.:. :. . ......,.. .... .. ...."'.. .:. . . RUTA KRUMINS Commission Number 176255 My Comm. Exp. Sellt, 30, 2006 On thig28thdayof February . AD ........ ..2006 .befrm~ melt Notary Public in and for the State of Iowa, personally appeared6wce G>KeUey arid Jeffrey S, Birdsley, who, being by me duly sworn, did say that they are, and arekn.9wntome to bEHhe Chairman, President, Vice Chairman and CEO,andlor Assistant Se.cretary;respeclively, of each of The Companies above; that the seals affixed to thisinstrumenl are the seals of said corporations; that said instrument was signed and sealed bnbehalf of Elach 6ftheColl1panies by authority of their respective Boards of Directors;.and that thesalc:! Bruce G.Kelleyand.. JeffreyS, Birdsley, as such officers, acknowledge theexeGUtioriqf saiqin~trumElntlo !:ll3 JnEl voluntary act and deed of each of the Companies, . ... .... ... MyCommisslon Expires September 30,2006. .. .\-~' ./ /.... ~"--+~.. Notary Public in and for the Statebflowa CERTIFICATE I, DavidL Hixenbaugh, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of DirectQl'Sbysach of the Companies, a,nd thi~Pow~r of AttolJ:ll3'L Issued pl,l~suant ther~to Qn . ... February 28,2006 on.\)ehalfOf~gHelnei(jeorge~.::;eatonj Aimee N. (,;avl II , 1 erry....ayne, Kerry Helne,JUlle A. Moran .aretrul3 al1dcori'ecl a1ldare still in full. force and effect. In testimony Whereof I have subscribed my name and affixed !hl3 facsimile seal of each Company this _ ~~ of C- .< -::?0~ /~/ ~7.- ~c ... .., ;"::.,) <:::,:,:,:,:.:,., ::. I ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY) 04/18/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Payne Financial Group. Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 3327 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 145 West Front Street Missoula, MT 59806-0638 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Cincinnati Insurance Company Metalworks of Montana. Inc. INSURER B: dba: Missoula Sheet Metal and Roofing INSURER c: PO Box 10 INSURER D: Missoula, MT 59806 INSURER E: Cllent#: 55445 MET AlWOR I I I I COVERAGES I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSRC TYPE OF INSURANCE POLICY NUMBER PJll-ICY EFFECTIVE POLICY EXPIRATION LIMITS LTR A GENERAL LIABILITY CPP0902417 03/11/07 03/11/08 EACH OCCURRENCE $500 000 f-- DAMAGE TO RENTED ~ COMMERCIAL GENERAL LIABILITY $1 00 000 f-- :=J CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $5 000 X PD Ded:5,000 PERSONAL & ADV INJURY $500 000 GENERAL AGGREGATE $1 000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $1 000000 n POLICY -n P'~Wr n LOC A ~TDMOBILE LIABILITY CPP0902417 03/11/07 03/11/08 COMBINED SINGLE LIMIT r!- ANY AUTO (Ea accidant) $1.000,000 f-- ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) f-- ~ HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per Hccldent) r-- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS/UMBRELLA LIABILITY CPP0902417 03/11/07 03/11/08 EACH OCCURRENCE $5,000,000 m OCCUR 0 CLAIMS MADE AGGREGATE $5,000,000 $ ~ DEDUCTIBLE $ X RETENTION $0 $ WORI(ERS COMPENSATION AND I T~~,JT~~;, I IOJii EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E_L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ ~~Etl~tS~~o~s1oNS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERA TlONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: Bozeman Waste Water Treatment Facility Job No: 273014 Certificate Holder Is named as Additional Insured. (See Attached Descriptions) I I I I I I I I I I CERTIFICATE HOLDER CANCELLATION I City of Bozeman 20 East Olive P.O. Box 1230 Bozeman, MT 59771 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATI: THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ......45- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR I I ACORD 25 (2001/08) 1 of 3 #M278336 1SJ @ ACORD CORPORATION 1988 I ACORDTM CERTIFICATE OF LIABILITY INSURANCE I OATE (MMlOOIYYYY) 04/27/07 PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Payne Financial Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 3327 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 145 West Front Street Missoula, MT 59806-0638 INSURERS AFFORDING COVERAGE NAIC# INSUREO INSURER A: Cincinnati Insurance Company Metalworks of Montana, Inc. INSURER B: dba: Missoula Sheet Metal and Roofing INSURER c: PO Box 10 INSURER 0: Missoula, MT 59806 INSURER E: Cllent#' 55445 METALWOR I I I I COVERAGES I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER P~}~~Y EFFECTIVE POLICY EXPIRATION LIMITS LTR NSR GENERAL LIABILITY EACH OCCURRENCE $ f-- DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY $ - o CLAlMS MADE 0 OCCUR - MED EXP (Anyone person) $ - PERSONAL & ADV INJURY $ - GENERAL AGGREGATE $ ~'l AGGREAE LIMIT APMS PER: PRODUCTS - COMP/OP AGG $ POLICY p'~g: LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) - - ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (per person) - - HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) GARAGE UABIUTY AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ ~ -OCCUR 0 CLAIMS MADE AGGREGATE $ $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I T~~Jl;r ~;,~~ I 10JIt EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E,L, EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E,L. DISEASE - lOA EMPLOYEE $ ~~~~I~tS~~~~~1~NS below E,L. DISEASE - POLICY LIMIT $ A OTHER Bldrs Risk CAP5891822 05/01/07 05/01/08 $93,OOO/Project Amount DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: Bozeman Waste Water Treatement Facility, Bozemant MT. $1,000 deductible applies Job No: 273014 (See Attached Descriptions) I I I I I I I I I I CERTIFICATE HOLDER CANCELLATION I City of Bozeman 20 East Olive P.O. Box 1230 Bozeman, MT 59771 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAlL ----10- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR I I ACORD 25 (2001/08) 1 of 3 #S279443/M279442 1SJ @ ACORD CORPORATION 1988 I I I IMPORTANT I If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). I If SUBROGATION IS WAIVED, subject to the terms and conditions of the pOlicy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). I DISCLAIMER I The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. I I I I I I I I I I I I ACORD 25-5 (2001/08) 2 of3 #S279443/M279442 I ACORD... CERTIFICe OF LIABILITY INSU~NCE I ' DATE I-.vDlVYVY) 08/04106 AOOUCER THIS CERllFlCATE IS ISSUED AS A MATTER OF INFORMATION Pay.,.'1=lnllnclal Group,lnc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE. P.O. Box 3327 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 145 West Front Street Missoula, MY 59806..(1638 INSURERS AFFORDING COVERAGE NAIe ., INSURED INSURERA: Montana State Fund MetalworQ of Montana, Inc. INSURER 8: dba: Missoula Sheet Metal and Roofing INSURER C: PO Box 10 INSURER D: Missoula, MT 59806 INSURER E: Cllent#' 55445 METALWOR I I I I COVERAGES I THE POLICIES OF INSURANCE LISTED BelOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATED. NOTWITHSTANDING AAY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWlTH RESPECT TO 'WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE PQUCIES DESCRIBEO HEREIN IS SUBJECT TO ALL THE TERMS. EXClUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS. IP~$.~ LTR NBR[ TYPE OF INSURANCE POUCY NUMBER UIlITS ~NERAL UABlUTY EACH OCCURRENCE I COMMERCIAL GENERAL LIABILITY DAMAGE TO RENlED $ - o CLAIMS MADE D OCCUR I-- MED EXP tArN one PMIOIIl I I-- PERSONAL I ArYl INJURY $ I-- GENERAL AGGflEGAlE I ~N'L AOORn UMlT APPn PER: PRODUCTS - COMP/OP AGG I POI.ICY ~ LOC ~MOBlLE UAlllUTY COMBINED SINGlE LIMIT S AN'(.AUlO (Eai eccldelll) ...- f-- ALL OWNED AUTOS BODL Y INJURY , SCHEDULED AUTOS (Per penon) I-- f-- HIRED AUTOS BOOlL Y INJURY (per8Cddlnl) S - NON.(lWNED AUTOS PROPERlY DAMAGE S (P.- ecd~l) llARAOE UABlUTY AUTO ON\. Y . EA ACCICeNT S ~ -ANY AUTO OTHER lliAN EAACC $ AUTO ONLY: AGG I EXCESSlUMIlREU.A UAIlIUlY EACH OCCURRENCE $ ::rOCCUR 0 CLAIMS MADE AGGREGATE $ I ~ OEDUCTlBLE S RETENTION S S A WORI(IERS COM..ENlIATJON AND 033083239 07/01106 07101/07 xT~!~~l ID~' EM>LO'tERS' LlAIIlUlY EL EACH ACClOENT s1 000.000 ANY PROPRIETORIPARTNER.e<ECUTIVE Of'FICEMllEIolBER EXCLUDED? E.L. DISEASE - SA EMPlOYEE $1.000.000 If ,re(' _atbol under E.L. OISEASE - POUCY LI\lfT ,1 000000 S EClAl PROVISlOi'IS _ O1l1!!R DESCRIPTION OF OPERAT1ONS I LOCATIONS I VEHICLES t EXCUlSlOHS ADDEO BY ENDORSEMENT I S"EClAL "RO\IlSlONll RE: Bozeman Waste Water Treatment Facility Job No: 273014 (Se. Attached Descriptions) I I I I I I I I I I #M242604 CANCEllATlON SHOULD MY OF T1f& ABOYli DIiSCRlBED POUCIIiS B& CANCEUJ!D BEFORI': nlE EXPIRATION DATE THP&OF, 'T1tI! ISSUING INSURER WILL ENDEAVOR 10 MAIL ....3fL DAYS WRrnEN NOTICE TO ntr! C&RlIFlCATE HOLDER NAMED TO l1lE LEFT, IIUT FAILURE TO DO so SHALL 1MP08& N008lJ(lA11ON OR UABlUTY 01' NN IOHD UPON TllE INSURER. m AGENTS OR R1iPRliSENTAlIVES. AUTHORIZED ~EHTATIVIi. ~ CERTIFICATE HOLDER I .Clty of Bozeman 20 Eat Olive P,O, Box 1230 Bozeman, MT 59771 I I ACORD 2! (2001108) 1 of 3 1SJ Gl ACORD CORPORAnON 19M I I I I I I I I I I I I I I I I I I I SCHEDULE OF VALUES FOR CONTRACT PAYMENT 273014 04/12/07 Project Name: BozemanWaste Water Treatment Facility MSM/MOM #: location: 225 Moss Bridge Road, Bozeman,MT Date: JOB #: 273014 Contractor: Metalworks of Montana dba Missoula Sheet Metal and Roofina Address: PO Box 10 Missoula, MT 59806 Phone 728-1680, Fax 721-9668 Prime Contractor: City of Bozeman DESCRIPTION LABOR MATERIAL OTHER TOTAL ITEM BILLING ITEM COSTS COSTS COSTS COST 1 MOBILIZATION $ - $ . $ 2,500.00 $ 2,500.00 2 ROOF MATERIAL $ - $ 40,000.00 $ - $ 40,000.00 3 ROOF LABOR $ 36,740.00 $ - $ - $ 36,740.00 4 SHEET METAL MATERIAL $ - $ 3,400.00 $ - $ 3,400.00 5 SHEET METAL LABOR $ 8,400.00 $ - $ - $ 8,400.00 6 WARRANTY $ - $ - $ 1,080.00 $ 1,080.00 7 $ - $ . $ - $ - 8 $ - $ - $ - $ - 9 $ - $ - $ - $ - 10 $ - $ - $ - $ - 11 $ - $ - $ - $ - 12 $ - $ . $ - $ - 13 $ . $ - $ - $ - 14 $ - $ - $ - $ - 15 $ - $ - $ - $ - 16 $ - $ - $ - $ - 17 $ - $ - $ - $ - 18 $ - $ - $ - $ - 19 $ - $ - $ - $ - 20 $ - $ . $ - $ - 21 $ . $ - $ - $ - 22 $ - $ - $ - $ - TOTAL COST THIS SHEET $ 45,140.00 $ 43,400.00 $ 3,580.00 $ 92,120.00 TOTAL PROJECT COST $ 45,140.00 $ 43,400.00 $ 3,580.00 $ 92,120.00 Sheet ---1...- of ----1...- Submitted by: Metalworks of Montana dba Missoula Sheet Metal and Roofina (Contractorl Sub-Contractor) City of Bozeman (Company I Contractor) Submitted to: ip1'7, . . I I I I 5.5 BOZEMAN WASTE WATER TREATMENT F ACILlTY RE-ROOF ADDENDUM NO.1 ISSUED: March 6, 2007 ARCHITECT: Thinkone 101 East Main St., Studio One Bozeman, Mt. 59715 PROJECT: Bozeman Waste Water Treatment Facility Reroof Bozeman, Mt. 59715 TO: All Contractors and Planholders of record. Acknowledge receipt of The Addendum by inserting its number and date in the Proposal Form. Failnre to do so may subject Bidder to disqualification. This Addendnm fonns Part of the Contract Documents. It modifies them as follows. . GENERAL CONDITIONS: ITEM NO.1: . INSTRUCTIONS TO BIDDERS Add the following: . . . I . . . . . . -~- 22. The prioritization for completing the roofs is as follows. This priority sequence will be used in case the project scope must be reduced. # 1. Floatation Thickening Building #2. Lift Station No. I #3. Lift Station No.2 #4. Maintenance Building #5. Recycle Sludge Building #6. Scum Pit Building #7. Pretreatment Building SPECIFICATIONS: ITEM NO.1: SPECIFICATION SECTION 07531 - TPO SINGLE-PLY MEMBRANE ROOFING PART 2.5 - INSULATION ACCESSORIES Add the following: G. Self-Adhering Vapor/Air Barrier: ASTM 412 (C), 40 mil thick, with maximum permeancerating of 0.05 perm. Self-Adhering Vapor/Air Barrier shall consist 006 mil self-adhering rubberized asphalt membrane laminated to an 4 mil high density polyethylene film for a 40 mil total thickness. ITEM NO.2: SPECIFICATION SECTION 07531 - IPO SINGLE-PLY MEMBRANE ROOFING PART 3.4 -INSULATION INSTALLATION ADDENDUM NO. I PAGE NO. 1. . . . . . . . . . . . . . . . . . . . BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF Add the following: G. Install Self-Adhering V apor/ Air Barrier in a single layer over area to receive vapor retarder, side and end lapping each sheet a minimum of2 inches (50 mm) and 6 inches (150 mm), respectively. Bond self-adhering vapor/air barrier to concrete deck as follows: 1 . Apply Primer at rate recommended by Self-Adhering Vapor/Air Barrier Manufacturer. ITEM NO.3: SPECIFICATION SECTION 07620 -SHEET METAL FLASHING AND TRIM PART 2.1- METALS Add the following: C. Coil-Coated Galvanized Steel Sheet: Zinc-Coated, commercial quality steel sheet conforming to ASTM A 755, coating designation, coil coated with high performance fluoropolymer coating as speci- fied in "Coil-Coated Galvanized Steel Sheet Finish" Article not less than 0.0239 inch thick or 24 ga. ITEM NO.4: SPECIFICATION SECTION 07620 - SHEET METAL FLASHING AND TRIM PART 2- PRODUCTS Add the following: 2.7 COIL COATED GALVANIZED STEEL SHEET FINISH A. High-Performance Organic Coating Finish: Apply the following system by coil-coating process on the galvanized steel sheet as recommended by coating manufacturers and applicator. 1. Fluoropolymer 2-coat Coating System: Manufacturers standard 2-coat thermocured system composed of specially formulated inhibitive primer and fluoropolymer color topcoat containing not less than 70 percent polyvinylidene fluoride resin by weight complying with AAMA 605.2 ITEM NO.5: SPECIFICATION SECTION 07620 ~ SHEET METAL FLASHING AND TRIM PART 2A-FABRICATION, GENERAL Add the following;. F. Finish: Sheet metal flashing to be baked enamel (KYNAR). Color to match existing building flashing (GRA V). ADDENDUM NO. I PAGE NO. 2 I. I I I I I I I I I I I I I I I I I I BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF DRAWINGS: ITEM NO.1: SHEET A 1.1 - DETAILS. GENERAL NOTE FOR ALL DETAILS Add the following general notes: I, Poly Iso Foam insulation to be adhered to the existing concrete roof deck in accordance with the specifications, section 07531. 2, Wood nailers, including the 2 x 8 cant strip, are required under aU edge details as required by roofing manufacturer. ADDENDUM NO.1 PAGE NO.3 MONTANA PREVAILING WAGES RATES FOR BUILDING CONSTRUCTION 2006 Effective: November 10, 2006 Brian Schweitzer, Governor State of Montana Keith Kelly, Commissioner Department of Labor and Industry To obtain copies of prevailing wage rate schedules, please go to www.ourfactsvourfuture.ora or contact the. Research and Analysis Bureau, Workforce Services Division, Montana Department of Labor and Industry P. O. Box 1728, 840 Helena Ave. Helena, MT 59624-1728 Phone 406-444-2430 FAX 406-444-2638 Toll free 800-541-3904 TOO 406-444-0532 For information relating to public works projects and payment of prevailing wage rates visit ERD at: www.mtwagehourbopa.comorcontactthemat Employment Relations Division Montana Department of Labor and Industry P. O. Box 6518 Helena, MT 59604-6518 Phone 406-444-5600 TOO 406444-5549 The Research and Analysis Bnreau welcames questions, comments and suggestions from the pu blie. In additio n, we'll do our best to p ravide info rmation in a cces sible fa rma t, on req nest, in complia nce with the Americans with Disa bilitie s Act. - - - - - - - - - - TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: A. Date of Publication....... ................................... ........... ................5 B. Definition of Building Construction........ ....................... ..............5 C. Definition of Public Works Projects................. ............. ..............5 D. Prevailing Wage Schedule....... ........................ ...................... ....5 E. Rates to Use for Projects............................................................5 F. Fringe Benefits....... ................................. ............ .......................6 G. Per Diem............ ............ .................. ......... ...................6 H. Prevailing Wage Districls...........................................................7 I. Computing Travel Benefits.........................................................7 J. Apprentices......................... ........ ...................... ...... ...................8 K. Posting Notice of Prevailing Wages........ .......... ................ .........8 L. Employment Preference........................ .................. ...................8 M. Building Construction Occupations Website... ... ................... ...8 N. Welders' Rates............ ...... ............................................8 O. Foremen's Rates...... ....................................... ......... ......8 2 - - - - - - - - - - - - - - - Occupation and Page Number BOILERMAKER -9 BRICKLAYER - 9 CARPENTER -10 CARPET FLOOR -10 CEMENT MASON -11 CONSTRucnON LABORERS LABORERS GROUP 1-11 LABORERS GROUP 2 -12 LABORERS GROUP 3 -13 LABORERS GROUP 4-14 CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP 2 -15 OPERATORS GROUP 3 -16 OPERATORS GROUP 4-17 CRANE OPERATORS GROUP 5 -17 GROUP 6 -18 GROUP 7 -18 DRYWALL APPLICATOR -19 ELECTRICIAN - 20 ELEVATOR CONSTRUCTORIREPAIRER - 21 GLAZIER - 22 HEATING AND AIR CONDITIONING-22 INSULATION WORKERS - 23 IRONWORKER-STRUCTURAL AND REINFORCING -23 MILLWRIGHT - 24 PAINTER (including paperhanger) - 24 PILE BUCK -25 PLASTERER - 25 PLUMBER, PIPEFlTTER AND STEAMFITTERS - 26 ROOFER - 27 SHEET METAL WORKER - 28 SPRINKLER FITTER - 28 STONEMASON - 29 TAPER - 30 TEAMSTERS GROUP 2 - 30 TELECOMMUNICATION - 31 TILE SETTER - 31 3 - - - - - - - - - - - - - MONTANA PREVAILING WAGE REQUIREMENTS The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the Montana Code Annotated, has determined the standard prevailing rate of wages for the occupations listed in this publication. The wages specified herein control the prevailing rate of wages for the purposes of 18-2-401, et seq., Montana Code Annotated. It is required that each employer pay, as a minimum, the rate of wages, including fringe benefits, travel allowance and per diem applicable to the district in which the work is being performed, as provided in the attached wage determinations. All Montana Prevailing Wage Rates are available on the Internet at: www.ourfactsyourfuture.org or by contacting the Research and Analysis Bureau at (800) 541-3904 or TDD (406) 444-0532. In addition, this publication provides general information concerning compliance with Montana's Prevailing Wage Law and payment of prevailing wages. For detailed compliance information relating to Public Works projects and payment of prevailing wage rates, please consult the Regulations on the Internet at: www.mtwagehourbopa.com or contact the Labor Standards Bureau at (406) 444-5600 or IDD (406) 444-5549. KEITH KELLY Commissioner Department of Labor and Industry State of Montana A. Date ofPnblication: 10 November 2006 B. Dermition of Building Construction For the purposes of Prevailing Wage, the Commissioner of Labor and Industry has determined that building construction occupations are defined to be those performed by a person engaged in a recognized trade or craft, or any skilled, semiskilled, or unskilled manual labor related to the construction, alteration, or repair of a public building or facility, and does not include engineering, superintendence, management, office or clerical work. The Administrative Rules of Montana (ARM) 24.17.501 (2) - 2(a), Public Works Contracts For Construction Services Subject to Prevailing Rates, states that "Building construction projects generally are the construction of sheltered enclosures 4 with walk-in access for housing persons, machinery, equipment, or supplies. It includes all construction of such structures, incidental installation of utilities and equipment, both above and below grade level, as well as incidental grading, utilities and paving. Examples of building construction include, but are not limited to, alterations and additions to buildings, apartment buildings (five stories and above), arenas (closed), auditoriums, automobile parking garages, banks and fmancial buildings, barracks, churches, city halls, civic centers, commercial buildings, court houses, detention facilities, dormitories, farm buildings, fire stations, hospitals, hotels, industrial buildings, institutional buildings, libraries, mausoleums, motels, museums, nursing and convalescent facilities, office buildings, out-patient clinics, passenger and freight terminal buildings, police stations, post offices, power plants, prefabricated buildings, remodeling buildings, renovating buildings, repairing buildings, restaurants, schools, service stations, shopping centers, stores, subway stations, theaters, warehouses, water and sewage treatment plants (buildings only), etc." C. Definition of Public Works Projects The Montana Code Annotated (18-2-401 (Il)(a)) defines "public works contract" as "a contract for construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision is which the total cost of the contract is in excess of $25,000." D. Prevailing Wage Schedule This publication covers only building construction occupations and rates. These rates will remain in effect until superseded by a more current publication. Current prevailing wage rates schedules for Heavy, Highway, and Non-construction Services occupations can be found on the Internet at www.ourfactsyourfuture.org or by contacting the Research and Analysis Bureau at (800) 541-3904 or TDD (406) 444- 0532. E. Rates to use for Projects Rates to be used on a public works projects are those that are in effect at the time the project and bid specifications are advertised. F. Fringe Benefits Section 18-2-412 of the Montana Code Annotated states that "( 1) to fulfill the 0 b ligation.. . a contractor or subcontractor may: (a) pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; 5 - - - - - - - - - - (b) make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund, plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the United States Department of Labor; or (c) make payments using any IXlmbination of methods set forth in subsections (1)(a) and (1)(b) so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits for health and welfare and pension contributions that meet the requirements of the Employee Retirement Income Security Act of 1974, travel, or other bona fide programs approved by the United States department of labor, that is applicable to the district for the particular type of work being performed. (2) The fringe benefit fund, plan, or program described in subsection (I )(b) must provide benefits to workers or employees for health care, pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements ofthe Employee Retirement Income Security Act of 1974 or that are approved by the United States department of labor." Fringe benefits are paid for all hours worked (straight time and overtime hours). However, fringe benefits are not to be considered a part of the hourly rate of pay for calculating overtime, unless there is a collectively bargained agreement in effect that specifies otherwise. G. Per Diem Per Diem typically covers the costs associated with board and lodging expenses and are paid when an employee is required to work at a location outside the daily commuting distance and is required to stay overnight or longer. H. Prevailing Wage Districts Montana counties are aggregated into 10 districts for the purpose of prevailing wage. A map showing these districts follows: 6 - - - - - - - - - - - - - - - - - - I. Computing Travel Benefits Travel pay, for the purposes of public works projects, shall be determined by measuring the road miles (one way) over the shortest practical maintained route from the county courthouse of the designated city for each district or the employee's home, whichever is closer, to the center of the job. Each city shall be considered the point of origin only for jobs within the counties identified in that district (as shown below): District 1 - Kalispell: includes Flathead, Lake, Lincoln and Sanders counties District 2 - Missoula: includes Mineral, Missoula and Ravalli counties District 3 - Butte: includes Beaverhead, Deer Lodge, Granite, Madison, Powell and Silver Bow counties District 4 - Great Falls: includes Blaine, Cascade, Chouteau, Glacier, Hill, Liberty, Pondera, Teton and Toole counties District 5 - Helena: includes Broadwater, Jefferson, Lewis and Clark and Meagher counties District 6 - Bozeman: includes Gallatin, Park and Sweet Grass counties District 7 - Lewistown: includes Fergus, Golden Valley, Judith Basin, Musselshell, Petroleum and Wheatland counties District 8 - Billings: includes Big Horn, Carbon, Rosebud, Stillwater, Treasure and Yellowstone counties District 9 - Glasgow: includes Daniels, Garfield, McCone, Phillips, Richland, Roosevelt, Sheridan and Valley counties District 10 - Miles City: includes Carter, Custer, Dawson, Fallon, Prairie, Powder River and Wibaux counties J. Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. However, apprentices not registered in approved federal or state apprenticeship programs will be paid the prevailing wage rate when working on a public works contract. 7 - - - - - - - - - - K. Posting Notice of Prevailing Wages Section 18-2-406, Montana Code Annotated, provides that contractors, subcontractors, and employers who are performing work or providing services under public works contracts as provided in this part shall post in a prominent and accessible site on the project or work area, not later than the first day of work, a legible statement of all wages to be paid to the employees on such site or work area. L. Employment Preference Sections 18-2-403 and 18-2-409, Montana Code Annotated requires contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts M. Building Construction Occupations You can fmd definitions for these occupations on the following Bureau of Labor Statistics website: http://www.bls.gov/oesI2001l0es_stru.btIn N: Welders receive rate prescribed for craft performing operation to which welding is incidental. O. Foreman occupations: Rates are no longer set for foremen. However, if a foreman performs journey level work, the foreman must be paid at least the journey level rate. 8 BOILERMAKER District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 District 9 District 1 0 Travel All 0 istrlcts 0-120 mi.lree zone 120 + mi. $.375Jmi. Per Dlem 0-70 mi. free zone 70-120 mi. $25Jday 120 + mi. $35Jday BRICKLAYER District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 District 9 District 10 Travel Dlstrlcts 1 & 2 0-25 mi. free zone 25-34 mi. $l2Jday 35-59 mi. $241day 6Q..89 mi, $3B1day 90-124 ml. $4BIday OV<!r 125 mL 560/day Wage $24,62 $24.62 $21.84 $24.90 $24.62 $25.72 $25.72 $25.72 $25.72 $25.72 Wage $23.88 $23.88 $22.80 $22.15 521.80 $23.88 $23.88 $22.32 $21.35 $23.88 Travel District 5 0-20 free zone 21-40 mi. 112 hr. pay 41-60 mi. 1 hr. pay OV<!r 60 ml. 1&112 hrs. pay - - - Benefit $16.36 $16.36 $11.77 $16.26 $16.36 $16.36 $16.36 $16.36 $16.36 $16.36 Benefit $8.55 $8.55 $8.55 $7.60 $8.30 $8.55 $8.55 $4.49 $7.89 $8.55 Travel District 3 0-40 mi. free zone 41-60 mi. $25Jday 61-90 mi. $S5/day 91-120 mi. $50/day OVer 120 mi. $60/day Travel District 6 0-50 mi. free zone Over 50 mi. $35Jday - - 9 - Travel Dlstrlct 4 0-25 mi. free zone 26-60 mi. $.40fmi. OV<!r 61 mi. $60/day Travel Districts 7-10 0-20 mi. free zone 20-35 mi. $171day 35-55 mi. $22Jd.ay OV<!r 65 mi. $50/day - - - - CARPENTER District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 District 9 Dlstrlct 10 Wage $15.30 $15.30 $16.70 $15.30 $15.30 $15.30 $15.33 $15.30 $16.79 $15.30 Benefit $5.92 $7.55 $7.90 $6.95 $5.39 $3.66 $7.80 $4.85 $4.20 $3.65 Travel District 3 0-30 free zone 31-50 $18 per day 50+ $ 25 per day Travel o Istrlets 7 9 0-30 free zone 31-60 mi Base pay+ 3.00 Over 60 mi Base pay + 5.00 Travel Districts 1,2,4,5,6,8,10 0-30 free zone 31-50 mi Base pay+1.00lhr Over 50 mi Bese+ 1.5 OIhr CARPET INSTALLERS District 1 Dlstrlct2 District 3 Dlstrlct4 DIstrict 5 Olstrlct 6 DIstrict 7 DIstrict 8 DIstrict 9 District 10 Wage No Rete Established JIW Rate Established No Rate Established No Rate Established No Rate Established No Rate Established No Rate Established No Rete Established No Rate Established No Rate Established Benefit No Rate Established No Rate Established No Rate Established No Rate Established No Rate Established No Rate Established No Rate Established No Rate Established No Rate Established No Rate Established Travel All Districts 0-40 mi. free zone Over 40mi $60.OOIday *0cc:upIrtI0ns: Lay and install carpet and padding from rolls. blocl<s On 1I00rs - 10 - - - - - - - - - - - CEMENT MASON District 1 District 2 DIstrict 3 Disb1ct 4 Disb1ct 5 District 6 District 7 District 8 District 9 District 10 Travel All Dlstrlcts 0-15 mi. free zone 15-30 mi. . 75/hr. 30-50 mi. .95Jhr. Over 50 mi. 1.35/hr. Wage $18.78 $'8.78 $17.30 $18.78 $14.68 $18.78 $18.78 $18.78 $18.78 $18.78 Construction LABORERS GROUP 1 District 1 District 2 DIstrict 3 Dlsb1ct 4 D isb1ct 5 Disb1ct 6 District 7 District 8 DIsb1ct 9 District 10 Travel All Districts 0-15 mi. free zone 15-30 mi. $,651hr. 30-50 mi. $.75!hr. over 50 mi 1.25/hr 'Occupation: Flagpersons Wage $13.53 $13.53 $13.53 $13.53 $13.53 $13.53 $13,53 $13.38 $13,53 $13.53 - Benef"1t $3.75 $7.45 $5.10 $7.45 $4.65 $7.45 $7.45 $7.45 $7.45 $7.45 Benefit $5.65 $5.65 $5.65 $5.55 $5.55 $5.85 $5.65 $4.55 $5,65 $5.55 - - 11 - - - - - - - - - Construction LABORERS GROUP 2 District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 District 9 District 10 Travel All Districts 0-15 mi. free zone 15-30 mi. $.551hr. 30-50 mi. $.7 5!hr. over 50 mi 1.25 Wage $14.00 $12.84 $14.65 $13.92 $13.72 $13.64 $15.03 $13.93 $15.22 $15.29 BenefIt $4.59 $5.40 $5.65 $4.90 $4.90 $5.50 $5.65 $4.45 $4.24 $4.36 .Occupations: General Laborer, Landscape Laborer Lawn Spri nlder Installer, B uming Bar Bucket Man, Carpenter Tender Caisson WorKer, Cement Mason Tender Cement H and1er (dry), Chuck. Tender Choker Setter, Concrete WorKer Curb MacI1ine-Lay Down, Crusher and Batch Worker Form Stripper, Heater Tender, Fence erectors Landscaper, Pipe Wrapper, Pot Tender, Pow:lerman Tender Rail end Truck Loaders and Unloaders, Riprapper Sign Erection, Guardra il and Jersey Ra II Slake Jumper, Spike Driver, Fence Erector Signalman, Tail Hoseman, Asbes10s Removal Tool Checker and Houseman end Traffic Control Worker 12 - - - - Construction LABORERS GROUP 3 District 1 DIstrict 2 DIstrict 3 DIstrict 4 District 5 District 6 OIstrict 7 District 8 District 9 District 10 Travel An Districts 0-15 mi. free zone 15-30 mi. $.65/hr. 30-50 mi. $.75/hr. over 50 ml1.25 Wage $17.24 $17.24 $17.24 $16.11 $13.00 $16.04 $17.24 $17.24 $17.24 $17.24 Benelit $6.75 $6.75 $6.75 $3.37 $6.75 $6.75 $6.75 $6.75 $6.75 $6.75 'Occupations: Concrete Vibrator, Dumpman (Grademan) Equipment Handler, Geolexlile and Uners High-Pressure NozzIeman Jackhammer (Pavement Breaker) Non-R iding Reliefs, P ipelayer Posthole Digger (Power) Power Driven Wheelbarrow Rigger, Sandblaster, Sod CulIer.Power and Tamper - - - - - 13 - - - - - Construction I..ABORERS GROUP 4 District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 DIstrict 9 District 10 Travel All Districts 0-15 mi. free zone 15-30 mi. $.65/hr. 30-50 mi.$.75/hr. over 50 mi 1.25 Wage $14.90 $17.59 $14.57 $17.24 $16.20 $15.51 $17.59 $17.59 $14.45 $17.59 Benelit $6.45 $5.4ll $1.05 $1.05 $6.00 $3.80 $6.75 $6.75 $3.22 $1.31 'OccupatloRII: Hod Carrier, WalerWeR laborer Blaster, Wagon Driller Asphalt Raker, Culling Torch Grade Seller, H igh-Scaler Power Saws (Faller & Concrete) P~rman, Rock & Core Drill Track or Truck Mounted Wagon Drill and Welder Including Air Arc - - - - ]4 - - - - - - - - - - CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP 2 District 1 Dlstrlct 2 District 3 District 4 District 5 District 6 District 7 District 8 District 9 Distrlcl1 0 Wage $21.09 $21.09 $21.09 $21.09 $21.09 $21.09 $21.09 $21.09 $21.09 $21.09 Travel All Districts 0-30 mi. base pay 30-60 mi. base pay +$2, 951hr. Over 60 mi. base pay +$4.70fhr. Benefit $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 'Occupatlons: Asphalt Tender, Backhoe Operator Excavator 3 cu yd, Bulldozer Operator, Front End Loader, Concrete Paving Machine Operator Operator and Oiler 15 - - - - - - - - - - CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP 3 District 1 DIstrict 2 District 3 District 4 District 5 District 6 Dlatrlct 7 District 8 District 9 District 10 Wage $21.49 $21.49 $21.49 $21.49 $21.49 $21.49 $21.49 $2 f .49 $21.49 $21.49 Travel All Districts 0-30 mi. base pay 30-60 mi. base pay +$2.951hr, Over 60 mi. base pay +$4.70Ihr. Benefit $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 'Occupations: Motor GratIer operator, Front End Loader Operator Road Roller Operator, Saaper Operator, water well drillers Cranes 25 tons under 16 - - - - CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP 4 District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 District 9 District 10 Wage $22.15 $22 15 $22.15 $22.15 $22.15 $22.15 $22.15 $22.15 $22.15 $22.15 Travel All Oistrlcts 0-30 mi. base pay 3ll-60 m i. base pay +$2.95Jhr. Over50 mi. base pay +$4.70/hr. Benefit $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 'Occupatlons: AsphaR Paving Machine Operator, Plant Operator Cranes 25-44 tons CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP 5 District 1 District :z District 3 District 4 District 5 District 6 District 7 District 8 District 9 DIstrict 1 0 Wage $22.55 $22.55 $2255 $22.55 $22.55 $2255 $22.55 $22.55 $22.65 $22.55 Travel All Districts 0-30 mi. base pay 3ll-60 m i. base pay + $2. 95/hr. Over 50 mi. base pay +$4.70/hr. 'Occupatlon: Cranes 45-74 T - - - Benefit $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 17 - - - - - - - CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP 6 District 1 District :z DIstrict 3 District 4 DistrictS District 6 District 7 District 8 District 9 District 10 Wage $23.75 $23.75 $23.75 $23.75 $23.75 $23.75 $23.75 $23.75 $23.75 $23.75 Travel All Districts 0-30 mi. base pay 3ll-60 mi. base pay +$2.95/hr. Over 50 mi. base pay +$4.70/hr. .Occupatlon: Cranes 75-149 Tons Benefit $7.50 $7.50 $7.50 $7.50 $7.50. $7.50 $7.50 $7.50 $7.50 $7.50 CONSTRUCTLON EQUIPMENT OPERATORS OPERATORS GROUP 7 District 1 District 2 District 3 District 4 District 5 District 6 DIstrict 7 DIstrict 8 District 9 District 10 Wage $24.25 $24.25 $24.25 $24.25 $24.25 $24.25 $24.25 $24.25 $24.25 $24.25 Travel All DIstricts 0-30 mi. base pay 30-50 mi. base pay + $2. 95/hr. Over 50 mi. base pay +$4.70/hr. 'Occupatlon.: Cranes 150+Tons - - - Benefit $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 18 - - - - - - - - - DRYWALL APPLICATOR District 1 DIstrict 2 District 3 District 4 District 5 DIstrict 6 District 7 DIstrict 8 District 9 District 10 Wage $15.95 $15.19 $15.95 $15.95 $15.95 $15.95 $15.95 $15.95 $15.95 $15.95 Travel Districts 1 and 2 0-30 mi. free zone 30-50 mi. $2.25/hr. Over 50 mi. $2.75/hr. Travel District 4 and 7 0-15 mi. free zone 16-30 mi. $2. 501h r 31-50 mi. $3. 75Jh r Over 50 mi. $6.2.5Ihr Travel Districts 8, 9, and 10 0-30 mi. free zone 31-60 mi. $3.00lhr Over 60 mi. $4.BOIhr - Benef"ft $1.61 $1.51 $1.25 $1.51 $1.51 $1.51 $1.51 $1.51 $1.51 $1.51 .Occupatlon: Drywall and Ceiling Tile installers - - Travel District 3 0-30 mi. free zone 30-50 mi. $181day Over 50 mi. $251day Travel Districts 5 and 6 0-15 mi. free zone 15-30 mi. $1.00lhr 30-50 mi. $1.501hr Over 50 mi. $2.00/hr 19 - - - - - - - - - - ELECTRICIAN: INCLUDING BUILDING AUTOMATION CONTROL DIstrict 1 District 2 Distrfct 3 District 4 District 5 District 6 District 7 DIstrict 8 District 9 District 10 Travel Districts 1 2 ()"1 0 mi free zone 11-<45 $O.451ml Over 45 mi $451d ay Wage $25.20 $25.20 $23.85 $23.85 $23.85 $23.44 $23.96 $24.88 $23.39 $23.44 Travel Districts 3 0-10 mi free zone 11-55 SO.351mi Over 55 ml $4Olday in liel! of any oll1er travel time or travel allowance Benefit $9.16 $9.16 $9.42 $9.27 $9.27 $5.97 $9.27 $8.10 $8.10 $9.02 Travel Districts 4 5 7 9 0-8 free zone 9-50 mi Federal mUeege rate Over 50 mi $46.50lday Subsistence in jieu of travel allowance Travel Districts (j 0-17 !fee zone 18-60 mi $0.4051 ml Over 60 mi $ 50Iday in lieu of any other Travel time or travel allowance Travel Districts 8 10 0-17 free zone 18-60 mi $0,421mi Over 60 mJ $42/day in lieu of any other travel Time or travel allowance .Occupatlon: Electrical Wiring, equipment, and fixtures Street 19hts, Intercom Systems Electrical Control Systems 20 - - - ELEVATOR CONSTRUCTOR/REPAIRER District 1 District 2 District 3 District 4 District 5 District 6 District 1 District 8 District 9 District 10 TraVlH An Districts $34.12 $34.12 $34.12 $34.12 $34.12 $34.12 $34.12 $34.12 $34.12 $34.12 0-25 mi. $12.19/day 25-35 mi. $24.381day Over 35 mi. $331day Per Diem $341day GLAZIER District 1 DIstrict 2 DIstrict 3 District 4 District 5 District 6 District 1 District 8 District 9 District 10 Wage $12.33 $12.33 $11.14 $10.90 $14.50 $12.43 $12.43 $12.87 $12.87 $12.87 Travel AI Districts 0-10 mi. free zone Over 10 mi. $.20/mi. Per Diem $32Jday - - - $15.91 $15.91 $15.91 $15.91 $15.91 $15.91 $15.91 $15.91 $15.91 $15.91 Benefit $1.84 $1.84 $1.84 $1.84 $1.00 $2.09 $2.09 $1.88 $1.88 $1.88 - - 21 - - - - - HEATING AIR CONDITIONING Wage DIstrIct 1 $19.20 DistrIct 2 $18.86 District 3 $18.09 District 4 $16.83 District 5 $24.31 District 6 $14.67 District 7 $24.31 DIstrict 8 $18.00 District 9 $24.31 District 10 $24.31 Travel Districts 1 & 1 0 0-45 mi. free zone 45-60 mi. $l81day Over 60 mi. $38/day Benefit $4.13 $6.77 $3.65 $2.29 $9.43 $2.00 $9.43 $3.50 $9.43 $9.43 Per Diem $38/day INSULATION WORKER-MECHANICAl. (Heat and Frost) District 1 District 2 District 3 District 4 District 5 District 6 DIstrlct 7 DIstrlct 8 District 9 District 10 Wage $20.96 $22.20 $22.43 $22.43 $22.43 $22.43 $22.43 $22.43 $22.43 $22.43 Travel All DistrIcts 0-30 mi. free zone 31-40 mi. $11.5OIday 41-50 mi. $16. DO/day 51-60 mi. $21.50/day over60 mi. $32.50/day Per Diem $54/day Benefit $1 0.03 $10.72 $10.72 $10.72 $10.72 $10.72 $10.72 $10.72 $10.72 $10.72 Occupation: Pipes, 0 uclwork, or other rrechanical system - - - - 22 - - - - - - - - - - - - IRONWORKER-STRUCTURAL STEEL AND REIN FORCING STEEL Wage District 1 $22. 37 District 2 $22.37 Distrlct:1 $20.45 District 4 $20.45 District 5 $20.45 District 6 $20.4 5 District 7 $20.45 District 8 $20.45 District 9 $20.45 District 10 $20.45 Travel Districts 1 & 2 0-45 mi. free zone 46-60 mi. $181day 61-100 mi. $401day Over 100 mi $SO/day PER DIEM: $35/DA Y MILLWRIGHT Wage District 1 $16.79 OIstrict2 $16.79 District 3 $16.79 District 4 $16.79 District 5 $16.79 DIstricts $18.79 District 7 $18.79 District 8 $18.79 District 9 $18.79 District 10 $18.79 Travel 0-30 free zone 31-60 mi base+ $3.00Ihr Over 60 mi base+ $4.80lhr Benefit $13.33 $13.33 $12.76 $12.76 $12.76 $12.76 $12.78 $12.76 $12.76 $12.76 Benefit $8.80 $8.80 $8.80 $8.80 $8.80 $8.80 $8.80 $8.80 $8.80 $8.80 Travel Districts 3.10 Over 50 mi. $501day PER DIEM: $30/DA Y 23 - - - - - - - PAINTER (including Paperhanger) District 1 District 2 Dlstrlct 3 District 4 DIstrict 5 District & District 7 District 8 District 9 District 10 Wage $16.21 $13.72 $20.24 $15.68 $16.08 $15.22 $20.60 $15.99 $20.60 $20.60 Travel All Districts 0-10 mi. free zone Over 10 mi. $0.201mi. Per Diem $321day PILE BUCK Wage District 1 $17.04 District 2 $17.04 District 3 $17.04 District 4 $17.04 District 5 $17.04 District 6 $17.04 District 7 $17.04 District 8 $17.04 DlstricU $17.04 District 10 $17.04 Travel All Districts Q.30 free zone 31-60 mi base+ $ 3.0O/hr Over 61 mi base+ $4.80 Benefit $4.03 $9.13 $7.08 $9.13 $4.65 $2.60 $9.13 $9.13 $9.13 $9.13 Benefit $8.80 $8.80 $aso $8.80 $8.80 $8.80 $8.80 $8.80 $8.8el $8.8a - 24 - - - - PLASTERER District 1 District 2 District 3 District 4 DIstrict 5 DIstrict 6 DIstrict 7 DIstrict 8 Dlstrlct 9 Distrlct 10 Travel AH Dlstrtcts 0-30 mi. free zone 30-60 mi. $2. 951hr. OVer 60 mi. $4.75 Wage $16.82 $18.82 $18.82 $18.82 $18.82 $18.82 $18.82 $18.82 $18.82 $18.82 Benefit $7.85 $7.85 $7.85 $7.85 $7.85 $7.85 $7.85 $7.85 $7.85 $7.85 PLUMBER, PIPEFITTER AND STEAMFITTERS District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 Distrlct 9 District 10 Wage $24.70 $24.31 $24.70 $24.41 $24.70 $24.70 $24.70 $24.70 $24.70 $24.70 Travel Districts 1 & 2 0-30 mi. free zone 3 a-50 mi. $151day 50-75 mi. S30lday Over 75 mi. $451day Per Diem $45ldey Travel - - - Benefit $9.55 $9.43 $9.55 $9.55 $9.55 $9.55 $9.55 $9.55 $9.55 $9.55 - Travel Districts 3, 4, 5, 6 0-30 mi. free zone 30-50 mi. $15ldey 50-75mi. $30/day Over 75 mi. $451dey Per Diem $451day 25 - - - - - - DJatrtc:ts 7, 8, 9, 10 $ .4OJmile from point of dispatch and return Per Diem $e5lday . Occupation: Assemble, install, ailer, and repa if pipelines or pipe systems that carry water, steam, air, other liquids or gases. May install heating and oooling equipment and mechanical oonIrol systems. 26 - - - - - - - - - - ROOFER District 1 DistrlcU District :s DIstrict 4 DIstrict 5 District 6 District 1 District 8 District S District 10 - - Wage $13.20 $17.80 $14.40 $14.92 $20.45 $13.57 $13.50 $13.50 $20.45 $20.45 Travel Districts 1 & 2 0-50 mi. free zone OVer 50 mt $.25/mi. Per Diem $50 per overnight on job $20 on last day of ovem ight job Travel District 3 One W9If on employer's time Per Diem $23Jday Travel Districts 4-10 0-60 free zone Over 60 mi. straight time Per Diem $321day or actual expenses - Benefit $6.35 $6.35 $3.29 $3.78 $6.35 $3.72 $6.35 $6.35 $6.35 $6.35 - - 27 - - - - - - - - SHEET METAL WORKER District 1 District 2 DIstrict 3 District 4 Dlatrlct 5 District 6 District 7 District 8 DistrictS DIstrIct 10 Wage $21.33 $22.15 $22.15 $22.15 $22.15 $17.21 $22.15 $17.31 $22.15 $22.15 Benefit $12.33 $11.54 $12.23 $12.23 $12.23 $5.19 $12.23 $8.43 $12.23 $12.23 Travel All Districts 0-30 mi. free zone Over 31 mi. $.251mi. employe~s vehicle Over 31 mi. $.55/mi, employee's vehicle Per Diem $40/day SPRINKLER FITTER District 1 District 2 District 3 District 4 DIstrict 5 District 6 District 1 District 8 Dlltrlct 9 District 10 Wage $25.15 $25.15 $25.15 $25.15 $25.15 $25.15 $25.15 $25.15 $25.15 $25.15 Travel All Districts Q..6O mi. free zone 60-80 mi. $10/day 80-100 mi. $181day Over 100 mi. $50/day Benefit $11,00 $11.00 $11.00 $11.00 $11.00 $11.00 $11.00 $11.00 $11.00 $11.00 - 28 - - - - STONEMASON District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 District 9 District 10 Wage $23.26 $23.26 $18.00 $16.00 $21.80 $16.00 $21.23 $21.23 $21.23 $21.23 Travel DIstricts 1 & 2 0-25 mi. free zone 25-34 mi. $12fday 35-59 mi. $24/day 60-89 mi. $381day 90-124 mi. $4B/day Over 125 mi. $6O/day Travel District 4 0-25 mi. free zone 25-85 mi. $.40/mi. Over 85 mi. $4O/day Travel District 6 0-20 mi. free zone 20-30 mi. $17/day 30-70 mi. $22fday Over 70 mi. $35/day - - - Benefit $8.55 $8.55 $1.25 $1.25 $8.30 $1.25 $7.65 $7.65 $7.65 $7.65 - Travel Dlstrl ct 3 0-40 mi. free zone 41-60 mi. $25/day 61-90 mi. $S5/day 91-120 mi. $50/day Over 120 mi. $SO/day Travel District 5 0-20 free zone 21-40 mL 1/2 hr. pay 40-60 mi. 1 hr. pay Over 60 mi. 1 & % hrs. pay Travel Districts 7-10 0-20 mi. free zone 20-35 mL $17/day 35-55 mi. $22fday Over 55 mi. $4OJday 29 - - - - - - TAPER District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 District 9 District 10 Wage $17.71 $17.71 $17.71 $17.71 $17.71 $17.71 $17.71 $17.71 $17.71 $17.71 Benefit $6.20 $6.20 $ 6.20 $ 6.20 $ 6.20 $ 6.20 $6.20 $ 6.20 $ 6.20 $6.20 Travel 0-30 mi. free zone 30-60 mi. 2.95/hour over 60mi 4.75/hour TEAMSTERS GROUP 2 DIstrict 1 DIstrict 2 District 3 District 4 District 5 District 6 District 7 District 8 District 9 District 10 Wage $16.35 $16.37 $19.55 $17.09 $18.48 $17.41 $11>.55 $16.78 $19.55 $19.55 Benefit $3.90 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 $5.50 Travel All Districts 0-40 mi. free zone ove r-40 mi $ 60/day . Occupations: Dump Truck Driver, Heavy Truck Light Truck Driver Road Oiling Truck Driver Tractor Trailer Truck Driver Warehouse worker and Water Truck Driver - - - - 30 - - - - - - - - - - TELECOMMUNICATIONS EQUIPMENT INSTALLERS District 1 District 2 District 3 DlstrlcU District 5 District 6 District 7 District 8 District 9 District 10 - Wage $19.52 $19.52 $19.52 $19.52 $19.52 $19.52 $19.52 $19.52 $19.52 $19.52 Benefit $6.49 $6.49 $6.49 $6.49 $6.49 $6.49 $6.49 $6.49 $6.49 $6.49 Travel All Districts Federal mileage reimbursement rate each way Pe r Diem: Over night slay only ore imbu rsemem Not to exceed $65 per day Occupations Service, repair, install telap hones and other co mmunication Equipment or install wiring and phone jacks. TILE SETTER District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 District 9 District 10 Wage $20.00 $20.00 $17.00 $17.00 $20.00 $17.00 $17.00 $17.00 $17.00 $17.00 Benefit $3.20 $3.20 $8.75 $8.75 $3.20 $8.75 $8.75 $8.75 $8.75 $8.75 Travel All Districts Q-4O mi. free zone Over 40mi $6O.0atday OCCUplltlons Apply hard tile, marble, and wood tile To walls, floors, ceilings, and roof decks 31 - - - - - - - - - - - - - I I I I I I I I I I I I I I I, I I I I BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF SECTION 01100 - SUMMARY PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 WORK COVERED BY CONTRACT DOCUMENTS A. Project Location: 1. 255 Moss Bridge Road, Bozeman, Montana 2. Owner: City of Bozeman B. Project Identification: Project consists of demolition of old roofing system and replacing with new TPO system on 7 buildings with a total area of approximately 8600 sf. Specific buildings to be re-roofed at the Waste Water Treatment Facility are: I. Lift Station No.2 2. Floatation Thickener Building 3. Lift Station No.1 4. Recycle Sludge Building 5. Maintenance Building 6. Scum Pit Building 7. Pretreatment Building C. Architect Identification: The Contract Documents were prepared for the Project by ThinkOne, 101 East Main Street, Bozeman, MT 59715. D. Project Coordinator: Tom Adams has been appointed by Owner to serve as Project Coordinator. E. Project Engineer: Bob Murray has been appointed by Owner to serve as Project Engineer. 1.3 CONTRACT A. Project will be constructed under a general construction contract. 1.4 WORK SEQUENCE A. The Work shall be conducted in one continuous phase. 1.5 USE OF PREMISES SUMMARY 01100-1 BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROQF A. General: Contractor shall have partial use of premises for construction operations, including use of Project site, during construction period. 1.6 SPECIFICATION FORMATS AND CONVENTIONS A. Specification Format: The Specifications are organized into Divisions and Sections using the 16-division format and CSI/CSC's "MasterFormat" numbering system. 1. Section Identification: The Specifications use section numbers and titles to help cross- referencing in the Contract Documents. Sections in the Project Manual are in numeric sequence; however, the sequence is incomplete. Consult the table of contents at the beginning of the Project Manual to determine numbers and names of sections in the Contract Documents. B. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows: 1. Abbreviated Language: Language used in the Specifications and other Contract Documents is abbreviated. Words and meanings shall be interpreted as appropriate. Words implied, but not stated, shall be inferred as the sense requires. Singular words shall be interpreted as plural, and plural words shall be interpreted as singular where applicable as the context of the Contract Documents indicates. 2. Imperative mood and streamlined language are generally used in the Specifications. Requirements expressed in the imperative mood are to be performed by Contractor. Occasionally, the indicative or subjunctive mood may be used in the Section Text for clarity to describe responsibilities that must be fulfilled indirectly by Contractor or by others when so noted. a. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or phrase. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 0 1100 SUMMARY 01100-2 I I I I I I I I I I I I I I I I I I I I I I I I I I: I I I I I I I I I I I I BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF SECTION 01140 ~ WORK RESTRICTIONS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 USE OF PREMISES A. Use of Site: Limit use of premises to work in areas indicated. Do not disturb portions of site beyond areas in which the Work is indicated. I. Limits: Confine construction operations to areas indicated on plans for designated work. 2. Owner Occupancy: Allow for Owner occupancy of site and to all adjacent buildings. 3. Driveways and Entrances: Keep driveways and entrances serving premises clear and available to Owner, Owner's employees, and emergency vehicles at all times. Do not use these areas for parking or storage of materials. a. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on~site. B. Use of Existing Building: Maintain existing building in a weathertight condition throughout construction period. Repair damage caused by construction operations. Protect building and its occupants during construction period. 1.3 OCCUPANCY REQUIREMENTS A. Full Owner Occupancy: Owner will occupy site and existing building during entire construction period. Cooperate with Owner during construction operations to minimize conflicts and facilitate Owner usage. Perform the Work so as not to interfere with Owner's operations. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 01140 WORK RESTRICTIONS 01140 - 1 I I' I I I' I I: I I I I I I.: I I, I I I I BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF SECTION 01250 - CONTRACT MODIFICATION PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and procedural requirements for handling and processing Contract modifications. 1.3 MINOR CHANGES IN THE WORK A. Architect will issue through Construction Manager supplemental instructions authorizing Minor Changes in the Work, not involving adjustment to the Contract Sum or the Contract Time, on AlA Document G71O, "Architect's Supplemental Instructions." 1.4 PROPOSAL REQUESTS A. Owner~Initiated Proposal Requests: Architect will issue a detailed description of proposed changes in the Work that may require adjustment to the Contract Sum or the Contract Time. If necessary, the description will include supplemental or revised Drawings and Specifications. I. Proposal Requests issued by Architect are for information only. Do not consider them instructions either to stop work in progress or to execute the proposed change. 2. Within time specified in Proposal Request after receipt of Proposal Request, submit a quotation estimating cost adjustments to the Contract Sum and the Contract Time necessary to execute the change. a. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. c. Include an updated Contractor's Construction Schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. B. Contractor-Initiated Proposals: If latent or unforeseen conditions require modifications to the Contract, Contractor may propose changes by submitting a request for a change to Construction Manager. CONTRACT MODIFICATION PROCEDURES 01250 - 1 BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF 1. Include a statement outlining reasons for the change and the effect of the change on the Work. Provide a complete description of the propOsed change. Indicate the effect of the proposed change on the Contract Sum and the Contract Time. 2. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. 3. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. 4. Include an updated Contractor's Construction Schedule that indicates the effect of the change, including. but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. 5. Comply with requirements in Division 1 Section "Product Requirements" if the proposed change requires substitution of one product or system for product or system specified. 1.5 CHANGE ORDER PROCEDURES A. The Owner will review all proposal requests. Changes to the contract sum shall be approved in accordance with City of Bozeman policies, including City Commission approval. A contract change order shall be issued by the Owner prior to commencement of Contractor's activities. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 01250 CONTRACT MODIFICATION PROCEDURES 01250 - 2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I: I I, I, I I I BOZEMAN WASTE WATER TREA TMENT FACILITY RE-ROOF SECTION 01290 - PAYMENT PROCEDURES PART 1 - GENERAL 1.1 RELA TED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and procedural requirements necessary to prepare and process Applications for Payment. 1.3 APPLICATIONS FOR PAYMENT A. Each Application for Payment shall be consistent with previous applications and payments as certified by Architect and paid for by Owner. 1. Initial Application for Payment, Application for Payment at time of Substantial Completion, and final Application for Payment involve additional requirements. B. Payment Application Times: The date for each progress payment is indicated in the Agreement between Owner and Contractor. The period of construction Work covered by each Application for Payment is the period indicated in the Agreement. C. Payment Application Forms: Use AlA Document G702 and AlA Document G703 Continuation Sheets as form for Applications for Payment. D. Application Preparation: Complete every entry on form. Notarize and execute by a person authorized to sign legal documents on behalf of Contractor. Architect will return incomplete applications without action. 1. Entries shall match data on the Schedule of Values and Contractor's Construction Schedule. Use updated schedules if revisions were made. 2. Include amounts of Change Orders and Construction Change Directives issued before last day of construction period covered by application. E. Transmittal: Submit 3 signed and notarized original copies of each Application for Payment to Architect. One copy shall include waivers of lien and similar attachments if required. I. Transmit each copy with a transmittal form listing attachments and recording appropriate information about application. F. Waivers of Mechanic's Lien: With each Application for Payment, submit waivers of mechanic's liens from subcontractors, sub-subcontractors, and suppliers for construction period covered by the previous application. PAYMENT PROCEDURES 01290 - I BOZEMAN W ASTE WATER TREATMENT F ACll-ny RE-ROOF 1. Submit partial waivers on each item for amount requested, before deduction for retainage, on each item. 2. When an application shows completion of an item, submit final or full waivers. 3. Owner reserves the right to designate which entities involved in the Work must submit waIvers. 4. Waiver Delays: Submit each Application for Payment with Contractor's waiver of mechanic's lien for construction period covered by the application. a. Submit final Application for Payment with or preceded by final waivers from every entity involved with performance of the Work covered by the application who is lawfully entitled to a lien. 5. Waiver Forms: Submit waivers of lien on forms, executed in a manner acceptable to Owner. G. Initial Application for Payment: Administrative actions and submittals that must precede or coincide with submittal of first Application for Payment include the following: 1. List of subcontractors. 2. Contractor's Construction Schedule. H. Application for Payment at Substantial Completion: After issuing the Certificate of Substantial Completion, submit an Application for Payment showing 100 percent completion for portion of the Work claimed as substantially complete. 1. Include documentation supporting claim that the Work is substantially complete and a statement showing an accounting of changes to the Contract Sum. 2. This application shall reflect Certificates of Partial Substantial Completion issued previously for Owner occupancy of designated portions of the Work. I. Final Payment Application: Submit final Application for Payment with releases and supporting documentation not previously submitted and accepted, including, but not limited, to the following: 1. Evidence of completion of Project closeout requirements. 2. Insurance certificates for products and completed operations where required and proof that taxes, fees, and similar obligations were paid. 3. Updated final statement, accounting for fmal changes to the Contract Sum. 4. AlA Document 0706, "Contractor's Affidavit of Payment of Debts and Claims." 5. AlA Document 0706A, "Contractor's Affidavit of Release of Liens." 6. AlA Document 0707, "Consent of Surety to Final Payment." 7. Evidence that claims have been settled. 8. Final meter readings for utilities, a measured record of stored fuel, and similar data as of date of Substantial Completion or when Owner took possession of and assumed responsibility for corresponding elements of the Work. 9. Final, liquidated damages settlement statement. PART 2 - PRODUCTS (Not Used) PAYMENT PROCEDURES 01290 - 2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I, I I; I, I I I BOZEMAN WASTE WATER TREA TMENT FACILITY RE-ROOF PART 3 - EXECUTION (Not Used) END OF SECTION 01290 PAYMENT PROCEDURES 01290 - 3 I I I I I' I I I I I I I I', .~j, I I, I, I I: I BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF SECTION 01310 - PROJECT MANAGEMENT AND COORDINA nON PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative provisions for coordinating construction operations on Project including, but not limited to, the following: I. General project coordination procedures. 2. Coordination Drawings. 3. Administrative and supervisory personnel. 4. Project meetings. B. Each contractor shall participate in coordination requirements. Certain areas of responsibility will be assigned to a specific contractor. 1.3 COORDINA nON A. Coordination: Coordinate construction operations included in various Sections of the Specifications to ensure efficient and orderly installation of each part of the Work. Coordinate construction operations, included in different Sections, that depend on each other for proper installation, connection, and operation. I. Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before or after its own installation. 2. Coordinate installation of different components with other contractors to ensure maximum accessibility for required maintenance, service, and repair. 3. Make adequate provisions to accommodate items scheduled for later installation. B. If necessary, prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required notices, reports, and list of attendees at meetings. 1. Prepare similar memoranda for Owner and separate contractors if coordination of their Work is required. C. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities and activities of other contractors to avoid conflicts and to ensure orderly progress of the Work. Such administrative activities include, but are not limited to, the following: PROJECT MANAGEMENT AND COORDINATION 01310 - I BOZEMAN WASTE WATER TREA lMENT FACILITY RE-ROOF 1. Preparation of Contractor's Construction Schedule. 2. Installation and removal of temporary facilities and controls. 3. Delivery and processing of submittals. 4. Project closeout activities. D. Conservation: Coordinate construction activities to ensure that operations are carried out with consideration given to conservation of energy, water, and materials. 1. Salvage materials and equipment involved in performance of, but not actually incorporated into, the Work. 1.4 PROJECT MEETINGS A. General: Schedule and conduct meetings and conferences at Project site, unless otherwise indicated. 1. Attendees: Inform participants and others involved, and individuals whose presence is required, of date and time of each meeting. Notify Owner and Architect of scheduled meeting dates and times. 2. Agenda: Prepare the meeting agenda. Distribute the agenda to all invited attendees. 3. Minutes: Record significant discussions and agreements achieved. Distribute the meeting minutes to everyone concerned, including Owner and Architect, within 5 days of the meeting. B. Preconstruction Conference: Schedule a preconstruction conference before starting construction, at a time convenient to Owner and Architect. a. Progress cleaning. b. Working hours~ PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 01310 PROJECT MANAGEMENT AND COORDINATION 01310-2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I: I; I I I~ I I I BOZEMAN WASTE WATER TREA TMENT FACILITY RE-ROOF SECTION 01320 - CONSTRUCTION PROGRESS DOCUMENTATION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division I Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for documenting the progress of construction during performance of the Work, including the following: 1. Contractor's Construction Schedule. PART 2 -PRODUCTS 2.1 CONTRACTOR'S CONSTRUCTION SCHEDULE (GANTT CHART) A. Gantt-Chart Schedule: Submit a comprehensive, fully developed, horizontal Gantt-chart-type, Contractor's Construction. Schedule within 5 days of date established for the Notice to Proceed. Base schedule on the Preliminary Construction Schedule and whatever updating and feedback was received since the start of Project. PART 3 - EXECUTION END OF SECTION 01320 CONSTRUCTION PROGRESS DOCUMENTATION 01320 - 1 I' I' I 1 I" I I~ I' I 1- I~ I, I I,: I~ I' " -, I' I!, I BOZEMAN WASTE WATER TREATMENT F ACILITYRE-ROOF SECTION 01330 - SUBMITTAL PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other miscellaneous submittals. 1.3 DEFINITIONS A. Action Submittals: Written and graphic information that requires Architect's responsive action. B. Informational Submittals: Written information that does not require Architect's approval. Submittals may be rejected for not complying with requirements. 1.4 SUBMITTAL PROCEDURES A. General: Electronic copies of CAD Drawings of the Contract Drawings will not be provided by Architect for Contractor's use in preparing submittals. B. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 2. Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination. a. Architect reserves the right to withhold action on a submittal requlflng coordination with other submittals until related submittals are received. C. Processing Time: Allow enough time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Architect's receipt of submittal. ] . Initial Review: Allow 15 days for initial review of each submittal. Allow additional time if processing must be delayed to permit coordination with subsequent submittals. Architect will advise Contractor when a submittal being processed must be delayed for coordination. SUBMITTAL PROCEDURES 01330 - ] BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF 2. Concurrent Review: Where concurrent review of submittals by Architect's consultants, Owner, or other parties is required, allow 21 days for initial review of each submittal. 3. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing. D. Identification: Place a permanent label or title block on each submittal for identification. E. Deviations: Highlight, encircle, or otherwise identifY deviations from the Contract Documents on submittals. F. Additional Copies: Unless additional copies are required for final submittal, and unless Architect observes noncompliance with provisions of the Contract Documents, initial submittal may serve as fmal submittal. 1. Submit one copy of submittal to concurrent reviewer in addition to specified number of copies to Architect. 2. Additional copies submitted for maintenance manuals will [not] be marked with action taken and will be returned. G. Transmittal: Package each submittal individually and appropriately for transmittal and handling. Transmit each submittal using a transmittal form. Architect will return submittals, without review, received :from sources other than Contractor. H. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary for performance of construction activities. Show distribution on transmittal forms. PART 2 - PRODUCTS 2.1 ACTION SUBMITTALS A. General: Prepare and submit Action Submittals required by individual Specification Sections. 1. Number of Copies: Submit five copies of each submittal, unless otherwise indicated. Architect, will return three copies. Mark up and retain one returned copy as a Project Record Document. B. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. 1. If information must be specially prepared for submittal because standard printed data are not suitable for use, submit as Shop Drawings, not as Product Data. 2. Mark each copy of each submittal to show which products and options are applicable. 3. Include the following information, as applicable: a. Manufacturer's written recommendations. b. Manufacturer's product specifications. c. Manufacturer's installation instructions. d. Standard color charts. SUBMITTAL PROCEDURES 01330 - 2 I I I I I I I I I I I I I I I I I I I I I I I I" I I I I I I I 10 I I,. I I I, I BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF e. Manufacturer's catalog cuts. f. Wiring diagrams showing factory-installed wiring. g. Printed performance curves. h. Operational range diagrams. 1. Mill reports. j. Standard product operating and maintenance manuals. k. Compliance with recognized trade association standards. 1. Compliance with recognized testing agency standards. m. Application of testing agency labels and seals. n. Notation of coordination requirements. C. Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data. 1. Preparation: Include the following infonnation,as applicable: a. Dimensions. b. Identification of products. c. Fabrication and installation drawings. d. Roughing-in and setting diagrams. e. Wiring diagrams showing field-installed wiring, including power, signal, and control wiring. f. Shopwork manufacturing instructions. g. Templates and patterns. h. Schedules. 1. Design calculations. J. Compliance with specified standards. k. Notation of coordination requirements. 1. Notation of dimensions established by field measurement. D. Coordination Drawings: Comply with requirements in Division 1 Section "Project Management and Coordination." E. Samples: Prepare physical units of materials or products, including the following: 1. Samples for Verification: Submit full-size units or Samples of size indicated, prepared from the same material to be used for the Work, cured and fmished in manner specified, and physically identical with the product proposed for use, and that show full range of color and texture variations expected. Samples include, but are not limited to, the following: partial sections of manufactured or fabricated components; small cuts or containers of materials; complete units of repetitively used materials; swatches showing color, texture, and pattern; color range sets; and components used for independent testing and inspection. F. Subcontract List: Prepare a written summary identifying individuals or firms proposed for each portion of the Work, including those who are to furnish products or equipment fabricated to a special design. Use CSI Form I.SA. Include the following information in tabular fonn: 1. Name, address, and telephone number of entity perfonning subcontract or supplying products. 2. Number and title of related Specification Section(s) covered by subcontract. SUBMITTAL PROCEDURES 01330 - 3 BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF 3. Drawing number and detail references, as appropriate, covered by subcontract. PART 3 - EXECUTION 3.1 CONTRACTOR'S REVIEW A. Review each submittal and check for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Architect. B. Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents. 3.2 ARCmTECT'S ACTION A. General: Architect will not review submittals that do not bear Contractor's approval stamp and will return them without action. B. Action Submittals: Architect will review each submittal, make marks to indicate corrections or modifications required, and return it. Architect will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action taken, as follows: 1. No exception taken. 2. Make corrections noted. 3. Rejected. 4. Revise and Resubmit. 5. Submit specified item. C. Informational Submittals: Architect will review each submittal and will not return it, or will reject and return it if it does not comply with requirements. Architect will forward each submittal to appropriate party. D. Submittals not required by the Contract Documents will not be reviewed and may be discarded. END OF SECTION 01330 SUBMITTAL PROCEDURES 01330 - 4 I I I I I I I I I I I I I I I I I I I I I I I I' I I I I I I I I: I' I:, I' I I I BOZEMAN WASTE WATER TREA TMENT FACILITY RE-ROOF SECTION 01400 - QUALITY REQUIREMENTS PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for quality assurance and quality control. B. Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with the Contract Document requirements. 1. Specific quality-control requirements for individual construction activities are specified in the Sections that specifY those activities. Requirements in those Sections may also cover production of standard products. 2. Specified tests, inspections, and related actions do not limit Contractor's quality-control procedures that facilitate compliance with the Contract Document requirements. 3. Requirements for Contractor to provide quality-control services required by Architect, Owner, or authorities having jurisdiction are not limited by provisions of this Section. 1.3 QUALITY CONTROL A. Contractor Responsibilities: Unless otherwise indicated, provide quality-control services specified and required by authorities having jurisdiction. 1. Where services are indicated as Contractor's responsibility, engage a qualified testing agency to perform these quality-control services. a. Contractor shall not employ the same entity engaged by Owner, unless agreed to in writing by Owner. 2. Where quality-control services are indicated as Contractor's responsibility, submit a certified written report, in duplicate, of each quality-control service. 3. Testing and inspecting requested by Contractor and not required by the Contract Documents are Contractor's responsibility. 4. Submit additional copies of each written report directly to authorities having jurisdiction, when they so direct. B. Special Tests and Inspections: Owner will engage a testing agency to conduct special tests and inspections required by authorities having jurisdiction as the responsibility of Owner. QUALITY REQUIREMENTS 01400 - I BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF 1. Testing agency will notifY Architect and Contractor promptly of irregularities and deficiencies observed in the Work during performance of its services. 2. Testing agency will submit a certified written report of each test, inspection, and similar quality-control service to Architect with copy to Contractor and to authorities having jurisdiction. 3. Testing agency will interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from the Contract Documents. 4. Testing agency will retest and reinspect corrected work. C. Manufacturer's Field Services: Where indicated, engage a factory-authorized service representative to inspect field-assembled components and equipment installation, including service connections. Report results in writing. D. RetestinglReinspecting: Regardless of whether original tests or inspections were Contractor's responsibility, provide quality-control services, including retesting and reinspecting. for construction that revised or replaced Work that failed to comply with requirements established by the Contract Documents. E. Testing Agency Responsibilities: Cooperate with Architect and Contractor in perfonnance of duties. Provide qualified personnel to perform required tests and inspections. 1. Notify Architect and Contractor promptly of irregularities or deficiencies observed in the Work during performance of its services. 2. Interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from requirements. 3. Submit a certified written report, in duplicate, of each test, inspection, and similar quality-control service through Contractor. 4. Do not release, revoke, alter, or increase requirements of the Contract Documents or approve or accept any portion of the Work. 5. Do not perform any duties of Contractor. F. Coordination: Coordinate sequence of activities to accommodate required quality-assurance and quality-control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting. 1. Schedule times fOf tests, inspections, obtaining samples, and similar activities. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 REPAIR AND PROTECTION A. General: On completion of testing, inspecting, sample taking, and similar services, repair damaged construction and restore substrates and :fmishes. QUALITY REQUIREMENTS 01400 - 2 I I I I I I I I I I I I I I I I I I I 'I I I I , I - I ~. .: I 'I I I I % I il ~. I I I - I BOZEMAN WASTE WATER TREATMENT FACllJTY RE-ROOF 1. Provide materials and comply with installation requirements specified in other Sections of these Specifications. Restore patched areas and extend restoration into adjoining areas in a manner that eliminates evidence of patching. 2. Comply with the Contract Document requirements for Division 1 Section "Cutting and Patching. " B. Protect construction exposed by or for quality-control service activities. C. Repair and protection are Contractor's responsibility, regardless of the assignment of responsibility for quality-control services. END OF SECTION 01400 QUALITY REQUIREMENTS 01400 - 3 I I I , I , , I I I I I, I- I I I I I I BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF SECTION 01700 - EXECUTION REQUIREMENTS PART I - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division I Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes general procedural requirements governing execution of the Work including, but not limited to, the following: I. Examination 2. Preparation 3. Construction layout. 4. Field engineering 5. Installation 6. Progress cleaning. 7. Starting and adjusting. 8. Protection of installed construction. 9. Correction ofthe Work. PART 2 - EXECUTION 2.1 EXAMINATION A. Existing Conditions: The existence and location of site improvements, utilities, and other construction indicated as existing are not guaranteed. Before beginning work, investigate and verifY the existence and location of mechanical and electrical systems and other construction affecting the Work. 1. Before construction, verifY the location and points of connection of utility services. B. Existing Utilities: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning sitework, investigate and verifY the existence and location of underground utilities and other construction affecting the Work. I. Before construction, verifY the location and invert elevation at points of connection of sanitary sewer, storm sewer, and water-service piping; and underground electrical services. 2. Furnish location data for work related to Project that must be performed by public utilities serving Project site. EXECUTION REQUIREMENTS 01700 - I 2.2 2.3 BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF PREPARATION A. Existing Utility Information: Furnish information to Owner that is necessary to adjust, move, or relocate existing utility structures, utility poles, lines, services, or other utility appurtenances located in or affected by construction. Coordinate with authorities having jurisdiction. B. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated: 1. Notify Owner not less than two days in advance of proposed utility interruptions. 2. Do not proceed with utility interruptions without Owner's written permission. C. Field Measurements: Take field measurements as required to fit the Work properly. Recheck measurements before installing each product. Where portions of the Work are ihdicated to fit to other construction, verify dimensions of other construction by field measurements before fabrication. Coordinate fabrication schedule with construction progress to avoid delaying the Work. D. Space Requirements: Verify space requirements and dimensions of items shown diagrammatically on Drawings. CONSTRUCTION LAYOUT A. Verification: Before proceeding to layout the Work, verify layout information shown on Drawings, in relation to the property survey and existing benchmarks. If discrepancies are discovered, notify Architect promptly. I. Establish benchmarks and control points to set lines and levels at each story of construction and elsewhere as needed to locate each element of Project. 2. Establish dimensions within tolerances indicated. Do not scale Drawings to obtain required dimensions. 3. Inform installers oflines and levels to which they must comply. 4. Check the location, level and plumb, of every major element as the Work progresses. 5. Notify Architect when deviations from required lines and levels exceed allowable tolerances. 6. Notify architect if existing structure condition varies from design drawings. 7. Notify architect if quality of roof substrate is in poor condition or other variation exists. B. Building Lines and Levels: Locate and layout control lines and levels for structures, building foundations, column grids, and floor levels, including those required for mechanical and electrical work. Transfer survey markings and elevations for use with control lines and levels. Level foundations and piers from two or more locations. c. Record Log: Maintain a log of layout control work. Record deviations from required lines and levels. Include beginning and ending dates and times of surveys, weather conditions, name and duty of each survey party member, and types of instruments and tapes used. Make the log available for reference by Architect. EXECUTION REQUIREMENTS 01700-2 I !I I I :,1 ,I :1 'I I 'I I I :1 I I I I I I I I' I I I: I' I, I I I' I I: I, I I, I:' I I I: BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF 2.4 FTELDENGINEERING A. Identification: Owner will identify existing benchmarks, control points, and property corners. B. Reference Points: Locate existing permanent benchmarks, control points, and similar reference points before beginning the Work. Preserve and protect permanent benchmarks and control points during construction operations. 1. Do not change or relocate existing benchmarks or control points without prior written approval of Architect. Report lost or destroyed permanent benchmarks or control points promptly. Report the need to relocate permanent benchmarks or control points to Architect before proceeding. 2. Replace lost or destroyed permanent benchmarks and control points promptly. Base replacements on the original survey control points. 2.5 INSTALLATION A. General: Locate the Work and components of the Work accurately, in correct alignment and elevation, as indicated. 1. Make vertical work plumb and make horizontal work level. 2. Where space is limited, install components to maximize space available for maintenance and ease of removal for replacement. 3. Conceal pipes, ducts, and wiring in finished areas, unless otherwise indicated. B. Comply with manufacturer's written instructions and recommendations for installing products in applications indicated. C. Install products at the time and under conditions that will ensure the best possible results. Maintain conditions required for product performance until Substantial Completion. D. Conduct construction operations so no part of the Work is subjected to damaging operations or loading in excess of that expected during normal conditions of occupancy. E. Tools and Equipment: Do not use tools or equipment that produce harmful noise levels. F. Anchors and Fasteners: Provide anchors and fasteners as required to anchor each component securely in place, accurately located and aligned with other portions of the Work. 1. Mounting Heights: Where mounting heights are not indicated, mount components at heights directed by Architect. 2. Allow for building movement, including thermal expansion and contraction. G. Joints: Make joints of uniform width. Where joint locations in exposed work are not indicated, arrange joints for the best visual effect. Fit exposed connections together to form hairline joints. H. Hazardous Materials: Use products, cleaners, and installation materials that are not considered hazardous. EXECUTION REQUIREMENTS 01700 - 3 2.6 BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF PROGRESS CLEANING A. General: Clean Project site and work areas daily, including common areas. Coordinate progress cleaning for joint-use areas where more than one installer has worked. Enforce requirements strictly. Dispose of materials lawfully. 1. 2. 3. B. Site: 1. Comply with requirements in NFP A 241 for removal of combustible waste materials and debris. Do not hold materials more than 7 days during normal weather or 3 days if the temperature is expected to rise above 80 deg F (27 deg C). Containerize hazardous and unsanitary waste materials separately from other waste. Mark containers appropriately and dispose of legally, according to regulations. Maintain Project site free of waste materials and debris. Secure all loose material to ensure debris does not enter any sewer treatment facility. Any damage to waste water treatment equipment or operations that occurs due to construction debris will be the responsibility of the contractor. C. Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for proper execution of the Work. 1. Remove liquid spills promptly. 2. Where dust would impair proper execution of the Work, broom-clean or vacuum the entire work area, as appropriate. D. Installed Work: Keep installed work clean. Clean installed surfaces according to written instructions of manufacturer or fabricator of product installed, using only cleaning materials specifically recommended. If specific cleaning materials are not recommended, use cleaning materials that are not hazardous to health or property and that will not damage exposed surfaces. E. Concealed Spaces: Remove debris from concealed spaces before enclosing the space. F. Exposed Surfaces: Clean exposed surfaces and protect as necessary to ensure freedom from damage and deterioration at time of Substantial Completion. G. Cutting and Patching: Clean areas and spaces where cutting and patching are performed. Completely remove paint, mortar, oils, putty, and similar materials. 1. Thoroughly clean before applying paint or other fmishing materials. Restore damaged pipe covering to its original condition. H. Waste Disposal: Burying or burning waste materials on-site will not be permitted. Washing waste materials down sewers or into waterways will not be permitted. I. During handling and installation, clean and protect construction in progress and adjoining materials already in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion. EXECUTION REQUIREMENTS 01700-4 I I II I I I I I I I I I I I I I I I I I- I I I I I I I I I I I" I'~ I" I~ 1.- I I. I BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF J. Clean and provide maintenance on completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. K. Limiting Exposures: Supervise construction operations to assure that no part of the construction, completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period. 2.7 STARTING AND ADJUSTING A. Manufacturer's Field Service: If a factory-authorized service representative is required to inspect field-assembled components and equipment installation, comply with qualification requirements in Division 1 Section "Quality Requirements." 2.8 PROTECTION OF INSTALLED CONSTRUCTION A. Provide final protection and maintain conditions that ensure installed Work is without damage or deterioration at time of Substantial Completion. B. Comply with manufacturer's written instructions for temperature and relative humidity. 2.9 CORRECTION OF TIffi WORK A. Repair or remove and replace defective construction. Restore damaged substrates and finishes. Comply with requirements in Division 1 Section "Cutting and Patching." 1. Repairing includes replacing defective parts, refinishing damaged surfaces, touching up with matching materials, and properly adjusting operating equipment. B. Restore pennanent facilities used during construction to their specified condition. C. Remove and replace damaged surfaces that are exposed to view if surfaces cannot be repaired without visible evidence of repair. D. Repair components that do not operate properly. Remove and replace operating components that cannot be repaired. E. Remove and replace chipped, scratched, and broken glass or reflective surfaces. END OF SECTION 01700 EXECUTION REQUIREMENTS 01700 - 5 I I I I I I I- I I I I I: I: I' I~ I I' I I BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF SECTION 01731 - CUTTING AND P A TClliNG PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes procedural requirements for cutting and patching. 1.3 DEFINITIONS A. Cutting: Removal of existing construction necessary to permit installation or performance of other Work. B. Patching: Fitting and repair work required to restore surfaces to original conditions after installation of other Work. 1.4 SUBMITTALS A. Cutting and Patching Proposal: Submit a proposal describing procedures at least 10 days before the time cutting and patching will be performed, requesting approval to proceed. Include the following information: 1. Extent: Describe cutting and patching, show how they will be perfonned, and indicate why they cannot be avoided. 2. Products: List products to be used and finns or entities that will perfonn the Work. 3. Dates: Indicate when cutting and patching will be performed. 4. Utilities: List utilities that cutting and patching procedures will disturb or affect. List utilities that will be relocated and those that will be temporarily out of service. Indicate how long service will be disrupted. 5. Structural Elements: Where cutting and patching involve adding reinforcement to structural elements, submit details and engineering calculations showing integration of reinforcement with original structure. 6. Architect's Approval: Obtain approval of cutting and patching proposal before cutting and patching. Approval does not waive right to later require removal and replacement of unsatisfactory work. 1.5 QUALITY ASSURANCE A. Structural Elements: Do not cut and patch structural elements in a manner that could change their load-carrying capacity or load-deflection ratio. eUITING AND PATCHING 01731 - 1 BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF B. Operational Elements: Do not cut and patch operating elements and related components in a manner that results in reducing their capacity to perform as intended or that results in increased maintenance or decreased operational life or safety. 1. Primary operational systems and equipment. 2. Air or smoke barriers. 3. Fire-protection systems. 4. Control systems. 5. Communication systems. 6. Electrical wiring systems. C. Miscellaneous Elements: Do not cut and patch the following elements or related components in a manner that could change their load-carrying capacity, that results in reducing their capacity to perform as intended, or that results in increased maintenance or decreased operational life or safety . 1. Water, moisture, or vapor barriers. 2. Membranes and flashings. 3. Equipment supports. D. Visual Requirements: Do not cut and patch construction in a manner that results in visual evidence of cutting and patching. Do not cut and patch construction exposed on the exterior or in occupied spaces in a manner that would, in Architect's opinion, reduce the building's aesthetic qualities. Remove and replace construction that has been cut and patched in a visually unsatisfactory manner. 1. If possible, retain original Installer or fabricator to cut and patch exposed Work listed below. If it is impossible to engage original Installer or fabricator, engage another recognized, experienced, and specialized rum. 1.6 WARRANTY A. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during cutting and patching operations, by methods and with materials so as not to void existing warranties. PART 2 - PRODUCTS 2.1 MATERIALS A. General: Comply with requirements specified in other Sections ofthese Specifications. PART 3 - EXECUTION 3.1 EXAMINATION CDITING AND PATCHING 01731 - 2 I I I I I I I I I I I I I I I I I I I I I: I I , I , , I I I , I I I, I: I . , , 3.2 3.3 BOZEMAN WASTE WATER TREA TMENT FACILITY RE-ROOF A. Examine surfaces to be cut and patched and conditions under which cutting and patching are to be performed. 1. Compatibility: Before patching, verify compatibility with and suitability of substrates, including compatibility with existing finishes or primers. 2. Proceed with installation only after unsafe or unsatisfactory conditions have been corrected. PREP ARA TION A. Temporary Support: Provide temporary support of Work to be cut. B. Protection: Provide protection from adverse weather conditions for portions of Project that might be exposed during cutting and patching operations. C. Adjoining Areas: Avoid interference with use of adjoining areas or interruption of free passage to adjoining areas. PERFORMANCE A. General: Employ skilled workers to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time, and complete without delay. B. Cutting: Cut construction by sawing, drilling, breaking, chipping, grinding, and similar operations, including excavation, using methods least likely to damage elements retained or adjoining construction. If possible, review proposed procedures with original Installer; comply with original Installer's written recommendations. 1. In general, use hand or small power tools designed for sawing and grinding, not hammering and chopping. Cut holes and slots as small as possible, neatly to size required, and with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use. 2. Concrete, Masonry: Cut using a cutting machine, such as an abrasive saw or a diamond- core drill. 3. Proceed with patching after construction operations requiring cutting are complete. c. Patching: Patch construction by filling, repairing, refinishing, closing up, and similar operations following performance of other Work. Patch with durable seams that are as invisible as possible. Provide materials and comply with installation requirements specified in other Sections of these Specifications. 1. Inspection: Where feasible, test and inspect patched areas after completion to demonstrate integrity of installation. 2. Exposed Finishes: Restore exposed finishes of patched areas and extend [wish restoration into retained adjoining construction in a manner that will eliminate evidence of patching and refinishing. 3. Floors and Walls: Where walls or partitions that are removed extend one [wished area into another, patch and repair floor and wall surfaces in the new space. Provide an even surface of uniform finish, color, texture, and appearance. Remove existing floor and wall CUTTING AND PATCHING 01731 - 3 BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF coverings and replace with new materials, if necessary, to achieve uniform color and appearance. a. Where patching occurs in a painted surface, apply primer and intermediate paint coats over the patch and apply [mal paint coat over entire unbroken surface containing the patch. Provide additional coats until patch blends with adjacent surfaces. 4. Ceilings: Patch, repair, or rehang existing ceilings as necessary to provide an even-plane surface of uniform appearance. END OF SECTION 01731 CUTTING AND PATClllNG 01731 - 4 I I I I I I I I I I I I I I I I I I I I I I I I'" I I I I I I I I': I I.. I, I I- I BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF SECTION 01732 - SELECTIVE ROOFING DEMOLITION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Demolition and removal of selected portions building roofing including all associated materials and accessories. 1.3 DEFINITIONS A. Remove: Detach items from existing construction and legally dispose of them off-site, unless indicated to be removed and salvaged or removed and reinstalled. B. Remove and Reinstall: Detach items from existing construction, prepare them for reuse, and reinstall them where indicated. C. Existing to Remain: Existing items of construction that are not to be removed and that are not otherwise indicated to be removed, removed and salvaged, or removed and reinstalled. 1.4 MATERIALS OWNERSlllP A. Except for items or materials indicated to be reused, salvaged, reinstalled, or otherwise indicated to remain Owner's property, demolished materials shall become Contractor's property and shall be removed from Project site. 1.5 QUALITY ASSURANCE A. Demolition Firm Qualifications: An experienced firm that has specialized in demolition work similar in material and extent to that indicated for this Project. B. Regulatory Requirements: Comply with governing EP A notification regulations before beginning selective demolition. Comply with hauling and disposal regulations of authorities having jurisdiction. C. Standards: Comply with ANSI AI0.6 and NFPA 241. SELECTIVE ROOFING DEMOLITION 01732-1 1.6 1.7 BOZEMAN WASTE WATER TREA TMENT FACILITY RE-ROOF PROJECT CONDITIONS A. Owner will occupy portions of building immediately adjacent to selective demolition area. Conduct selective demolition so Owner's operations will not be disrupted. Provide not less than 48 hours' notice to Owner of activities that will affect Owner's operations. B. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. 1. Do not close or obstruct walkways, corridors, or other occupied or used facilities without written permission from authorities having jurisdiction. C. Owner assumes no responsibility for condition of areas to be selectively demolished. 1. Conditions existing at time of inspection for bidding purpose will be maintained by Owner as far as practical. D. Hazardous Materials: An asbestos report is provided. 1. The roo:fmg of the Administration/Control Building has been determined to contain asbestos. Roofing material that will be removed from other buildings are suspect for containing asbestos because they were installed along with the Administration/Control Building roof during the same project in the early 1980's. Removal of these materials will require special precautions, work practices, and disposal methods and must be performed to meet applicable EP A and OSHA standards. Additional information and guidance is attached at the end of this section; however, it is the Contractor's direct responsibility to ensure that all work meets all applicable local, state, and federal guidelines and requirements. E. Storage or sale of removed items or materials on-site will not be permitted. F. Utility Service: Maintain existing utilities indicated to remain in service and protect them against damage during selective demolition operations. 1. Maintain :frre-protection facilities in service during selective demolition operations. WARRANTY A. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during selective demolition, by methods and with materials so as not to void existing warranties. PART 2 - PRODUCTS 2.1 REPAIR MATERIALS A. Use repair materials identical to existing materials. 1. If identical materials are unavailable or cannot be used for exposed surfaces, use materials that visually match existing adjacent surfaces to the fullest extent possible. 2. Use materials whose installed performance equals or surpasses that of existing materials. SELECTIVE ROOFING DEMOLITION 01732 - 2 I I I I I I I I I I I I I I I I I I I I I I I I' I I I I I I I I I I I I I I BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF B. Comply with material and installation requirements specified in individual Specification Sections. PART 3 - EXECUTION 3.1 3.2 33 EXAMINATION A. When unanticipated mechanical. electrical, or structural elements that conflict with intended function or design are encountered, investigate and measure the nature and extent of conflict. Promptly submit a written report to Architect. B. Perform surveys as the Work progresses to detect hazards resulting from selective demolition activities. UTILITY SERVICES A. Existing Utilities: Maintain services indicated to remain and protect them against damage during selective demolition operations. B. Do not interrupt existing utilities serving occupied or operating facilities unless authorized in writing by Owner and authorities having jurisdiction. Provide temporary services during interruptions to existing utilities. as acceptable to Owner and to authorities having jurisdiction. 1. Provide at least 48 hours' notice to Owner if shutdown of service is required during changeover. C. Utility Requirements: Refer to Division 15 and 16 Sections for shutting off, disconnecting, removing, and sealing or capping utilities. Do not start selective demolition work until utility discon11ecting and sealing have been completed and verified in writing. PREPARATION A. Dangerous Materials: Drain, purge, or otherwise remove, collect, and dispose of chemicals. gases, explosives, acids, flammables, or other dangerous materials before proceeding with selective demolition operations. B. Site Access and Temporary Controls: Conduct selective demolition and debris-removal operations to ensure minimum interference with roads, streets, walks. walkways, and other adjacent occupied and used facilities. 1. Do not close or obstruct streets, walks, walkways, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by governing regulations. 2. Erect temporary protection, such as walks, fences, railings. canopies, and covered passageways, where required by authorities having jurisdiction. SELECTIVE ROOFING DEMOLITION 01732 - 3 3.4 BOZEMAN WASTE WATER TREATMENT F AClLITY RE-ROOF 3. Protect existing site improvements, appurtenances, and landscaping to remain. 4. Erect a plainly visible fence around drip line of individual trees or around perimeter drip line of groups of trees to remain. SELECTIVE DEMOLITION A. General: Demolish and remove existing construction only to the extent required by new construction and as indicated. Use methods required to complete the Work within limitations of governing regulations and as follows: I . Cut or drill from the exposed or finished side into concealed surfaces to avoid marring existing finished surfaces. 2. Remove decayed, vermin-infested, or otherwise dangerous or unsuitable materials and promptly dispose of off.site. 3. Remove structural framing members and lower to ground by method suitable to avoid free fall and to prevent ground impact or dust generation. 4. Locate selective demolition equipment and remove debris and materials so as not to impose excessive loads on supporting walls, floors, or framing. 5. Dispose of demolished items and materials promptly. 6. Return elements of construction and surfaces that are to remain to condition existing before selective demolition operations began. B. Existing Facilities: Comply with building manager's requirements for using and protecting elevators, stairs, walkways, loading docks, building entries, and other building facilities during seJective demolition operations. c. Removed and Reinstalled Items: Comply with the following: I. Clean and repair items to functional condition adequate for intended reuse. 2. Reinstall items in locations indicated. Comply with installation requirements for new materials and equipment. Provide connections, supports, and miscellaneous materials necessary to make item functional for use indicated. D. Existing Items to Remain: Protect construction indicated to remain against damage and soiling during selective demolition. When permitted by Architect, items may be removed to a suitable, protected storage location during selective demolition and reinstalled in their original locations after selective demolition operations are complete. E. Roofing: Remove no more existing roofmg than can be covered in one day by new roofmg. Refer to applicable Division 7 Section for new roofing requirements. 3.5 DISPOSAL OF DEMOLISHED MATERIALS ~'"... A. General: Promptly dispose of demolished materials. Do not allow demolished materials to accumulate on-site. B. Burning: Do not bum demolished materials. c. Disposal: Transport demolished materials off Owner's property and legally dispose ofthem. SELECTIVE ROOFING DEMOLITION 01732 - 4 I I I I I I I I I I I I I I I I I I I I I' I- I I' I I' I) I I- I I I' I. I~ I I I 1- BOZEMAN WASTE WATER TREA TMENT FACILITY RE-ROOF 3.6 ASBESTOS TEST REPORT AND OSHA INFORMATION A. Immediately following this Section, find the PLM Report Summary (asbestos test report) and OSHA Asbestos Advisor information. B. Lab No. 002577..001 and 002577-003 on the PLM Report Summary refer to samples taken from the digester roofs. These roofs were replaced in 2002 and are not part of this project. Lab No. 002577-002 refers to the Administration/Control Building roof that will be replaced under this project. END OF SECTION 01732 JI.'ij;, .. .,'" SELECTIVE ROOFING DEMOLITION 01732-5 I f I- I I I I" I I I I I, I' I I; I I I I PLM REPORT SUMMARY .4TC A.rsociaJes, Inc. 6746 S_ Revere Pkwy.. S~ 180 Englewood. CO 80112-6708 (303) 79~lOO N\'LAP ~ Code 102031 AlHALab Cod" 101536 Oimt: Morrison MaiQt1e Batch No. : 002577 Project : Boze~n WWTP Roof aicm Project No.: 50560 ATCIob No.: 35,08181.3536 RcportDam: 12/241200 Smple Date: 12'1312001 Identification Test Method: ASbes1os. Bulk Sample Analysis Pol..rized Light Microscopy / Dispersion Staining (PLMIOS) EPA Method 6001R-93/116 Page 1 of 2 0lIl J;l..'211200 I. fJllU (3) bll111: m&terialllAm9]el' '*CJ" submju4 by 10m HeuIW fot ..,ba,U), ......J)'ftS by PLMlDS. , Copies "rille 1.b 4o.&a sh~ "" ~d; ...ddi.1ioul W"....."". noay be fi>-..l ~ Thll .'u"JL. _ ~.d "1",*: Oicnl No. Lab No. S~ple DescriptiOll./ Location Asbc&'tos ConteDt BZ.MN'-WWTP-uPPEll 002577..001 Roofmg MateO.,} D I? .ed'fer I 8% CMysotik I (None Den::ctcd-RoofPaiDI (Silv.)) (5% OlIysoti1e-RDofTar) (10% Otty3otlle-Roofin, Fdt) BZMN-WWTP-LOWER 002577-002 Roofing M:ttcri21 .,f'4P1J;" / ev.~,1- 0 I 8/4 2% Chrysotilc (None Deteeted-RDofPaUrt (Silv.) ) (5% Chrysotilc-RoofTar) (<1% Otrysou1e-ltoofMcmbr.me) BZMN-WWTP-DOME 002577-003 Roofing Matmal Di'jt7f/err 8% Cbrywtile I (None Detccted.RoofP;Unt (Silv.)) (5% Chrysotile-RoofTar) (10% Cbrysoti.Jb.;.R.oof Mc:mbrazll~) '" The"" ..mpl~I...nt: 1IJla1y%Cd by I.yrl'l\. Spccitic l.yet or CO_OIlCllt ...,b~=I.O. c:.olllnt i. itlCl.iut.:d ...lIeu ",]'VllD~ Th. EPA ooasidcn I msttrial In be: ul~:nos oouw..ira:; olLly ifil C"lltAi.u man: Ql&Il Olle: pCfUllt ..,u,,,.I.OS by Calibrac..d Vi..,oJ .ve. :E.ti.....tiotl (CV AE), EI'A "lw..uOIl.I al.o illdie:.1t that RllsuJ.-1a<l "-be..... CDlllaiaiDc M..,.;:aI. (1ACM) _ _Dab "'b,oh. __ fiiobic "~_y be:CDmc mabl- - 1><0 1\lnIoM llI>..li~ by po;..t co-.Ii., wb..,. lb. ..nib U.obcaw Ins tllll.ll. \ell. p...,.,,' ublllo. by CV AE. Our IAbe..tory' lIti!;t(:S r;v 1\1!, 011& rollon- blUil LIlli doe: I 110 t illcllldr point Wlll>~ l1li1... Illecific.ally ",q_~1td.. 1ll.c n=ltJ ....y "et b. ftJ'7Od=ad ell",,!,l ill rullllDd u.0101d lIol be "oed .. a ,cop. ofwDtt: thyab..t.mftll wilhoul co~u1ti.n, willi ^ re. PLM REPORT SUMMARY ATe Associa~s. Inc. 6746 S. Revue Pkwy.. St.e 180 EnJIewood, CO 80112-6708 (303) 7~9-6100 . NVl..A.P Lab Code 102031 AlH.A Lab Code 101536 Qi011 ; Morrison Maiane BiIlCh No. : 002577 Project : Bozeman WWTP Roof ATC Job No. : 35.08181.3536 Report Date; 121241200 Sample Date: 1211312001 aiC'1l1 Project No.: 50:560 J t:'l,.,.m fic.arion Test Method; Asbestos. Bulk Siilmp~e Analysis Polarized Ught MicroscoPY I Dispersion Staining (PLMlDS) EPA MethOd 6001R~93/11e Page 2 of 2 lLM AD.IVli" ~"hodoJo~" . ,. PLM samples were analyzed utilizing 1heEnvironmcD.W PrOir:Ctian Agency's Test Method: Mclbod for the -." Detcmrina1ion ot AsbestOs in Building Ma.tc:rials (EPA 6001R-93/l16. July, 1993) md the McCrone Research Instinne's The Asbestos hrtide Atlas lIS method references. Additional ueatment and tcsls mil)' be required to ac.cur.d.dy define composition (i.e. as!ling. cxttaCb0D6. a.cetone treatment, and TEM). All bulk sOlIDplc reportS are chc:e:ked and reviewed three times. UouSed. portions of szmples arc archived for one year lIDless client re<JUestS spccial1\2l\illinC' Floor tilesamplcs are mounted by a.ceronc exlr.lCtion, unless othcnvisc DOted in client report. Asbestos cont.mt of mastic/adhesive is sepa:ntcd from total perecnl asbestOS md other uutcrials. The nDn~c:teetioD. of asbestos fibers in floorUle by PLM is of itself inccrnclusivc. Coufirm;cion by Tn:n.s:mission Electron Microscope: (TEM) is recommaHied for negmvc 1100T tile samples. LabonatorY EQ~iDmeJIt Laboratory malysis was a.ccoIOplishec1 utiliziDs lID Olympu! BH-2 pobriz.ed light microscope. The mit:roscope is eqniwed with disp~o:n staining lenses. o.2litv Control ATe ASsociates. Ine. is accredited by NVLAP Bulk AsbestOs sample Qu2lity ~su'{ance Program (Lab Code 102031) and AIHA (Lab Code 10771). ATe pllIticiplllCS in the NVLAP and A1HA Bulk AsbestOs Sample Quality A3mrance ProiIams and m.,onuin!l; an in-house QC1QA prognm for bulk samples whereby 10% of aD submitted samples are reanalyzed and documented in a Quality Control Manual. ATe also participates in .a qu."1Crly round robin QCJQA program for bulk sunpJes wim sev-c:ral accredited laboratories throughout 'the United SUtl':6. Cuacm and past QClQA program rcsuhs are available in the l;tborawI)' for mspectiOJl. y.boratorv Perso""tl Sil11\Ples were analyzed by Jdf Lommc., LabontoTY Supervisor. Mr. Lomme is a professiotW geologist who has snccessfuDy completed the McCrone 1nstitutcs's ~ Advanced AsbestOs Identification" Course. Approved Siguto ~W~f~\~ This re.pon J1TI,/.st Mot be used by the client to claim produCt tl7tdorsernent.~ by NVLAP or an agency of the US gowmment This lest repons only to the items stared. TOTAL I I I I ,I I I I 'I I I I I I , I I P.02 I I I I I' I I: 1- I' I I I I I I~ I' I,. I I: I.; I' OSHA ASBESTOS ADVISOR Release 2.0 WIN This session completed on December 26, 2001 11:20:19 AM ---------~~~~~~~---- ~~--~----~------~--~ Results of Session with Tom Heinecke With reference to the Bozeman Waste Water Treatment Plant -------~~~~--~-~---- -~~--~-~---~-------- This report describes the results of an Asbestos Advisor session to obtain guidance about a particular planned project. THE PROJECT IS CLASS II ASBESTOS WORK Your answers indicate that the proposed project involves the removal of asbestos containing materials other than thermal system insulation or surfacing materials. This is categorized as Class II asbestos work under the OSHA Construction Standard. The OSHA Construction Standard specificies general requirements for all Class II work and specific requirements for certain types of Class II work. Alternative work practice requirements for roofing work are detailed in 29 CFR 1926.1101(g) (11). The OSHA Asbestos Advisor report will summarize general guidance for Class II work, followed by specific guidance for appropriate types of Class II work based on your answers to questions about types of work undertaken by your employees. BASIC GUIDANCE FOR CLASS II ASBESTOS WORK (1) Regulated area: A regulated area must be established around a Class II job site. The regulated area must be demarcated in any manner that minimizes exposure to asbestos both within and outside the area. Signs must be provided and displayed. Signs must be comprehensible to employees. If critical barriers or NPEs are used, this will be considered adequate methods of demarcation. (2) A competent person must supervise all jobs involving removal of asbestos- containing thermal insulation or sprayed/troweled-on surfacing materials. A competent person is an employee who is knowledgeable about construction safety and health and who has received specialized training to identify asbestos hazards, to select the best control strategy, and to take prompt action to correct or eliminate problems. A competent person must make frequent and regular inspections at least once during each work shift and upon employee request. The supervisory duties of a competent personi-nclude: - Set up the regulated area, enclosure or other containment; - Ensure (by on-site inspection) the integrity of the enclosure or containment; - Set up procedures to control entry to and exit from enclosure and/or area; - Supervise all employee exposure monitoring and ensure that conducted; it is - Ensure that employees working within the enclosure and/or using glove bags wear protective clothing and respirators; - Ensure through on-site supervision that employees set up, use, and remove engineering controls, use work practices and personal protective equipment; - Ensure that employees use the hygiene facilities and observe the decontamination procedures specified; - Ensure that through on-site inspection, engineering controls are functioning properly and employees are using proper work practices; and - Ensure that notification requirements are met. The competent person shall be trained in all aspects of asbestos removal and handling, including abatement, installation, removal and handling; the contents of the asbestos standards; the identification of asbestos; removal procedures, where appropriate; and other practices for reducing the hazard. Such training shall.be obtained in a comprehensive course.f.or"a supervisor..that.meets .the . criteria of EPA's Model Accreditation Plan, a state-approved course, or a course equivalent in stringency, content and length. (3) An initial exposure assessment must be conducted by the competent person to determine whether or not airborne asbestos fibers in excess of the permissible exposure limits may he present. Daily air monitoring will be required unless a negative exposure assessment is obtained. If no exposure monitoring is performed you must assume that exposure exceeds the permissible exposure limits and implement appropriate work practices. (4) The employer shall provide respirators and ensure that they are used: - during all Class II work where the ACM is not removed in a substantially intact state; during all Class II work which is not performed using wet methods; - during all Class II work where the employer does not produce a negative exposure assessment; - during all Class II work where employees are exposed above exposure limits; the permissible - in emergencies. Where respirators are used, the employer shall select and provide the appropriate respirator at no cost to the employee. The employer is require8 to notify employees that each employee has the right to choose to be provided a powered air purifying respirator in lieu of a negative pressure respirator, provided such respirator provides adequate protection. (5) Training: Building employees who perform Class II asbestos work that requires use of critical barriers or negative pressure enclosures must have completed a course equivalent in curriculum, training method, and length to the EPA 4-day Model Accreditation Plan (MAP) worker training, and an annual B-hour refresher course at no cost to the employee. For work with asbestos containing material involving roofing materials, flooring materials, siding materials, ceiling tiles, or transite panels, training shall include specific work practices and engineering controls which specifically relate to that category. Such ,course shall include "hands-on" training and shall take at least B hours. 2 I . I I I I I I I I I I I I I I I I I I - (,.:" .,';;: I" I" I~ _. " I I" I I , I~ I I. I;, I....' . , I. I..; An employee who works with more than one category of the materials listed above shall receive training applicable to each of the categories of materials and work practices applicable to his/her work. For other Class II operations, training shall additionally include the specific work practices and engineering controls set forth in the standard which relate to that category and shall include "hands- on" training. Training must be comprehensible to employees. The employer must make reasonable accomodations for language and reading ,abilities of workers. A knowledgeable person must be available during training to answer questions. Detailed training requirements are listed in 29 CFR 1926.1101 (k) (9) . (6) Eating, drinking, smoking, chewing tobacco or gum, and applying cosmetics shall not be allowed in the work area. (7) Engineering controls and work practices must include wet methods, HEPA vacuuming, prompt clean-up and disposal of debris, use of impermeable dropcloths, and HVAC isolation system are required. Also, one or more of the following control methods must be used: negative pressure enclosure, glove bags, negative pressure glove bags, negative pressure glove boxes, a water spray process, or mini-enclosures. If employees are working in areas adjacent to the regulated area while Class II work is being done, critical barriers must be used for indoor regulated areas or some other isolation method to prevent the spread of airborne asbestos. Additional work practices are mandated for (1) removal of vinyl tile, (2) removal of asbestos~containing roofing materials, (3) removal of cementitious siding, shingles, or transite panels, (4) removal of asbestos containing gaskets, and (5) removal of other asbestos containing materials defined as Class II asbestos work. The Asbestos Advisor will provide specific work practice guidance relevant to the appropriate type of work based on your answers. Detailed requirements may be found in 29 CFR 1926.1101(g). (B) The following work practices must be prohibited: use of high speed abrasive disk saws without HEPA-filtered exhaust, use of compressed air without a capture device, dry sweeping/shoveling, employee rotation to circumvent permissible exposure limits. (9) Medical surveillance: Medical surveillance is required for all workers who, for a combined total of 30 days or more, do this type of work or who must wear a negative pressure air purifying (quarter- or half-mask type) respirator. Excluded from the 30-day count are days in which less than one hour is spent doing Class II or III work on intact material when required work practices are followed. /' Alternative work practices apply to certain roofing operations as specified in 29CFR1926.1101(g) (11). If you indicate that your employees do such work, a summary of these requirements will be added to the report. Additional requirements apply if a negative exposure assessment is not obtained. NEGATIVE EXPOSURE ASSESSMENT OBTAINED Your answers indicate that an initial exposure assessment has demonstrated that expected employee exposure will be below the PELs (a negative exposure assessment). Therefore, additional asbestos work requirements for situations wpere the PELS are exceeded do not apply. 3 ADDITIONAL CONTROLS FOR CLASS II WORK INVOLVING REMOVAL OF ROOFING MATERIAL The Construction standard provides alternative methods of compliance for installation, removal, repair, and maintenance of certain roofing materials. Not withstanding any other required method of compliance, an employer who complies with all of the following provisions when installing, removing, repairing, or maintaining intact pipeline asphaltic wrap, roof cements, mastics, coatings, or flashings whi-ch contain asbestos fibers encapsulated or coated by bituminous or resinous compounds shall be deemed to be in compliance. (1) Before work begins and as needed during the job, a competent person who is capable of identifying asbestos hazards in the workplace and selecting the appropriate control strategy for asbestos exposure, and who has the authority to take prompt corrective measures to eliminate such hazards, shall conduct an inspection of the worksite and determine that the roofing material is intact an will likely remain intact; (2) All shall be asbestos employees performing work involving trained in a training program that work employee training; the removal of roo~ing material meets the requirements for Class II (3) The material shall not be sanded, abraded, or ground. Manual methods which do not render the material non-intact shall be used; (4) Material that has been removed from a roof shall not be dropped or thrown to the ground. unless the material is carried or passed to the ground by had, it shall be lowered to the ground vial covered, dust-tight chute, crane or hoist. All such material shall be removed from the roof as soon as is practicable, but in any event no later than the end of the work shift; (5) Where roofing products which have been labeled as containing asbestos are installed on non- residential roofs, the employer shall notify the building owner of the presence and location of such materials no later than the end of the job. (6) All removal or disturbance of pipeline asphaltic wrap shall using wet methods. be performed If an employer does not comply with all provisions above, or if during the course of the job the material does not remain intact, the following provisions apply instead: / (1) Roofing material shall be removed in an intact state to the extent feasible; (2) Wet methods shall be used to remove roofing materials that are not intact, or that will be rendered not intact during removal, unless such wet methods are not feasible or will create safety hazards. (E.g., it is not required that ACM on sloped roofs be wetted when the competent person determines that wetting the shingles would create slipping and falling hazards.) Respirators need not be worn during removal of ACM from sloped roofs when a negative exposure assessment has been made and the ACM is removed in an intact state. (3) Cutting machines shall be continuously misted during use, unless a competent person determines that misting substantially decreases worker safety. 4 I i I I I I I I I I I I I I I I I I I I I"' . , I 1- - I' I I I I I " I I" I' I,: I: 1\ Ie I, (4) When removing built-up roofs with asbestos-containing roofing felts and an aggregate surface using a power roof cutter, all dust resulting from the cutting operation shall be collected by a HEPA dust collector, or shall be HEPA vacuumed by vacuuming along the cut line. When removing built-up roofs with asbestos- containing roofing felts and a smooth surface using a power roof cutter, the dust resulting from the cutting operation shall be collected either by a HEPA dust collector or HEPA vacuuming along the cut line, or by gently sweeping and then carefully and completely wiping up the still-wet dust and debris left along the cut line. The dust and debris shall be immediately bagged or placed in covered containers. (5) Asbestos-containing material that has been removed from a roof shall not be dropped or thrown to the ground. Unless the material is carried or passed to the ground by hand, it shall be lowered to the ground via covered dust-tight chute, crane or hoist: Any ACM that is not intact shall be lowered to the ground as soon as is practicable, but in any event no later than the end of the work shift; while the material remains on the roof it shall either be kept wet, placed in an impermeable waste bag, or wrapped in plastic sheeting; intact ACM shall be lowered to the ground as soon as is practicable, but in any event no later than the end of the work shift. (6) Upon being lowered, unwrapped material shall be transferred to a closed receptacle in such manner so as to preclude the dispersion of dust; (7) Roof level heating and ventilation air intake sources shall be isolated or the ventilation system shall be shut down. (B) Notwithstanding any required method of compliance, removal or repair of sections of intact roofing less than 25 square feet in area does not require use of wet methods or HEPA vacuuming as long as manual methods which do not render the material non-intact are used to remove the material and no visible dust is created by the removal method used. In determining whether a job involves less than 25 square feet, the employer shall include all removal and repair work performed on the same roof on the same day. ,/ 5 I I I I ,I' I I I I I I I. I I I, I I I I BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF SECTION 01770 - CLOSEOUT PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for contract closeout, including, but not limited to. the following: 1. Inspection procedures. 2. Project Record Documents. 3. Operation and maintenance manuals. 4. Warranties. 5. Instruction of Owner's personnel. 6. Final cleaning. 1.3 SUBSTANTIAL COMPLETION A. Preliminary Procedures: Before requesting inspection for determining date of Substantial Completion, complete the following. List items below that are incomplete in request. 1. Prepare a list of items to be completed and corrected (punch list), the value of items on the list, and reasons why the Work is not complete. 2. Advise Owner of pending insurance changeover requirements. 3. Submit specific warranties, workmanship bonds, maintenance service agreements, final certifications, and similar documents. 4. Obtain and submit releases permitting Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases. 5. Prepare and submit Project Record Documents, operation and maintenance manuals. and similar [mal record information. 6. Deliver tools, spare parts, extra materials, and similar items to location designated by Owner. Label with manufacturer's name and model number where applicable. 7. Make final changeover of permanent locks and deliver keys to Owner. Advise Owner's personnel of changeover in security provisions. 8. Complete startup testing of systems. 9. Submit testladjustlbaIance records. 10. Terminate and remove temporary facilities from Project site, along with mockups. construction tools, and similar elements. 11. Advise Owner of changeover in heat and other utilities. CLOSEOUT PROCEDURES 01770 - 1 BOZEMAN WASTE WATER TREA lMENT FACILITY RE-ROOF 12. Submit changeover information related to Owner's occupancy, use, operation, and maintenance. 13. Complete final cleaning requirements, including touchup painting. 14. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual defects. B. Inspection: Submit a written request for inspection for Substantial Completion. On receipt of request, Architect will either proceed with inspection or notify Contractor of unfulfilled requirements. Architect will prepare the Certificate of Substantial Completion after inspection or will notify Contractor of items, either on Contractor's list or additional items identified by Architect, that must be completed or corrected before certificate will be issued. 1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. Results of completed inspection will form the basis of requirements for Final Completion. 2. 1.4 FINAL COMPLETION A. Preliminary Procedures: Before requesting final inspection for determining date of Final Completion, complete the following: 1. Submit a final Application for Payment according to Division 1 Section "Payment Procedures. " 2. Submit certified copy of Architect's Substantial Completion inspection list of items to be completed or corrected (punch list), endorsed and dated by Architect. The certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance. 3. Submit evidence of final, continuing insurance coverage complying with insurance requirements. 4. Instruct Owner's personnel in operation, adjustment, and maintenance of products, equipment, and systems. B. Inspection: Submit a written request for final inspection for acceptance. On receipt of request, Architect will either proceed with inspection or notify Contractor of unfulfilled requirements. Architect will prepare a fmal Certificate for Payment after inspection or will notify Contractor of construction that must be completed or corrected before certificate will be issued. 1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. 1.5 LIST OF INCOMPLETE ITEMS (PUNCH LIST) A. Preparation: Submit three copies of list. Include name and identification of each space and area affected by construction operations for incomplete items and items needing correction including, if necessary, areas disturbed by Contractor that are outside the limits of construction. Use Architects Form included at end of this section. CLOSEOUT PROCEDURES 01770 - 2 I I I I I, I I I I I I I I I I I I I I I I I I I: I , I' I I I I', I' ~ , I I I I I BOZEMAN WASTE WATER TREATMENT F AClLITYRE-ROOF 1. Organize list of spaces in sequential order, starting with exterior areas fITst and proceeding from lowest floor to highest floor. 2. Organize items applying to each space by major element, including categories for ceiling, individual walls, floors, equipment, and building systems. 3. Include the following information at the top of each page: a. Project name. b. Date. c. Page number. 1.6 PROJECT RECORD DOCUMENTS A. General: Do not use Project Record Documents for construction purposes. Protect Project Record Documents from deterioration and loss. Provide access to Project Record Documents for Architect's reference during normal working hours. B. Record Drawings: Maintain and submit one set of blue- or black-line white prints of Contract Drawings and Shop Drawings. 1. Mark Record Prints to show the actual installation where installation varies from that shown originally. Require individual or entity who obtained record data, whether individual or entity is Installer, subcontractor, or similar entity, to prepare the marked-up Record Prints. a. Give particular attention to information on concealed elements that cannot be readily identified and recorded later. b. Accurately record information in an understandable drawing technique. c. Record data as soon as possible after obtaining it. Record and check the markup before enclosing concealed installations. d. Mark Contract Drawings or Shop Drawings, whichever is most capable of showing actual physical conditions, completely and accurately. Where Shop Drawings are marked, show cross-reference on Contract Drawings. 2. Mark record sets with erasable, red-colored pencil. Use other colors to distinguish between changes for different categories of the Work at the same location. 3. Mark important additional information that was either shown schematically or omitted from original Drawings. 4. Note Construction Change Directive numbers, Change Order numbers, alternate numbers, and similar identification where applicable. 5. IdentifY and date each Record Drawing; include the designation "PROJECT RECORD DRA WlNG" in a prominent location. Organize into manageable sets; bind each set with durable paper cover sheets. Include identification on cover sheets. C. Record Specifications: Submit one copy of Project's Specifications, including addenda and contract modifications. Mark copy to indicate the actual product installation where installation varies from that indicated in Specifications, addenda, and contract modifications. 1. Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. CLOSEOUT PROCEDURES 01770 - 3 BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF 2. Mark copy with the proprietary name and model number of products, materials, and equipment furnished, including substitutions and product options selected. 3. Note related Change Orders, Record Drawings, and Product Data, where applicable. D. Record Product Data: Submit one copy of each Product Data submittal. Mark one set to indicate the actual product installation where installation varies substantially from that indicated in Product Data. 1. Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. 2. Include significant changes in the product delivered to Project site and changes in manufacturers written instructions for installation. 3. Note related Change Orders, Record Drawings, and Record Specifications, where applicable. 1.7 OPERATION AND MAINTENANCE MANUALS A. Assemble a complete set of maintenance data indicating the required maintenance and warrantee information. Include operation and maintenance data required in individual Specification Sections and as follows: 1. Maintenance Data: a. Manufacturer's information, including list of spare parts. b. Name, address, and telephone number oflnstaller or supplier. c. Maintenance procedure if any. d. Copies of warranties and bonds. B. Organize the maintenance manual and warranty information into a suitable manageable size. Identify each binder on front and spine with the printed title "OPERATION AND MAINTENANCE MANUAL," Project name, and subject matter of contents. 1.8 WARRANTIES A. Submittal Time: Submit written warranties for designated portions of the Work where commencement of warranties other than date of Substantial Completion is indicated. B. Organize warranty documents into an orderly sequence based on the table of contents of the Project Manual. PART 2 - PRODUCTS 2.1 FINAL CLEANING A. General: Provide fmal cleaning. Conduct cleaning and waste-removal operations to comply with local laws and ordinances and Federal and local environmental and antipollution regulations. CLOSEOUT PROCEDURES 01770-4 I I I I I ,I I I I I I I I I I I I I I I I I I I I I. I I I I I' I: I I~ I I I I BOZEMAN W ASlE WATER TREA TMENT FACILITY RE-ROOF B. Cleaning: Employ experienced workers or professional cleaners for fInal cleaning. C. Comply with safety standards for cleaning. Do not bum waste materials. Do not bury debris or excess materials on Owner's property. Do not discharge volatile, hannful, or dangerous materials into drainage systems. Remove waste materials from Project site and dispose of lawfully. END OF SECTION 01770 CLOSEOUT PROCEDURES 01770 - 5 I I I I I- I, I I I I I I I: I I I I I' I BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF SECTION 06100 - ROUGH CARPENTRY PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Framing with dimension lumber. 1.2 DEFINITIONS A. Rough Carpentry: Carpentry work not specified in other Sections and not exposed, unless otherwise indicated. PART 2 - PRODUCTS 2.1 WOOD-PRESERV A TIVE- TREATED MATERIALS A. Preservative Treatment by Pressure Process: A WPA C2 (lumber) except that lumber that is not in contact with the ground and is continuously protected from liquid water may be treated according to A WP A C31 with inorganic boron (SBX). B. Kiln-dry material after treatment to a maximum moisture content of 19 percent for lumber. Do not use material that is warped or does not comply with requirements for untreated material. C. Mark each treated item with the treatment quality mark of an inspection agency approved by the American Lumber Standards Committee Board of Review. 2.2 DIMENSION LUMBER A. General; Provide dimension lumber of grades indicated according to the American Lumber Standards Committee National Grading Rule provisions of the grading agency indicated. 2.3 MISCELLANEOUS LUMBER A. General: Provide lumber for support or attachment of other construction, including the following: 1. Blocking. 2. Cants. 3. Nailers. 4. Furring. S. Grounds. ROUGH CARPENTRY 06100 - 1 BOZEMAN W ASTE WATER TREATMENT FACILITY RE-ROOF 2.4 FASTENERS A. General: Provide fasteners of size and type indicated that comply with requirements specified in this Article for material and manufacture. 1. Where rough carpentry is exposed to weather, in ground contact, or in area of high relative humidity, provide fasteners with hot-dip zinc coating complying with ASTM A 153/A 153M. B. Nails, Brads, and Staples: ASTM F 1667. C. Power-Driven Fasteners: CABO NER-272. D. Expansion Anchors: Anchor bolt and sleeve assembly of material indicated below with capability to sustain, without failure, a load equal to 6 times the load imposed when installed in unit masonry assemblies and equal to 4 times the load imposed when installed in concrete as determined by testing per ASTM E 488 conducted by a qualified independent testing and inspecting agency. PART 3 - EXECUTION 3.1 INSTALLATION, GENERAL A. Set rough carpentry to required levels and lines, with members plumb, true to line, cut, and fitted. Fit rough carpentry to other construction; scribe and cope as needed for accurate fit. Locate furring, nailers, blocking, grounds, and similar supports to comply with requirements for attaching other construction. B. Do not use materials with defects that impair quality of rough carpentry or pieces that are too small to use with minimum number of joints or optimum joint arrangement. C. Apply field treatment complying with A WP A M4 to cut surfaces of preservative-treated lumber and plywood. END OF SECTION 06100 ROUGH CARPENTRY 06100 - 2 I I I I I I I I I I I I I I I I I I I I I I I I' I I I I I I I I' I, I.. I'" I I. I. BOZEMAN WASTE WATER TREA lMENT FACILITY RE-ROOF SECTION 07531 ~ TPO SINGLE-PLY MEMBRANE ROOFING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this section. 1.2 SUMMARY A. This Section includes the following: 1. Adhered membrane sheet roofing system. 2. Vapor Retarder 3. Roof insulation. 4. Walkway pads. 1.3 DEFINITIONS A. Roofing Terminology: Refer to ASTM D 1079 and glossary ofNRCA's "The NRCA Roofing and Waterproofing Manual" or definition of terms related to roofmg work not otherwise defined in this Section. B. Design Uplift Pressure: The uplift pressure, calculated according to procedures in SPRI's "Wind Load Design Guide for Fully Adhered and Mechanically Fastened Roofmg Systems", before multiplication by a safety factor. C. Factored Design Uplift Pressure: The uplift pressure, calculated according to procedures in SPRI's "Wind Load Design Guide for Fully Adhered and Mechanically Fastened Roo:fmg Systems", after multiplication by a safety factor. 1.4 PERFORMANCE REQUIREMENTS A. General: Install sheet membrane roofing and base flashing that remain watertight; will not permit the passage of liquid water; and will withstand wind loads, thermally induced movement, and exposure to weather without failure. B. Material Compatibility: Provide roofmg materials that are compatible with one another under conditions of service and application required, as demonstrated by roofing system manufacturer based on testing and field experience. C. FM Listing: Provide sheet membrane, base flashings, and component materials that meet requirements of FM 4450 and FM 4470 as part of a roofing system and that are listed in FM's "Approval Guide" for Class 1 or noncombustible construction, as applicable. Identify materials with FM markings. 1. Roofing system shall comply with the following: a. Fire I Windstorm Classification: Class1A-90 TPO SINGLE-PLY MEMBRANE ROOFING 07531 - 1 BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF 1.5 SUBMITTALS A. Product Data: For each type of roofing product specified. Include data substantiating that materials comply with requirements. I. Provide data supporting all materials submitted for complete system are compatible with other components providing a fully compatible roofmg system approved by the membrane manufacturer and will meet all warranty requirements. B. Shop Drawings: Include plans, sections and details of the following: I. Insulation layout showing material layout and all areas proposed for tapered insulation. 2. Membrane layout showing walk-pad locations. 3. Base flashings and membrane terminations. 4. Typical membrane details at seams, vertical joints, reinforced areas at penetrations and curbs, walk-pads, etc. 5. Mechanical penetrations, mechanical curb details, roof edge and wall edge details. C. Samples for Verification: Three samples of each: I. 12-by-12-inch square sheet of roofing - provide thickness and color specified. 2. T-shaped side and end lap seam sample of adequate size to verify seam-welding condition. 3. 12-by-12-inch square section of proposed walk-pad material. D. Manufacturer Certificates: Signed by roofing manufacturer certifying that the roofing system complies with requirements specified in the "Performance Requirements" Article. Upon request, submit evidence of meeting requirements. E. Maintenance Data: For roofing system to include in the maintenance manuals specified in Division I. F. Warranty: Sample copy of roofing system manufacturer's warranty stating obligations, remedies, limitations, and exclusions of the warranty. Be aware this submittal must reflect the roofing system warranty requirements outlined elsewhere in this Specification Section. G. Inspection Report: Copy of roofing system manufacturer's inspection report upon completion of installation. 1.6 QUALITY ASSURANCE A. Installer Qualifications: Engage an experience installer to perform work of this section who has specialized in installing roofing similar to that required for this Project and who is approved, authorized, or licensed by the roofmg system manufacturer to install the proposed roofing membrane product. I. Provide manufacturer's letter of certification stating the installer is certified to install the proposed product. Letter must be dated within the past twelve months. TPO SINGLE-PLY MEMBRANE ROOFING 07531 - 2 I I I I I I I I I I I I I I I I I I I I I- I I I' I I: I I I I I I' I: I. I: I, I: I BOZEMAN WASTE WATER TREA TMENT FACILITY RE-ROOF B. Fire- Test-Response Characteristics: Provide roofing materials with the rrre-test-response characteristics indicated as detennined by testing identical products per test method indicated below by UL, FM, or another testing and inspecting agency acceptable to authorities having jurisdiction. Identify materials with appropriate markings of applicable testing and inspecting agency. 1. Exterior Fire-Test Exposure: Class A; ASTM E 108, for application and slopes indicated. 2. Fire-Resistance Ratings: ASlM E 119, for fire-resistance-roofrated assemblies of which roof system is a part. C. Pre-Installation Conference: Before proceeding with installation of roofing system, conduct a conference at the project site. Review proposed methods and installation procedures related to roofing system installation including, but not limited to, the following: 1. Meet with Owner, Architect, testing and inspecting agency representative, roofing installer, roofing system manufacturer's representative, and installers whose work interfaces with or affects roofmg including installers of roof accessories and roof- mounted equipment. 2. Review methods and procedures related to roofmg installation, including manufacturer's written instructions. 3. Examine deck substrate conditions and fmishes for compliance with requirements. 4. Review structural loading limitations of roof deck during and after roofmg. 5. Review base flashings, special roofing details, roof drainage, roof penetrations, equipment curbs, and condition of other construction that will aff~t roofing system. 6. Review temporary protection requirements for roofmg system during and after installation. 7. Review governing regulations and requirements for insurance and certificates if applicable. 8. Review roof observation and repair procedures after roofing installation. 9. Review roofing system warranty requirements. 10. Review and finalize construction schedule and verify availability of materials, installer's personnel, equipment and facilities needed to make progress.and avoid delays. 1.7 DELIVERY, STORAGE, AND HANDLING A. Deliver roofing materials to Project site in original containers with seals unbroken and labeled with manufacturers name, product brand name and type, date of manufacture, and directions for storing and mixing with other components. B. Store liquid materials in their original undamaged containers in a clean, dry, protected location and within the temperature range required by roofmg system manufacturer. Protect stored liquid material from direct sunlight. 1. Discard and legally dispose of liquid material that cannot be applied within its stated shelf life. TPO SlNGLE-PL Y MEMBRANE ROOFING 07531 - 3 BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF C. Protect roof insulation materials from physical damage and from deterioration by sunlight, moisture, soiling, and other sources. Store in a dry location. Comply with insulation manufacturer's written instructions for handling, storing, and protecting during installation. D. Handle and store roofing materials and place equipment in a manner to avoid permanent deflection of deck. 1.8 PROJECT CONDITIONS A. Weather Limitations: Proceed with roofing work only when existing and forecasted weather conditions permit roofing to be installed according to manufacturers' written instructions and warranty requirements. 1.9 WARRANTY A. General warranties specified in this article shall not deprive the Owner of other rights the Owner may have under other provisions of the Contract Documents and shall be in addition to, and run concurrent with, other warranties made by the Contractor under requirements of the Contract Documents. B. The roofing system manufacturer's representative shall inspect the installation of the roofing system during the construction phases and, upon completion, for their approval and warranty of the roofing system. I. Upon final inspection by the roofing system manufacturer's representative shall prepare a written report documenting the installation, final corrections necessary for acceptance of the system for warranty purposes, and required warranty documentation. C. Total System Manufacturer's No-Dollar-Limit Warranty: Submit a written warranty, without monetary limitation, signed by roofing system manufacturer agreeing to promptly repair leaks resulting from defects in materials, or workmanship for the following period: 1. Warranty Period: 20 years, non-prorated. 2. The Roofing Manufacturer shall approve the roofing system insulation system and may require changes in the system to comply with their warranty requirements. 3. The Roofing Manufacturer shall provide the Owner with a regular maintenance program for the Owner to follow during the warranty period. The Owner shall follow the regular maintenance program to maintain the roof warranty in force. 4. In the event of a roof leak, the Owner shall notify the Roofing Manufacturer's Warranty Service Department by telephone so that a quick response can be arranged. Secondly, the Roofing Manufacturer must be notified in writing within thirty (30) calendar days in order to meet the terms and conditions of the W8lT3llty. CAUTION: Reoortintt a roof leak, or other system problem. to the Manufacturer's LiCCJlsed Applicator (installer) or enlisting their service to investitmte or repair a problem does n9tc;gtl$titute notification to the Roofing System Manufucturer. TPO SINGLE-PLY MEMBRANE ROOFING 07531 - 4 I I I I I I I I I I I I I I I I I I I I I - - I \ I , I . :- I - I I I - I I I I I \to. BOZEMAN W ASTE WATER TREATMENT FACILITY RE-ROOF PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: I. TPO Single Ply Sheet: a. Firestone Building Products Co. b. GAF Materials Corporation c. JP Stevens Corporation d. GenFlex. Roofing Systems; GenCorp Polymer Products. 2. Polyisocyanurate Board Insulation: a. Firestone Building Products Co. b. GAF Materials Corp. c. Apache Products Co. d. Atlas Roofing Corporation. e. Celotex Corp. (The). 2.2 TPO SHEET A. TPO Sheet: Uniform, flexible sheet formed from a scrim reinforced thermoplastic polyolefin polymer, complying with ASTM D 4637, Type I, of the following grade, class, thickness, and exposed face color: I. Grade and Class: Grade 1 and Class U, reinforced sheet. 2. Thickness: 60 mils (1.5 mm), nominal. a. Ultimate elongation (ASTM D 412): 500 percent b. Brittleness test (ASTM D 2137): Minus 49 deg F. c. Tear strength (ASTM D 751 procedure B): 551bf. d. Breaking strength (ASTM D 751 Grab Method): 225 tbf. e. Dimensional stability, % change max. (ASTM D 1204 6 hrs @ 176 deg. F / 80 deg. C) White color: 0.2% f. Water absorption (ASTM D 471): +/-1% g. Ozone resistance (ASTM D 1149) PASS h. Weather resistance (Xenon arc ASTM G 26) PASS 1. Puncture resistance (FTM 101 B, Method 2031) 250 Ibf. 3. Provide systems for warranty wind speed of eighty (80) miles per hour. 4. Exposed Face Color: Gray (Standard color). 2.3 AUXILIARY MATERIALS A. General: Furnish auxiliary materials recommended by roofmg system manufacturer for intended use and compatible with TPO membrane roofing. TPO SINGLE-PLY MEMBRANE ROOFING 07531 - 5 2.4 2.5 BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF B. Sheet Flashing: 60~mil- (I .5~nHn-) thick TPO membrane, uncured or cured, according to application. Flashing may be preformed or field fabricated to meet requirements for roof penetrations. c. Bonding Adhesive: Manufacturer's standard bonding adhesive. D. Sealants: Sealants not a part of the roofing manufacturer's system shall be compatible with the manufacturer's materials and applied according to manufacturer's instructions. E. Fasteners: Factory-coated steel fasteners and metal or plastic plates meeting corrosion- resistance provisions of FM 4470, designed for fastening sheet to substrate, and acceptable to roofing system manufacturer. F. Miscellaneous Accessories: Provide edge metal systems, metal termination bars, metal battens, fasteners, pourable sealers, preformed cone and vent sheet flashings, preformed inside and outside comer sheet flashings, T -joint covers, termination reglets, solvents, and other accessories. INSULA nON MATERIALS A. General: Provide preformed roof insulation boards that comply with requirements, selected from manufacturer's standard sizes and of thicknesses indicated. I. Provide preformed, tapered insulation boards where indicated for sloping to drain. Fabricate with the following taper: a. 1/4 inch per 12 inches (] :48), unless otherwise indicated. 2. Provide preformed saddles, crickets, tapered edge strips, and other insulation shapes where indicated for sloping to drain. Fabricate to slopes indicated. B. Polyisocyanurate Board Insulation: (AC Foam II or equal) Rigid, cellular polyisocyanurate thermal insulation with core formed by using HCFCs as blowing agents to comply with ASTM C 1289, classified by facer type as follows: I. Facer Type: Type II, felt or glass-fiber mat on both major surfaces. INSULA nON ACCESSORIES A. General: Furnish roof insulation accessories recommended by insulation manufacturer for intended use and compatible with sheet roofing material. Insulation system must be approved for use with TPO membrane and meet warranty requirements. B. Adhesive for Bonding Insulation: Type recommended by insulation manufacturer and complying with flTe resistant requirements. c. Mastic Sealer: Type recommended by insulation manufacturer for bonding edge joints and filling voids. TPO SINGLE-PLY MEMBRANE ROOFING 07531 - 6 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF D. Vapor Barrier: Bitumen attachment at concrete deck: Apply primer to concrete, install hot bitumen in sufficient quantity to totally cover deck surface (18-30 LRS/Sq.) as recommended by manufacturer and the NRCA Roofing and Water Proofing Manual. Vapor barrier shall also seal all roof penetrations air tight. E. Provide system tested and approved for 1-90 wind uplift mting and installed in according to current International Building Code requirements and full system warmnty. System shall comply with all applicable FM and UL criteria. F. Provide warranty for fun system installation as outlined previously in this section. 2.6 WALKWAYS A. Walkway Pads: Factory-formed, nonporous, heavy-duty, TPO membrane, slip-resisting, surface-textured walkway pads, approximately 1/8 inch thick, and acceptable to roofing system manufacturer. Locate as indicated on drawings. PART 3 - EXECUTION 3.1 EXAMINA nON A. Contractor will be responsible for suitable substrate. Examine substrates, areas, and conditions under which roofmg will be applied, with Installer present, for compliance with requirements. All moisture saturated materials must be removed and substrate shall be made smooth and free of debris, sharp edges, and other surface irregularities. Contractor to verifY substrate meets moisture requirements for installation of roofmg system prior to proceeding with installation. B. Verify location and size of all existing roof openings and penetrations. Inspect condition of all existing equipment curbs and replace as necessary. Verify that roof drains are properly clamped into position. C. Verify that wood nailers are in place and secured and match thicknesses of insulation required. D. Do not proceed with installation until unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Clean substrate of dust, debris, and other substances detrimental to roofing installation according to roofing system manufacturer's written instructions. Remove sharp projections. B. Prevent materials from entering and clogging roof drains and conductors and from spilling or migrating onto surfaces of other construction. Remove roof-drain plugs when no work is taking place or when rain is forecast. C. Complete terminations and base flashings and provide temporary seals to prevent water from entering completed sections of the roofing system at the end of the workday or when rain is forecast. Remove and discard temporary seals before beginning work on adjoining roofing. TPO SINGLE-PLY MEMBRANE ROOFING 07531 -7 BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF 3.3 BITUMEN VAPOR-RETARDER INST ALLA nON A. Apply primer to concrete, instaIl hot bitumen in sufficient quantity to totally cover deck surface (18-30 LRS/Sq.) as recommended by manufacturer and the NRCA Roofing and Water Proofing Manual. Vapor barrier shaIl also seal all roof penetrations air tight. 3.4 INSULATION INSTALLATION A. Coordinate instaIling roofing system components so insulation is not exposed to precipitation or left exposed at the end of the workday. B. Comply with roofmg system manufacturer's written instructions for installing roof insulation, InstaIl insulation with long joints of insulation in a continuous straight line with end joints staggered between rows, abutting edges and ends between boards. Fill gaps exceeding W' with insulation. C. Install tapered insulation under area of roofing to conform to slopes indicated and to Shop Drawings. D. Install one or more layers of insulation under area of roofing to achieve required thickness. Where overall insulation thickness is 2 inches (50 mm) or greater, install required thickness in 2 or more layers with joints of each succeeding layer staggered from joints of previous layer a minimum of6 inches (150 mm) in each direction. E. Attached Insulation: Install each layer of insulation and secure to concrete deck using adhesive recommended by insulation manufacturer. System must meet warranty requirements. F. Treated Wood Stops: InstalI treated wood stops at roof edge to match roofing thickness. Attach wood stops with mechanical fasteners as recommended by roofing manufacturer. 3.5 FULLY ADHERED TPO SHEET INST ALLA nON A. Install TPO sheet over area to receive roofing according to roofing system manufacturer's written instructions. B. Start installation of sheet in presence of roofing system manufacturer's technical personnel. C. Unroll roofing material and allow to relax per manufacturer's recommendations. D. After placing sheet in its fmal position allowing for the minimum lap width per manufacturer specifications, fold the sheet back evenly onto itself without wrinkles to expose the underside mating surface of the sheet. E. Sweep the mating surfaces with a stiff broom to remove any dusting agent or dirt that may have accumulated F. Apply bonding adhesive with either a 9" wide solvent-resistant paint roller or a commercial grade adhesive sprayer. Adhesive must be applied in a relative uniform thickness to both surfaces at approximately the same time. If adhesive is spray applied, it must be back rolled with a paint roller to assure proper contact for coverage. TPO SINGLE-PLY MEMBRANE ROOFING 07531 - 8 I I I I I I I I I I I I 'I I 'I I I I I I I I I I I " , , , I ,. ,. " " ,{, I;: '" ,~. ,~. BOZEMAN WASTE WATER TREA TMENT FACILITY RE.ROOF G. Stop bonding agent short of seam area. Care must be taken to not apply bonding agent over an area that is later to be splice to another sheet or flashing. All bonding agent must be completely removed from the seam area. H. Accurately align sheets and maintain unifonn side and end laps of minimum dimensions required by manufacturer. Stagger end laps. 1. Clean seam areas, overlap sheets, and weld side and end laps of sheets and flashings according to manufacturer's written instructions to ensure a watertight seam installation. Complete welding of seams within twenty-four (24) hours of exposing TPO sheet or before curing of TPO sheet has begun. Hot air of solvent.weld seams as standard with roofing system manufacturer. 1. Test lap edges with probe to verify seam weld continuity. Apply seam caulk to seal cut edges of sheet membrane. 2. Repair tears, voids, and lapped seams in roofmg that does not meet manufacturer's installation requirements. J. Mechanically or adhesively fasten sheet securely at terminations and perimeter of roofing. K. Apply roofing sheet with side laps shingled with slope of roof deck where possible. L. Spread sealant or mastic bed over deck drain flange at deck drains and securely seal roofing sheet in place with clamping ring. M. Through-Membrane Attachment: Secure the sheet with battens or plates and mechanically fasten sheet to roof deck. Cover battens and fasteners with a continuous strip of sheet adhesive tape. 3.6 FLASHING INSTALLATION A. Install sheet flashings and prefonned flashing accessories and adhere to substrates according to roofing system manufacturers written instructions. I. Flash penetrations and field-fonned inside and outside comers with sheet flashing as required by manufacturer. 2. Clean seam areas, overlap sheets, and finnly roll flashings into the adhesive. Weld side and end laps to ensure a watertight seam installation. Complete welding of seams with twenty-four hours of exposing TPO sheet or before curing ofTPO sheet has begun. 3. Test lap edges with probe to verify seam weld continuity. Apply seam caulk to seal cut edges of sheet flashing. 4. Terminate and seal top of sheet flashings and mechanically anchor to substrate through termination bars. 5. Install dense, closed-cell foam tubing to support membrane at expansion joints and between incompatible materials. 6. Roofing installer is responsible to insure that all roof penetrations have been flashed and sealed properly and that all roof drain clamping rinltS have been set properly and clamping function has been tightened. TPO SINGLE-PLY MEMBRANE ROOFING 07531 - 9 BOZEMAN WASTE WATER TREATMENTFACILlTY RE~RooF 3.7 WALKWAY INSTALLATION A. Walkways: Install walkway products in locations indicated. Heat weld to membrane with compatible adhesive according to roofing system manufacturer's written instructions. 3.8 FIELD QUALITY CONlROL A. Final Roof Inspection: Arrange for roofmg system manufacturer's technical personnel to inspect roofing installation on completion and submit report to Architect. 3.9 PROTECTING AND CLEANING A. Protect sheet membrane roofmg from damage and wear during remainder of construction period. When remaining construction will not affect or endanger roofing, inspect roofing for deterioration and damage, describing its nature and extent in a written report, with copies to Architect and Owner. B. Correct deficiencies in or remove roofing that does not comply with requirements, repair substrates, reinstall roofing, and repair sheet flashings to a condition free of damage and deterioration at the time of Substantial Completion and according to warranty requirements. C. Clean overspray and spillage from adjacent construction using cleaning agents and procedures recommended by manufacturer of affected construction. END OF SECTION 07531 TPO SINGLE-PLY MEMBRANE ROOFING 07531 - 10 I I I I I I I I I I I I I I I I I I I I I , I I , I I , , I I , , , 1-' , I , I- I , BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF SECTION 07620 - SHEET METAL FLASHING AND TRIM PART 1 - GENERAL 1.1 SUMMARY A. This Section includes sheet metal flashing and trim in the following categories: 1. Roof-drainage systems. 2. Metal flashing. 3. Reglets. PART 2 - PRODUCTS 2.1 METALS A. Aluminum: Alloy and temper recommended by aluminum producer and finisher for type of use and finish indicated and with not less than the strength and durability of alloy and temper designated below: 1. TPQ Coated Aluminum Sheet: ASTM B 209 (ASTM B 20QM), 5005-H14, with a minimum thickness of 0.050 inch ( 1.2 mm). 2. Anodized Aluminum Sheet: ASTM B 209 (ASTM B 209M), 5005-HI4, with a minimum thickness of 0.050 inch (1.2 mm). 3. Factory-Painted Aluminum Sheet: ASTM B 209 (ASTM B 209M), 3003-H14, with a minimum thickness of 0.040 inch (1.0 mrn), unless otherwise indicated. B. Galvanized Steel Sheet: ASTM A 526, G 90 (ASTM A 526M, Z 275), commercial quality, or ASTM A 527, G 90 (ASTM A 527M, Z 275), lock-forming quality, hot-dip galvanized steel sheet with 0.20 percent copper, mill phosphatized where indicated for painting; not less than 0.0396 inch (1.0 111m) thick, unless otherwise indicated. 2.2 REGLETS A. General: Units of type, material, and profile indicated, fonned to provide secure interlocking of separate reglet and counterflashing pieces and compatible with flashing indicated. B. Surface-Mounted Type: Provide with slotted holes for fastening to substrate, with neoprene or other suitable weatherproofmg washers, and with channel for sealant at top edge. C. Countertlashing Wind-Restraint Clips: Provide clips to be installed before countertlashing to prevent wind uplift of the countertlashing lower edge. 1. Material: Aluminum, 0.024 inch (0.6 mm) thick. 2.3 MISCELLANEOUS MA TERlALS AND ACCESSORIES SHEET METAL FLASHING AND TRIM 07620 - 1 BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF A. Solder: ASTM B 32, Grade Sn50, used with rosin flux. B. Fasteners: Same metal as sheet metal flashing or other noncorrosive metal as recommended by sheet metal manufacturer. Match fmish of exposed heads with material being fastened. C. Metal Accessories: Provide sheet metal clips, straps, anchoring devices, and similar accessory units as required for installation of Work, matching or compatible with material being installed; noncorrosive; size and thickness required for performance. D. Gutter Screen: 1/4-inch (6-mm) hardware cloth installed in sheet metal frames. Fabricate screen and frame of same basic material as gutters and downspouts. 2.4 FABRICATION, GENERAL A. Sheet Metal Fabrication Standard: Fabricate sheet metal flashing and trim to comply with recommendations of SMACNA's "Architectural Sheet Metal Manual" that apply to the design, dimensions, metal, and other characteristics of the item indicated. B. For metal flashings that require adherence ofTPO roofing membrane metal fabrication must use TPO coated metal fabrication per roofing manufacturer's requirements. C. Comply with details shown to fabricate sheet metal flashing and trim that fit substrates and result in waterproof and weather-resistant performance once installed. Verify shapes and dimensions of surfaces to be covered before fabricating sheet metal. D. Seams: Fabricate nonmoving seams in sheet metal with flat-lock seams. Tin edges to be seamed, form seams, and solder. E. Seams: Fabricate nonmoving seams in aluminum with flat-lock seams. Form seams and seal with epoxy seam sealer. Rivet joints for additional strength. 2.5 SHEET METAL F ABRICA TIONS A. General: Fabricate sheet metal items in thickness or weight needed to comply with performance requirements but not less than that listed below for each application and metal. B. Exposed Trim, Gravel Stops, and Fascia: Fabricate from the following material: 1. TPO Coated Aluminum: 0.050 inch (J .2 mm) thick. C. Counterflashing: Fabricate from the following material: 1. TPO Coated Aluminum (where required): 0.050 inch (1.2 mm) thick. 2. Aluminum: 0.0320 inch (0.8 mm) thick. 3. Aluminum-Zinc Alloy-Coated Steel: 0.0217 inch (0.55 nun) thick. D. Drip Edges: Fabricate from the following material: 1. TPO Coated Aluminum (where required): 0.050 inch (1.2 mm) thick. 2. Aluminum: 0.0320 inch (0.8 111m) thick. 3. Aluminum-Zinc Alloy-Coated Steel: 0.02 J 7 inch (0.55 111m) thick. E. Equipment Support Flashing: Fabricate from the following material: SHEET METAL FLASHING AND TRIM 07620 - 2 I I I I I I I I I I I I I I I I I I I - I' il - - -'. - I' L." , , , ,. " ,~: " ,,: " , , ,. BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF 1. Aluminum-Zinc Alloy-Coated Steel: 0.0276 inch (0.7 mm) thick 2. Coil-Coated Galvanized Steel: 0.0276 inch (0.7 111m) thick. F. Roof-Penetration Flashing: Fabricate from the following material: 1. Aluminum-Zinc Alloy-Coated Steel: 0.0276 inch (0,7 mm) thick. 2.6 ALUMINUM FINISHES A. General: Comply with Aluminum Association's (AA) "Designation System for Aluminum Finishes" for finish designations and application recommendations. B. Where metal fabrication requires adherence of roofing membrane, metal shall be TPO coated per roofing manufacturer's requirements. See drawings for locations. C. High-Performance Organic Coating Finish: AA-CI2C42Rlx (Chemical Finish: cleaned with inhibited chemicals; Chemical Finish: acid chromate-fluoride-phosphate conversion coating; Organic Coating: as specified below). Prepare, pretreat, and apply coating to exposed metal surfaces to comply with coating and resin manufacturer's instructions. 1. Fluoropolymer 2-Coat Coating System: Manufacturer's standard 2-coat, thermocured system composed of specially fonnulated inhibitive primer and fluoropolymer color topcoat containing not less than 70 percent polyvinylidene fluoride resin by weight; complying with AAMA 605.2. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates and conditions under which sheet metal flashing and trim are to be installed and verify that Work may properly commence. Do not proceed with installation until unsatisfactory conditions have been corrected. 3.2 INSTALLATION A. General: Unless otherwise indicated, install sheet metal flashing and trim to comply with performance requirements, manufacturer's installation instructions, and SMACNA's "Architectural Sheet Metal Manual." Anchor units of Work securely in place by methods indicated, providing for thermal expansion of metal units; conceal fasteners where possible, and set units true to line and level as indicated. Install Work with laps, joints, and seams that will be permanently watertight and weatherproof. B. Expansion Provisions: Provide for thermal expansion of exposed sheet metal Work Space movement joints at maximum of 10 feet (3 m) with no joints allowed within 24 inches (610 mm) of corner or intersection. Where lapped or bayonet-type expansion provisions in Work cannot be used or would not be sufficiently weatherproof and waterproof, form expansion joints of intermeshing hooked flanges, not less than 1 inch (25 mm) deep, filled with mastic sealant (concealed within joints). SHEET METAL FLASIDNG AND TRIM 07620 - 3 BOZEMAN WASTE WATER TREATMENT FAClLITY RE-ROOF C. Sealed Joints: Form nonexpansion, but movable, joints in metal to accommodate elastomeric sealant to comply with SMACNA standards. Fill joint with sealant and form metal to completely conceal sealant. D. Install reglets to receive counterflashing according to the following requirements: 1. Where reglets are shown in concrete, furnish reglets for installation under Division 3 Section "Cast-in-Place Concrete." 2. Where reglets are shown in masonry, furnish reglets for installation under Division 4 Section "Unit Masonry." E. Counterflashings: Coordinate installation of counterflashings with installation of assemblies to be protected by counterflashing. Installcounterflashings in reglets or receivers. Secure in a waterproof manner by means of snap-in installation and sealant, lead wedges and sealant, interlocking folded seam, or blind rivets and sealant. Lap counterflashing joints a minimum of 2 inches (50 mm) and bed with sealant. END OF SECTION 07620 SHEET METAL FLASHING AND TRIM 07620 - 4 I I I I I I I I I I I I I I I I I I I I I I I I , " I ,) I , , I . I' I , '" ,~ , ,. I '-.. BOZEMAN WASTE WATER TREATMENT F ACllJTY RE-ROOF SECTION 07920 - JOINT SEALANTS PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes sealants for the following applications, including those specified by reference to this Section: B. This Section includes sealants for the following applications: I. Exterior joints in the following vertical surfaces and nontraffic horizontal surfaces: a. Joints between metal flashing and concrete. b. Joints between different materials listed above. c. Metal to metal applications. 2. Exterior joints in the following horizontal traffic surfaces: a. Joints between metal flashing and concrete. 1.3 PERFORMANCE REQUIREMENTS A. Provide elastomeric joint sealants that establish and maintain watertight and airtight continuous joint seals without staining or deteriorating joint substrates. B. Provide joint sealants for interior applications that establish and maintain airtight and water- resistant continuous joint seals without staining or deteriorating joint substrates. 1.4 SUBMITTALS A. Product Data: For each joint-sealant product indicated. 1.5 QUALITY ASSURANCE A. Installer Qualifications: An experienced installer who has specialized in instalIingjoint sealants similar in material, design, and extent to those indicated for this Project and whose work has resulted in joint-sealant installations with a record of successful in-service performance. JOINT SEALANTS 07920 - 1 BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF 1.6 DELIVERY, STORAGE, AND HANDLING A. Deliver materials to Project site in original unopened containers or bundles with labels indicating manufacturer, product name and designation, color, expiration date, pot life, curing time, and mixing instructions for multicomponent materials. B. Store and handle materials in compliance with manufacturer's written instructions to prevent their deterioration or damage due to moisture, high or low temperatures, contaminants, or other causes. 1.7 PROJECT CONDITIONS A. Environmental Limitations: Do not proceed with installation of joint sealants under the following conditions: 1. When ambient and substrate temperature conditions are outside limits permitted by joint sealant manufacturer. 2. When ambient and substrate temperature conditions are outside limits permitted by joint sealant manufacturer or are below 40 deg F (4.4 deg C). 3. When joint substrates are wet. B. Joint-Width Conditions: Do not proceed with installation of joint sealants where joint widths are less than those allowed by joint sealant manufacturer for applications indicated. C. Joint-Substrate Conditions: Do not proceed with installation of joint sealants until contaminants capable of interfering with adhesion are removed from joint substrates. 1.8 WARRANTY A. General Warranty: Special warranties specified in this Article shall not deprive Owner of other rights Owner may have under other provisions of the Contract Documents and shall be in addition to, and run concurrent with, other warranties made by Contractor under requirements of the Contract Documents. PART 2 - PRODUCTS 2.1 PRODUCTS AND MANUFACTURERS A. Available Products: Subject to compliance with requirements, products that may be incorporated into the Work include, but are not limited to, the products specified in the sealant schedules at the end of Part 3. 2.2 MATERIALS, GENERAL A. Compatibility: Provide joint sealants, backings, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience. JOINT SEALANTS 07920 - 2 I I I I I I I I I I I I I I I I I I I I I I J - - I I I " I .1i... , I I.. .i' I I I 'I. ,; 'S.", \1.. , ~"- I ~ BOZEMAN WASTE WATER TREA TMENT FACILITY RE-ROOF B. Colors of Exposed Joint Sealants: As selected by Architect from manufacturer's full range for this characteristic. 2.3 ELASTOMERIC JOINT SEALANTS A. Elastomeric Sealant Standard: Comply with ASTM C 920 and other requirements indicated for each liquid-applied chemically curing sealant in the Elastomeric Joint-Sealant Schedule at the end of Part 3. including those referencing ASTM C 920 classifications for type. grade. class. and uses. B. Additional Movement Capability: Where additional movement capability is specified in the Elastomeric Joint-Sealant Schedule. provide products with the capability. when tested for adhesion and cohesion under maximum cyclic movement per ASTM C 719, to withstand the specified percentage change in the joint width existing at the time of installation and remain in compliance with other requirements of ASTM C 920 for uses indicated. 2.4 JOINT-SEALANT BACKING A. General: Provide sealant backings of material and type that are nonstaining; are compatible with joint substrates. sealants, primers, and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. 2.5 MISCELLANEOUS MA TERlALS A. Primer: Material recommended by joint sealant manufacturer where required for adhesion of sealant to joint substrates indicated, as determined from preconstruction joint-sealant-substrate tests and field tests. B. Cleaners for Nonporous Surfaces: Chemical cleaners acceptable to manufacturers of sealants and sealant backing materials, free of oily residues or other substances capable of staining or hanning joint substrates and adjacent nonporous surfaces in any way, and formulated to promote optimum adhesion of sealants with joint substrates. C. Masking Tape: Nonstaining, nonabsorbent material compatible with joint sealants and surfaces adjacent to joints. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine joints indicated to receive joint sealants, with Installer present, for compliance with requirements for joint configuration, installation tolerances, and other conditions affecting joint- sealant performance. B. Proceed with installation only after unsatisfactory conditions have been corrected. JOINT SEALANTS 07920 - 3 .,.- 3.2 3.3 BOZEMAN W ASTE WATER TREATMENT FACILITY RE-ROOF PREP ARA TION A. Surface Cleaning of Joints: Clean out joints immediately before installing joint sealants to comply with joint sealant manufacturer's written instructions and the following requirements: 1. Remove all foreign material from joint substrates that could interfere with adhesion of joint sealant, including dust, paints (except for permanent, protective coatings tested and approved for sealant adhesion and compatibility by sealant manufacturer), old joint sealants, oil, grease, waterproofing, water repellents, water, surface dirt, and frost. 2. Clean porous joint substrate surfaces by brushing, grinding, blast cleaning, mechanical abrading, or a combination of these methods to produce a clean, sound substrate capable of developing optimum bond with joint sealants. Remove loose particles remaining from above cleaning operations by vacuuming or blowing out joints with oil-free compressed air. Porous joint surfaces include the following: a. Concrete. b. Masonry. c. Unglazed surfaces of ceramic tile. 3. Remove laitance and form-release agents from concrete. 4. Clean nonporous surfaces with chemical cleaners or other means that do not stain, harm substrates, or leave residues capable of interfering with adhesion of joint sealants. a. Metal. b. Glass. c. Porcelain enamel. d. Glazed surfaces of ceramic tile. B. Joint Priming: Prime joint substrates where recommended in wntmg by joint sealant manufacturer, based on preconstruction joint-sealant-substrate tests or prior experience. Apply primer to comply with joint sealant manufacturer's written instructions. Confine primers to areas of joint-sealant bond; do not allow spillage or migration onto adjoining surfaces. C. Masking Tape: Use masking tape where required to prevent contact of sealant with adjoining surfaces that otherwise would be permanently stained or damaged by such contact or by cleaning methods required to remove sealant smears. Remove tape immediately after tooling without disturbing joint seal. INST ALLA nON OF JOINT SEALANTS A. General: Comply with joint sealant manufacturer's written installation instructions for products and applications indicated, unless more stringent requirements apply. B. Sealant Installation Standard: Comply with recommendations of ASTM C 1193 for use of joint sealants as applicable to materials, applications, and conditions indicated. c. Install sealant backings of type indicated to support sealants during application and at position required to produce cross-sectional shapes and depths of installed sealants relative to joint widths that allow optimum sealant movement capability. JOINT SEALANTS 07920 - 4 I I I I I I I I I I I I I I I I I I I I ; I' I" , . I: I'" ,:: ." It I' I I I.' I.. 1,' I" .,:;; I' I; Ii I <;' I I BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF I. Do not leave gaps between ends of sealant backings. 2. Do not stretch, twist, puncture, or tear sealant backings. 3. Remove absorbent sealant backings that have become wet before sealant application and replace them with dry materials. D. Install bond-breaker tape behind sealants where sealant backings are not used between sealants and back of joints. E. Install sealants by proven techniques to comply with the following and at the same time backings are installed: I. Place sealants so they directly contact and fully wet joint substrates. 2. Completely fill recesses provided for each joint configuration. 3. Produce unifonn, cross-sectional shapes and depths relative to joint widths that allow optimum sealant movement capability. F. Tooling of Nonsag Sealants: Immediately after sealant application and before skinning or curing begins, tool sealants according to requirements specified below to form smooth, uniform beads of configuration indicated; to eliminate air pockets; and to ensure contact and adhesion of sealant with sides of joint. 1. Remove excess sealants from surfaces adjacent to joint. 2. Use tooling agents that are approved in writing by sealant manufacturer and that do not discolor sealants or adjacent surfaces. 3. Provide concave joint configuration per Figure 5A in ASTM C 1193, unless otherwise indicated. 4. Provide flush joint configuration, per Figure 5B in ASTM C 1193, where indicated. 5. Provide recessed joint configuration, per Figure 5C in ASTM C 1193, of recess depth and at locations indicated. a. Use masking tape to protect adjacent surfaces of recessed tooled joints. 3.4 CLEANING A. Clean off excess sealants or sealant smears adjacent to joints as the Work progresses by methods and with cleaning materials approved in writing by manufacturers of joint sealants and of products in which joints occur. 3.5 PROTECTION A. Protect joint sealants during and after curing period from contact with contaminating substances and from damage resulting from construction operations or other causes so sealants are without deterioration or damage at time of Substantial Completion. If, despite such protection, damage or deterioration occurs, cut out and remove damaged or deteriorated joint sealants immediately so installations with repaired areas are indistinguishable from the original work. JOINT SEALANTS 07920 - 5 -.,.. BOZEMAN WASTE WATER TREATMENT FACILITY RE-ROOF 3.6 ELASTOMERIC JOINT-SEALANT SCHEDULE A. Single-Component Nonsag Polysulfide Sealant ES-#: Where joint sealants of this type are indicated, provide products complying with the following: 1. Products: Available products include the following: a. Dow Coming Sonnebam. 2. Type and Grade: S (single component) and NS (nonsag). 3. Class: 25. 4. Use Related to Exposure: NT (nontraffic). 5. Uses Related to Joint Substrates: M, G, A, and, as applicable to joint substrates indicated, O. END OF SECTION 07920 1 JOINT SEALANTS 07920 - 6 I I I I I I I I I I I I I I I I I I I