The URL can be used to link to this page

Report PROJECT MANUAL FOR 1-"FrF" IV Egt ' R 162013 BUtD1N F rl GARD G DIVISION Twality Middle P2 - e I School City of Tigard Cafetorium Approved Plans By. Date thzir Re Roof 14( Tto 97 OFFICE COPY Tigard-Tualatin School District 6960 SW Sandburg Street Tigard, OR 97223 Bid Set April 16, 2013 IBI GROUP Dull Olson Weekes - IBI Group Architects Inc. SET NO . PROJECT MANUAL FOR: Twality Middle School Cafetorium Re-Roof for (OWNER) Tigard-Tualatin School District 6960 SW Sandburg Street Tigard, OR 97223 (ARCHITECT) Dull Olson Weekes - IBI Group Architects 907 SW Stark Street Portland, OR 97205 PH: 503 226-6950 / FAX: 503 273-9192 2282 r, -- V C. ► - IN ( . • A D, ON .:/) OF 0\)\44 April 16, 2013 • TABLE OF CONTENTS TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS DIVISION 00—PROCUREMENT AND CONTRACTING REQUIREMENTS 00 21 13 Instructions to Bidders • Substitution Request Form 00 31 00 Available Project Information Owner Furnished Material Quantities 00 41 00 Bid Form 00 52 00 Agreement Form • AlA Document A101 -2007"Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum" 00 72 00 General Conditions Modified AIA Document A201 -2007"General Conditions of the Contract for Construction" 00 73 00 Public Contracting SPECIFICATIONS DIVISION 01 —GENERAL REQUIREMENTS 01 10 00 Summary 01 13 31 Certificate of Compliance 01 13 32 Certificate of No Hazardous Materials 01 20 00 .Price and Payment Procedures 01 21 00 Allowances 01 22 00 Unit Prices • 01 26 00 Contract Modification Procedures 01 30 00 Administrative Requirements .- 01 32 00 Construction Progress Documentation 01 32 33 Photographic Documentation 01 40 00 Quality Requirements 01 42 16 Definitions 01 50 00 Temporary Facilities and Controls 01 60 00 Product Requirements Substitution Request(After the Bidding Phase) 01 70 00 Execution • 01 74 19 Construction Waste Management and Disposal 01 77 00 Closeout Procedures 01 78 00 Closeout Submittals DIVISION 02—EXISTING CONDITIONS 02 41 19 Selective Structure Demolition DIVISION 03--CONCRETE(NOT USED) DIVISION 04—MASONRY(NOT USED) • DIVISION 05—METALS(NOT USED) DIVISION 06—WOOD, PLASTICS, AND COMPOSITES 06 10 00 Rough Carpentry DIVISION 07--THERMAL AND MOISTURE PROTECTION 07 51 00 Built-Up Bituminous Roofing 07 62 00 Sheet Metal Flashing and Trim • • DIVISION 08—OPENINGS (NOT USED) Project No 12051 •Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof Page- 1 Punted 3/26/2013 . TABLE OF CONTENTS DIVISION 09—FINISHES 09 90 00 Painting and Coating 09 96 53 Elastomeric Coatings DIVISION 10—SPECIALTIES(NOT USED) DIVISION 11 --EQUIPMENT 11 13 13 Loading Dock Bumpers DIVISION 12--FURNISHINGS(NOT USED) DIVISION 13—SPECIAL CONSTRUCTION (NOT USED) DIVISION 14--CONVEYING EQUIPMENT(NOT USED) DIVISION 21 --FIRE SUPPRESSION (NOT USED) DIVISION 22--PLUMBING (NOT USED) DIVISION 23--HEATING,VENTILATING, AND AIR-CONDITIONING (HVAC) (NOT USED) DIVISION 26--ELECTRICAL (NOT USED) DIVISION 27--COMMUNICATIONS(NOT USED) DIVISION 28—ELECTRONIC SAFETY AND SECURITY (NOT USED) DIVISION 31 —EARTHWORK(NOT USED) DIVISION 32—EXTERIOR IMPROVEMENTS(NOT USED) DIVISION 33—UTILITIES(NOT USED) END OF TABLE OF CONTENTS Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof Page-2 Printed 3/26/2013 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS SECTION 00 21 13 INSTRUCTIONS TO BIDDERS SUMMARY 1.01 DOCUMENT INCLUDES A. Invitation 1. Bid Submission 2. Intent 3. Work Identified in the Contract Documents 4. Contract Time B. Bid Documents and Contract Documents 1. Definitions • 2. Contract Documents Identification 3. Availability 4. Examination 5. Inquiries/Addenda 6. Product/Assembly/System Substitutions C. Site Assessment 1. Site Examination 2. Prebid Conference D. Qualifications 1. Evidence of Qualifications 2. Subcontractors/Suppliers/Others E. Bid Submission 1. Submission Procedure 2. Bid Ineligibility F. Bid Enclosures/Requirements 1. Security Deposit 2. Performance Assurance 3. Bid Form Requirements 4. Bid Form Signature G. Offer Acceptance/Rejection 1. Duration of Offer 2. Acceptance of Offer H. Notice/Protest of Award 1. Notice of Award 2. Protest of Award 1.02 RELATED DOCUMENTS A. Document 00 31 00 -Available Project Information. B. Document 00 41 00-Bid Form. INVITATION 2.01 BID SUBMISSION A. Bids signed and under seal, executed, and dated will be received at the office of the Owner at 6960 SW Sandburg Street, Tigard, OR 97223 before 2:00 p.m. local standard time on the 7th day of May, 2013. B. Offers submitted after the above time shall be returned to the bidder unopened. C. Offers will be opened publicly immediately after the time for receipt of bids. Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 00 21 13- 1 Pnnted 4/9/2013 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS 2.02 INTENT A. The intent of this Bid request is to obtain an offer to perform work to complete a partial tear off and roof replacement and related Work for the Twality Middle School -Cafetorium Re-Roof Project located at 14650 Southwest 97th Avenue, Tigard, OR 97224 for a Stipulated Sum contract, in accordance with the Contract Documents. 2.03 WORK IDENTIFIED IN THE CONTRACT DOCUMENTS A. Work of this proposed Contract comprises building construction, including roof replacement and related Work as indicated and required for a complete roof assembly. 2.04 CONTRACT TIME A. The Project Schedule is as follows: 1. Open Bids/Notice of Intent to Award: " May 7, 2013 2. Anticipated Contractor Partial Notice to Proceed: May 15, 2013 3. Anticipated Contractor Full Notice to Proceed: June 13, 2013 4. Substantial Completion: July 25, 2013 5. Final Completion: August 8, 2013 B. The bidder, in submitting an offer, accepts the Contract Time period stated for performing the Work. BID DOCUMENTS AND CONTRACT DOCUMENTS 3.01 DEFINITIONS A. Bid Documents: Contract Documents supplemented with Instructions to Bidders, Bid Form, and the following Supplemental Documents. 1. Document 00 31 00-Available Project Information. B. Contract Documents: Defined in AIA A101 including issued Addenda. C. Bid, Offer, or Bidding:Act of submitting an offer under seal. D. Bid Amount: Monetary sum identified by the Bidder in the Bid Form. 3.02 CONTRACT DOCUMENTS IDENTIFICATION A. The Contract Documents are identified as Project Number 12051, as prepared by Dull Olson Weekes- IBI Group Architects who is located at 907 SW Stark Street, Portland, OR 97205, and with contents as identified in the Table of Contents of the Project Manual and Title Sheet of the Drawings. 3.03 AVAILABILITY A. Sets of Bid Documents may be obtained at Precision Images; 900 SE Sandy Boulevard, Portland, OR 97214; (503 274-2030).A refundable deposit of$50 is required for a single set of plans and specifications for any interested General Contractor. Documents are also available electronically from Precision Images. No partial sets will be provided. Neither the Owner nor Architect will be responsible for bids based on incomplete sets of Documents. B. Deposit will be refunded if Bid Documents are returned complete, undamaged, unmarked and reusable, within 7 days of bid submission. Failure to comply will result in forfeiture of deposit. C. Bid Documents are made available only for the purpose of obtaining offers for this project.Their use does not grant a license for other purposes. 3.04 EXAMINATION A. Upon receipt of Bid Documents verify that documents are complete. Notify Architect should the documents be incomplete. B. Immediately notify Architect, via email upon finding discrepancies or omissions in the Bid Documents. Point of contact with the Architect is identified in the Inquiries/Addenda Paragraph. Phone calls are not permitted. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 00 21 13-2 Printed 4/9/2013 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS 3.05 INQUIRIES/ADDENDA A. Direct questions to Rebecca Stuecker, email: rbecca.stuecker @dowa-ibigroup.com. Phone calls are not permitted. B. Addenda may be issued during the bidding period. All Addenda become part of the Contract Documents. Include resultant costs in the Bid Amount. C. Verbal answers are not binding on any party. D. Clarifications requested by bidders must be in writing not less than 7 days before date set for receipt of bids. The reply will be in the form of an Addendum, a copy of which will be forwarded to known recipients. E. An issue that could have been, but is not, addressed through an inquiry or request for clarification is not grounds for a protest of award. 3.06 PRODUCT/ASSEMBLY/SYSTEM SUBSTITUTIONS A. Where the Bid Documents stipulate a particular product, substitutions will be considered up to 10 days before receipt of bids. B. When a request to substitute a product is made, Architect may approve the substitution and will issue an Addendum to known bidders. C. The submission shall provide sufficient information to determine acceptability of such products. D. Provide complete information on required revisions to other work to accommodate each proposed substitution. E. Provide products as specified unless substitutions are submitted in this manner and accepted. F. See Section 01 60 00- Product Requirements for additional requirements. SITE ASSESSMENT 4.01 SITE EXAMINATION A. Examine the project site before submitting a bid. B. A visit to the site has been arranged for bidders following the prebid Conference. 4.02 PREBID CONFERENCE A. A mandatory prebid conference has been scheduled for 3:30 p.m. on the 22nd day of April, 2013 at 14650 Southwest 97th Avenue, Tigard, OR 97224. B. . All general contract bidders and suppliers are invited. C. Representatives of Architect will be in attendance: D. Summarized minutes of this meeting will be circulated to attendees. These minutes will not form part of the Contract Documents. E. Information relevant to the Bid Documents will be recorded in an Addendum, issued to Bid Document recipients. QUALIFICATIONS 5.01 EVIDENCE OF QUALIFICATIONS A. To demonstrate qualification for performing the Work of this Contract, bidders may be requested to submit written evidence of financial position and previous experience, license to perform work in the State. 5.02 SUBCONTRACTORS/SUPPLIERS/OTHERS A. Owner reserves the right to reject a proposed subcontractor for reasonable cause. B. Refer to General Conditions. Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 00 21 13-3 Pnnted 4/9/2013 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS • BID SUBMISSION 6.01 SUBMISSION PROCEDURE A. Bidders shall be solely responsible for the delivery of their bids in the manner and time prescribed. B. Submit one copy of the executed off er on the Bid Forms provided, signed and sealed in a closed opaque envelope, clearly identified with bidder's name, project name and Owner's name on the outside. C. Address the Bid to Machelle Stephens, Purchasing Agent of Tigard-Tualatin School District, at the Business Office, Tigard-Tualatin School District No. 23J, 6960 SW Sandburg Street, Tigard, Oregon 97223. 6.02 BID INELIGIBILITY A. Bids that are unsigned, improperly signed or sealed, conditional, illegible, obscure, contain arithmetical errors, erasures, alterations, or irregularities of any kind, may at the discretion of the Owner, be declared unacceptable. B. Bid Forms,Appendices; and enclosures that are improperly prepared may, at the discretion of Owner, be declared unacceptable. C. Failure to provide security deposit, bonding or insurance requirements may, at the discretion of Owner, be waived. BID ENCLOSURES/REQUIREMENTS 7.01 SECURITY DEPOSIT A. No bid security deposit or bid security bond is required. 7.02 PERFORMANCE ASSURANCE A. Accepted Bidder: Provide a Performance and Payment bond as described in the General Conditions. B. Include the cost of performance assurance bonds in the Bid Amount. 7.03 BID FORM REQUIREMENTS A. Complete all requested information in the Bid Form. 7.04 BID FORM SIGNATURE A. The Bid Form shall be signed by the bidder, as follows: 1. Sole Proprietorship: Signature of sole proprietor in the presence of a witness who will also sign. Insert the words "Sole Proprietor" under the signature. Affix seal. 2. Partnership: Signature of all partners in the presence of a witness who will also sign. Insert the word "Partner"under each signature.Affix seal to each signature. 3. Corporation: Signature of a duly authorized signing officer(s)in their normal signatures. Insert the officer's capacity in which the signing officer acts, under each signature.Affix the corporate seal. If the bid is signed by officials other than the president and secretary of the company, or the president/secretary/treasurer of the company, a copy of the by-law resolution of their board of directors authorizing them to do so, must also be submitted with the Bid Form in the bid envelope. 4. Joint Venture: Each party of the joint venture shall execute the Bid Form under their respective seals in a manner appropriate to such party as described above, similar to the requirements of a Partnership. OFFER ACCEPTANCE/REJECTION 8.01 DURATION OF OFFER A. Bids shall remain open to acceptance and shall be irrevocable for a period of thirty(30)days after the bid closing date. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 00 21 13-4 Printed 4/9/2013 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS 8.02 ACCEPTANCE OF OFFER A. After acceptance by Owner, Architect on behalf of Owner, will issue to the successful bidder, a written Bid Acceptance. NOTICE/PROTEST OF AWARD 9.01 NOTICE OF AWARD A. The District shall mail a written notice of award to all Bidders.The written notice of award of the contract shall constitute a final decision of the District to award the contract if no written protest of the notice of award is within seven (7)calendar days of the notice of award is mailed. If a protest is timely filed,the notice of award is a final decision of the District only upon issuance of a written decision denying the protest and affirming the award. The notice of award and any written decision denying or approving a protest shall be sent to every Bidder. 9.02 PROTEST OF AWARD A. Any actual Bidder who is adversely affected or aggrieved by the District's notice of award of the contract to another Bidder on the same solicitation shall have seven (7)calendar days after the date of notice of award to submit to the District a written protest of the notice of award.The District shall not entertain a protest submitted after the time period established in this provision. A Bidder is "adversely affected or aggrieved"only if the Bidder is eligible for award of the contract as the responsible Bidder submitting the lowest responsive bid and is next in line for • award, i.e., the protester must claim that all lower Bidders are ineligible for award because the bids are nonresponsive; or because The District committed a substantial violation of a provision in the Bidding Documents or of an applicable procurement statute or rule, and the protesting Bidder was unfairly evaluated and would have, but for such substantial violation, been the responsible Bidder offering the lowest bid. B. Bidders must submit written protest of award to Machelle Stephens, Purchasing Agent of Tigard-Tualatin School District, at the Business Office, Tigard-Tualatin School District No. 23J, 6960 SW Sandburg Street, Tigard, OR 97223.The written protest must specify the grounds upon which the protest is based.An issue that could have been, but was not, raised as a request for clarification or protest of a specification pursuant to these instructions shall not be grounds for a protest of award. END OF INSTRUCTIONS TO BIDDERS Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 00 21 13- 5 Printed 4/9/2013 SUBSTITUTION REQUEST FORM TO: Dull Olson Weekes - IBI Group Architects Inc. 907 SW Stark Street Portland, OR 97205 PROJECT: Twality Middle School-Cafetorium Re-Roof We hereby submit for your consideration the Product described below as a substitute for the specified product indicated: 1. Specified Product: Name: Section: _ Paragraph: 2. Proposed Substitution: a. Brand Name: b. Model/Catalog No.: c. Manufacturer: (Name) (Address) (Zip) (Telephone) d. Nearest Distributor: (Name) (Address) (Zip) (Telephone) e. Substitute product effects adjacent Work in the following way: 3. Supporting Data: a. Attached data includes product description, specifications, drawings, photographs, performance and test data adequate for evaluation of the request; applicable portions of the data are clearly identified. b. Attached data also includes description of changes to Contract Documents which proposed substitution will require for its proper installation. 4. Certification: The undersigned certifies that the following paragraphs, unless modified on attachments, are correct: a. The proposed substitution does not affect dimensions shown on Drawings. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof Page- 1 Printed 3/26/2013 SUBSTITUTION REQUEST FORM • b. The undersigned will pay for changes to the building design, including engineering design, detailing and construction costs caused by the requested substitution. c. The proposed substitution will have no adverse affect on other trades, the construction schedule, or specified warranty requirements. d. Maintenance and service parts will be locally available for the proposed substitution. e. The function, appearance and quality of the proposed substitution are equal or superior in all respects to the product specified. 5. Submitted By: Firm: (Name) (Address) (Zip) (Telephone) By: Title: (Please type or print) Signature: 6. Acceptance/Reiection: Acceptable substitution items will be covered by an Addendum issued to all Bidders. 7. Architects Action: The following is for use by the Architect: • Accepted _ Accepted with exceptions as noted Not Accepted _ Received after deadline Remarks: By: Date: For: Dull Olson Weekes- IBI Group Architects Inc. END OF FORM Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof Page-2 Printed 3/26/2013 DOCUMENT 00 31 00 AVAILABLE PROJECT INFORMATION DOCUMENT 00 31 00 AVAILABLE PROJECT INFORMATION PART 1 GENERAL(NOT USED) PART 2 PRODUCTS • 2.01 OWNER FURNISHED MATERIAL QUANTITIES A. A listing of quantities of materials furnished by the Owner for installation as Work of this Project is included with this document for information only. PART 3 EXECUTION (NOT USED) END OF DOCUMENT • Project No.12051 . Tigard-Tualatin School District • April 2013 Twality Middle School-Cafetorium Re-Roof 00 31 00- 1 Printed 3/27/2013 • OWNER FURNISHED MATERIAL QUANTITIES Product Name Quantity Unit Size • Burmastic @ 2.5gaI/sqr/ply 12 Barrels (52 Gal) Burmastic • Pails (5 Gal) Ecolastic 7 Barrels (53 Gal) Ecolastic 5 Pails (5 Gal) ; Burmastic Glass Ply 28Ib (as base sheet)' Rolls (3 Sqr) Composite Ply HT 128 Rolls (2 sqr) Composite Ply Premium Rolls (2 sqr) TRA Reinforced Flashing Sheet 50' x 12" 0 Rolls 50' X 18" 4 Rolls • Tremlar LRM V 10 3 gal TremPrime QD Barrels (55 Gal) TremPrime QD 4 5 gal Fas-N-Free 36 5 gal Mastic ELS (Regular Grade) 6 5 gal Burmesh • 4" 2 Rolls 6" 1 Rolls Double Duty Aluminum 5 gal 2 1 gal • • • Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof Page- 1 Pnnted 3/26/2013 DOCUMENT 00 41 00 BID FORM PROPOSAL FOR TWALITY MIDDLE SCHOOL CAFETORIUM RE-ROOF Tigard-Tualatin School District Tigard, Oregon Date: TO: Tigard-Tualatin School District 6960 SW Sandburg Street Tigard, OR 97223 FROM: Dear Sir: Having carefully examined the Project Manual entitled "Twality Middle School -Cafetorium Re-Roof to be located at 14650 SW 97"' Avenue, Tigard, OR 97224, and the Drawings, similarly titled, as well as the premises and conditions affecting the work, the Undersigned states he has the personnel and means to complete the work and proposes to furnish all labor and materials and to perform all work required by and in strict accordance with the above named documents for the following sums: 1.01 BASE BID For the Base Bid, as defined in the Project Manual and Drawings,the sum of(including all allowances listed below): DOLLARS($ ) Do not include the cost of OFCI materials listed in Document 00 31 00-Available Project Information, Article 2.01 in the Base Bid. Bidder acknowledges that the Base Bid indicated above includes the following Allowance: Allowance No. 1 for Roof Sheathing in the amount of( ) (Assuming 100 total sq ft.) (Bidder insert allowance amount lump sum based on Unit Price No. 1.) Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 00 41 00- 1 Pruned 3/26/2013 DOCUMENT 00 41 00 BID FORM 1.02 UNIT PRICES Should the undersigned be required to provide Work over and above that required by the Contract Documents, the undersigned will be paid extra on the basis of Unit Prices quoted herein. Prices quoted shall include overhead and profit and all other charges for the complete Work as described in Section 01 22 00 and specified under the applicable Sections of the Specifications. A. Unit Price No. 1: Description: Roof Sheathing Add: per square foot 1.03 TIME OF COMPLETION The Undersigned agrees to complete the work within the number of calendar days as stipulated in the Owner-Contractor Agreement and the Instruction to Bidders. The schedule below contains certain specific dates. These dates shall be adhered to and are the last acceptable dates, unless modified by mutual agreement between Contractor and the Owner. All dates indicated at midnight, unless otherwise stipulated. The only exceptions to this schedule are defined in the A201-2007 General Conditions. Open Bids/Notice of Intent to Award: May 7, 2013 Anticipated Contractor Limited Notice to Proceed: • May 15, 2013 Anticipated Contractor Full Notice to Proceed: June 17, 2013 Substantial Completion: July 25, 2013 Final Completion: August 8, 2013 1.04 CONTRACT&BONDS Should the Undersigned be notified of the acceptance of this bid within 30 days after the time set for opening bids, he agrees to execute a contract for the above work, for a compensation computed from the above sums, and to furnish certificate of insurance and performance, labor and material payment and maintenance bonds as required by the Project Manual. 1.05 RESIDENCY Pursuant to ORS 279C.365, bidder(check one) is /is not a resident bidder. If not, indicate State of residency 1.10 ADDENDA Receipt of the following Addenda to the Contract Documents is acknowledged. Addendum No. Date Addendum No. Date Addendum No. Date Addendum No. Date Addendum No. Date Addendum No. Date Addendum No. Date Addendum No. Date Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 00 41 00-2 Printed 3/26/2013 DOCUMENT 00 41 00 BID FORM • 1.11 LEGAL STATUS.OF BIDDER (Signature of Bidder) By (Name) (Title) (Legal name of person, firm or corporation) (Business Address) (City, State, Zip) • (Telephone Number) The names of the president, treasurer and manager of the bidding corporation, or the names and residences of.all persons,and parties interested in this proposal as partners or principals are as follows: State of Oregon Contractor's License No. • 1.12 STATE PROVISIONS The Undersigned certifies as follows: The Undersigned is licensed with the State of Oregon Construction Contractors Board (CCB) prior to bidding on Public Improvement Contract(s). FAILURE TO COMPLY WITH THIS REQUIREMENT SHALL RESULT IN BID REJECTION. CONSTRUCTION CONTRACTORS BOARD REGISTRATION NO.: _' EXPIRATION DATE OF CCB NO.: The Undersigned has not and will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a minority,women, or emerging small business enterprise certified under ORS 200.055. The undersigned agrees to be bound by and will comply with the federal Davis-Bacon Act(40 U.S.C. 3141 et seq.)and the State Oregon Prevailing Wage Law(ORS 279C.838 and 279C.840). Contractor and any subcontractors must pay the higher of the federal prevailing wage rate or the state prevailing wage, as determined by the Director of Bureau of Labor and Industries ("BOLT"). The applicable prevailing wage rates are those rates as set forth in the January 1, 2011, Bureau of Labor and Industries Publication "Prevailing Wage Rates for Public.Works Contracts subject to BOTH the State PWR and Federal Davis Bacon Act(including amendments)"Such publication Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 00 41 00-3 Prmted 3/26/2013 DOCUMENT 00 41 00 BID FORM can be reviewed electronically at http://www.boli.state.or.us/BOLI/WHD/PWR/pwr db2.shtml and is hereby incorporated as part of the Contract Documents. Respectfully submitted this date of , 20_ Firm Name: Address: City, State, Zip: Signature: Name(type): END OF SECTION • • • • Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 00 41 00-4 Primed 3/28/2013 DOCUMENT 00 52 00 AGREEMENT FORM • DOCUMENT 00 52 00 AGREEMENT FORM PART 1 GENERAL 1.01 FORM OF AGREEMENT A. AIA Document A101 -2007"Standard Form of Agreement Between!Owner and Contractor where the basis of payment is a Stipulated Sum"will form the basis of the Owner/Contractor Agreement. 1. A copy is attached following this Document. 1.02 RELATED REQUIREMENTS A. Section 00 72 00-General Conditions. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF AGREEMENT Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 00 52 00- 1 Pooled 3/27/2013 v Documen t 01 Al - 200 7 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the day of in the year (In words, indicate day, month and year) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner added information needed for its (Name, address and other information) completion.The author may also • have revised the text of the original Tigard-Tualatin School District 23J AIA standard form.An Additions and 6960 S.W. Sandburg Street Deletions Report that notes added Tigard,Oregon 97223-8039 information as well as revisions to the standard form text is available from the author and should be reviewed.A and the Contractor: • vertical line in the left margin of this I (Name, address andother information) document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. • This document has important legal consequences.Consultation with an - for the following Project attorney is encouraged with respect (Names location and detailed description) to its completion or modification. •I TwalityRoofing AIA Document A201-94-2007, f General Conditions of the Contract - for Construction,is adopted in this document by reference.Do not use The Architect: . with other general conditions unless I (Name, address and other information) this document is modified. 'Dull Olson,Weekes-IBI Group Architects,Inc. 907 SW Stark.Street Portland,OR 97205 ' The Owner and Contractor agree as follows. AIA Document A101' -2007.Copyright m 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized .l reproduction or distribution of this AIA°Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 09:16:04 on 04/03/2013 under Order No.5783800624_1 which expires on 01/30/2014,and Is not for resale. User Notes:A101-2007 TTSD Template-BOU Version rev 3-26-13 (808470886) • • TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS -2 THE WORK OF THIS CONTRACT 3- DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION ' 4 CONTRACT SUM, • 5 PAYMENTS t "6. DISPUTE RESOLUTION • • •'• 7 TERMINATION;OR SUSPENSION 8 MISCELLANEOUS"PROVISIONS 9 • ENUMERATION'OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE I THE';CONTRACT DOCUMENTS The Contract Documents,consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions),Drawings;Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement,all of which form the Contract,and are as.fully a part of the Contract as if attached to this Agreement or repeated herein.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements, either written or oral.An enumeration of the Contract Documents,other than a Modification,appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the•Work described in the Contract Documents,except as specifically indicated in the Contract Documents to be the responsibility of others.The Contractor's Work described in the Contract 4, • Documents includes,without limitation,the following(collectively,the"Work"): The Contractor will provide all labor,materials,equipment,supplies,supervision,utilities,and tools necessary to construcuthe Project as identified in the Contract Documents. ARTICLE 3 'DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable,state that the date will sbe fixed in.a notice to proceed.) It prior to the commencement of the Work,the Owner requires time to file mortgages and other security interests,the Owner's time requirement shall be as follows: • § 3:2 The,_Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than • ( )days from the date of commencement,or as follows: Init. AIAOocument A101' —2007.Copyright O 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 2 reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced byAIA software at 09:16:04 on 04/03/2013 under Order No.5783800624_1 which expires on 01/30/2014,and Is not for resale. User Notes:A101-2007 TTSD Template-BOLI Version rev 3-26-13 (808470886) • (Insert number of calendar days.Alternatively, a calendar date may be used when coordinated with the date of commencement.If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work) Portion of Work Substantial Completion Date ,subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any,f or liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work) § 3.4 Liquidated Damages: Time is of the essence in all phases of the Work.It is specifically understood and agreed by and between Owner and Contractor that time is of the essence in the Substantial Completion and Final Completion of the Project and Owner shall sustain actual and direct damages as a result of Contractor's failure,neglect,orrefusal to achieve said deadlines.Such actual and direct damages are,and will continue to be,impracticable and extremely difficult to determine.Execution of this Agreement under these specifications shall constitute agreement by Owner and Contractor that the amounts stated below are the minimum value of the costs and actual and direct damages caused by failure of Contractor.to substantially complete the Work within the allotted times,that such sums are liquidated direct damages and shall not be-construed as a penalty,and that such sums may be deducted from payments due Contractor if such delay occurs.It is expressly understood that the said sum per day is agreed upon as a fair estimate of the pecuniary damages that will be sustained by the Owner in the event that the Work is not completed within the agreed time,or within the extended time,if any, otherwise provided for herein. Said sum shall be considered as liquidated damages only and in no sense shall be considered a penalty,said damages being caused by additional -compensation to personnel,for loss of interest on money,and other miscellaneous increased costs,all of which are difficult to exactly ascertain:Failure to substantially complete the Work within the designated period,or as they may be extended,shall be construed as a breach of this Agreement.(Insert costs per day for overruns.) Liquidated damages sum: -, ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be ($ ),subject to additions and deductions as provided in the Contract Documents. § 4.1.1 Notwithstanding any other provision of this Agreement or the Contract Documents,the Contract Sum includes all construction contingencies for existing site conditions other than for pre-existing Hazardous Materials. Contractor is thoroughly acquainted with and has inspected the Project site without restriction,understands the potential risks in this construction Work,and accepts the full risk of construction contingencies to complete the Work within the Contract Time and Contract-Sum.set out in this Agreement. § 4.2 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents • and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates.If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) • • § 4.3 Unit prices,if any: (Identify and state the unit price;state quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit AIA Document A101 TM—2007.Copyright O 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 3 reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced byAlA software at 09:16:04 on 04/03/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A101-2007 TTSD Template-BOLI Version rev 3-26-13 (808470886) § 4.4 Allowances included in the Contract Sum,if any (Identify allowance and state exclusions, if any,from the allowance price.) Item Price . ARTICLE 5 PAYMENTS §,5.1 PROGRESS PAYMENTS §`5.1.1 Based-upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum to the • Contractor as provided below and.elsewhere in the Contract Documents. . § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as.follows: §5.1:3•Payments:are d ue and payable thirty(30)days from receipt of contractor's complete invoice or fifteen(15) daysrafter payment is approved by the Owner, whichever is earlier. § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the . •various•portions of the:Work.'.The schedule of values shall be prepared in such form and supported by such data to _stibstantiate•its.accuracy as the Architect may require.This schedule,unless objected to by the Architect,shall be used • ;as a basis'or reviewing the Contractor's Applications for Payment. '„-,§ 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of. ' ,.the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: .1.:- Take that portion of the Contract Sum properly allocable to completed Work as determined by . multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values,less retainage of five percent(5%), - pu suant•to-ORS 279C.550 to 279C.565,ORS 701.420,and 701.430.Pending final determination of ' cost to the Owner of changes in the Work,amounts not in dispute shall be included as provided in Section 7.3.9 of the General Conditions of the Contract for Construction; .2 . Add that portion of_the•Contract Sum properly allocable to materials and equipment delivered and ` suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in - advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of five percent(59'o);. .3 Subtract the aggregate of previous payments made by the Owner;and .4 Subtract amounts,if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: :1 Add,upon Substantial Completion of the Work,a stun sufficient to increase the total payments to the ,`,' -Jul] amount of the Contract Sum,less such amounts as the Architect shall determine for incomplete - Work,retainage applicable to such work and unsettled claims;and �,1 '.-: ;(Section 9.8.5 ofALI Document A201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add,if final completion of the Work is thereafter materially delayed by Owner or Owner's agents through no fault of the Contractor,any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007,as amended("the General-Conditions");and AIA Document A1017"—2007.Copyright 01915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Ink. Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 4 reproduction or distribution of this AIA®Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the t maximum extent possible under the law.This document was produced by AIA software at 09:16:04 on 04/03/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A101-2007 TTSD Template-BOLI Version rev 3-26-13 • (808470886) .3 If Owner is entitled to deduct liquidated damages,or any other damages or amounts provided in the Contract Documents,including clean-up fees,then Owner shall be entitled to deduct such liquidated damages,amounts,and fees due Contractor at any time;and .4 If Contractor fails or refuses to complete the Work,or has unsettled claims with Owner,any final payment to Contractor shall be subject to deduction for such amounts as the Architect and Program Manager,if applicable,shall determine as the cost for completing incomplete Work and the value of unsettled claims. § 5.1.8 Reduction or limitation of retainage,if any,shall be as follows: of it is intended,prior to Substantial Completion of the entire Work,to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and.this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.9 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.1.10 The Owner and Architect shall review each Application for Payment.The Owner's approval(which shall not be unreasonably withheld)shall be required for each Application for Payment before any progress payment will become due:Owner shall expeditiously process each Application for Payment and shall provide detailed and reasoned explanations for any amounts for which it disagrees with the Architect.As a condition of approval,but without limitation of any other conditions,each Application for Payment must contain written certification by the Contractor as follows: .1 --That the Application for Payment represents an accurate estimate of the percentage of work completed <r for each portion'of the Work for which partial payment is sought; :2 That to the Contractor's best knowledge,no claims of lien and no bond claims have been asserted or perfected as of the date of the Application for Payment,or if such a claim has been made,providing details-thereof including how such claim will be disposed of .3 That all amounts claimed for payment in the Application for Payment that are due and payable have . been paid in full or will be paid,except for retainage,from funds received pursuant to the Application for Payment; :4 That all subcontractors and suppliers paid or to be paid pursuant to the Application for Payment have - executed valid and binding waivers of lien and bond rights and claims for payment through the date of the Application forPayment,which waivers are included with the Application for Payment or if there is such a claim,giving the details thereof. _.5 That-the Contractor has included its signed waiver of any and all lien and bond rights and other claims for payment through the date of the Application for Payment;and .6 That there is no other known claim or basis for claim for payment against the Owner other than those identified in the Application for Payment. § 5.2 FINAL PAYMENT § 5.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of the General Conditions,and to satisfy other requirements,if any, which extend beyond final payment; .2 a final Certificate for Payment has been issued by the Architect; .3 The Contractor has submitted for itself and for all its subcontractors and suppliers final,executed and binding certificates,releases,and waivers of all lien and bond rights and claims and all claims to payment in a form acceptable to the Owner; - _ .4 The Contractor has submitted to the Owner all Project Record documents,manuals,operation instructions,directions,safety manuals or guides,and any other deliverables required by the Contract Documents; .5 All rights,warranties,title,and claims to materials,equipment,or systems supplied under this Agreement have been validly transferred to the Owner or the Owner's assignee;and AIA Document A101"—2007.Copyright O 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init Institute of Architects.All sights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 5 reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AlA software at 09:16:04 on 04/03/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A101-2007 TTSD Template-BOLI Version rev 3-26-13 (808470886) • .6 All necessary inspections,approvals,licenses,and permits have been successfully obtained or properly excused and the Project may be occupied and used without restriction. §_5.2:2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: • • -•-§ 5.2.3 The Owner may,at its sole option and without creating precedent or waiver,approve the earlier release of retainage for Work that-has been completed and accepted upon receipt of a binding waiver or release of all bond and • lien rights and claimsa'llocated with that portion of the Work or upon the Owner's receipt of a valid bond that is sufficient to pay any claims that may be asserted for the portion of the Work,including attorney's fees. ARTICLE1 DISPUTE RESOLUTION a OA INITIAL DECISION MAKER The Architect will serve asjnitial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007,unless the parties appomt below another-iadividual,not a party.to this Agreement,to serve as Initial Decision Maker, • (If the parties mutually agree insert the name,address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6;2 BINDING DISPUTE RESOLUTION For'any Claim subject to,brit not resolved by,mediation pursuant to Section 15.3 of AIA Document A201-2007,the method of binding dispute resolution shall be as follows: (Check the appropriate box.If the Owner and Contractor do not select a method of binding dispute resolution below, • or do not subsequently agree writing to a binding dispute resolution method other than litigation, Claims will be • resolved by litigation court of competent jurisdiction.). [X] .Arbitration pursuant to Section 15.4 of AIA Document A201-2007 [ ] Litigation in a court of competent jurisdiction • [ ] Other(Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. • § 7:2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. ARTICLE 8 MISCELLANEOUS'PROVISIONS _§ 8.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. • • § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate (Paragraphs deleted) set forth:in ORS 279C.570(2) -: § 8.3-The,`Owner's representative: (Name address and other information) • AIA Document A101"'-2007.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA5 Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 6 reproduction or distribution of this AlA®Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 09:16:04 on 04/03/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A101-2007 TTSD Template-BOLI Version rev 3-26-13 (808470886) • § 8.4 The Contractor's representative: (Name, address and other information) § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Withholding Payments.Notwithstanding any other provision of the Contract Documents,the Owner will not be required to make any payment to the Contractor if any one or more of the following conditions exist: .1 The Contractor is in default of or has materially breached any of its obligations under the Contract Documents. .2 The payment of any part thereof is attributable to Work that is defective or does not conform to the requirements of the Contract Documents. The Owner shall make payment for those portions of the Work that are not defective or nonconforming,subject to the remaining conditions for payment. .3 The Contractor has failed to pay its employees or its Subcontractors or suppliers for Work on the Project,except to the extent resulting from Owner's non-payment. .4 There is reasonable evidence that the Contract Sum then remaining unpaid will be insufficient to • complete the Work in accordance with the Contract Documents. .5 Claim is made by others for damages arising out of or relating to Work performed by the Contractor or its Subcontractors or those in their control,to the extent not covered by insurance. .6 There is reasonable evidence that the Work cannot be completed within the Contract Time and that the unpaid balance of the Contract Sum is insufficient to cover damages for the anticipated delay. § 8.6 Other provisions: § 8.7 Compliance With Applicable Law. Contractor shall comply with all federal,state,and local laws applicable to the Work under this Contract,and all regulations and administrative rules established pursuant to those laws,including :.Without limitation,the:following requirements of the Oregon Public Contract Code: _ § 8.7.1 ORS 279A.110(Non-discrimination Certification): Contractor shall certify that Contractor has not discriminated and,will not discriminate against a Subcontractor in the awarding of a subcontract because the Subcontractor is a minority,women,or emerging small business enterprise certified under ORS 200.055. § 8.7.20RS 279C380(Performance and Payment Bonds): Unless exempted by the Owner in writing pursuant to the Owner's local public contracting rules,prior to starting work under this Contract,Contractor or its Subcontractor ' shall execute and deliver to Owner a good and sufficient performance bond,in a form acceptable to Owner,in a sum equal to 100%of the construction portion of the Contract Price,and Contractor or its Subcontractor shall execute and deliver to Owner a good and sufficient payment bond,in a form acceptable to Owner,in a sum equal to 100%of the construction portion of the Contract Price,solely for the protection of claimants under ORS 279C.600. § 8.7.3 ORS 279C.505(Prompt Pay Requirement,Liens,Taxes,and Drug Testing): Contractor shall make paymentpromptly,:as due,to all persons supplying to such Contractor labor or material for the performance of the Work provided for in such Contract pay all contributions or amounts due the Industrial Accident Fund from such Contractor or Subcontractor incurred in the performance of the Contract;not permit any lien or claim to be filed or - :,prosecuted against the state or a county,school district,municipality,municipal corporation or subdivision thereof,on account of any labor or material furnished;and pay to the Department of Revenue all sums withheld from employees •pursuant to ORS 316.167.Contractor shall further demonstrate that an employee drug testing program is in place. AIA Document A101"'—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987.1991,1997 and 2007 by The American lnit Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 7 reproduction or distribution of this AlA®Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 09:16:04 on 04/03/2013 under Order No.5783800624 1 which expires on 01/30/2014,and is not for resale. • User Notes:A101-2007 TTSD Template-BOLI Version rev 3-26-13 (808470886) § 8.7.4 ORS 279C.510(Recycling/Composting): If this Contract includes demolition work,the Contractor shall salvage or recycle construction and demolition debris,if feasible and cost-effective.If this Contract includes lawn or landsca-pe.maintenance,the Contractor shall compost or mulch yard waste material at an approved site,if feasible and cost-effective. - §.8.7.5 ORS 279C.515(Failure to Pay Promptly): If Contractor fails,neglects,or refuses to make prompt payment . of any Claim for labor or services furnished to the Contractor or a Subcontractor by any person in connection with this - .Contract as such Claim becomes due,the Owner may pay such Claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due the Contractor by reason of this Contract The payment of a Claim in the manner authorized in this section shall not relieve the Contractor or the Contractor's surety from any obligation with respect to any unpaid Claims.Unless the payment is subject to a good-faith dispute as defined in,ORS 279C.580,if Contractor or any first-tier Subcontractor fails to pay any Claim for materials or labor furnished under this Contract within 30 days after being paid by Owner,interest shall be due on such claim as specified in ORS 279C.515(2)at the end of the 10-day period that payment is due under ORS 279C.580(4).A person with any such unpaid Claim may file a complaint with the Construction Contractor's Board unless the complaint is - subject to a good-faith dispute as defined in ORS 279C.580. § 8.7.6 ORS 279C.520 and 279C.540(Hours of Labor,Holidays,and Overtime): Except as otherwise provided in an applicable collective bargaining agreement with a labor organization,Contractor shall not employ and shall require that its Subcontractors not employ any person to perform construction work for more than ten hours in any one day,or 40 hours in any one week,except in cases of necessity,emergency,or where the public policy absolutely requires it, and in such cases,_except in cases of Contracts for personal services as defined in ORS 279A.055,the laborer shall be paid-at least time and a half pay: .1 For all oveirtime-in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive.days,Monday through Friday,and ..2 for all overtime in excess of ten hours a day or 40 hours in any one week when the work week is four • consecutive days,Monday through Friday,and .3' For work performed on Saturday and on any legal holiday specified in any applicable collective bargaining agreement or ORS 279C.540(1)(b). ,,, The requirement to pay at leasttime and a half for all overtime worked in excess of 40 hours in any one -t >` week shall not apply to individuals who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. Section 201-fo,209 from receiving overtime.Contractor shall and shall require its - .Subcontractors to give notice in writing to their employees who work under this Contract,either at the `time of hire or before commencement of Work on the Contract,or by posting a notice in a location . t frequented by employees,of the number of hours per day and days per week that the employees may be required to work. § 8.7.7 ORS-279C.525(Notice of Environmental Regulations): State law requires that solicitation documents for a public improvement contract make specific reference to federal,state,and local agencies that have enacted ordinances, rules,or regulations dealing with the prevention of environmental pollution or the preservation of natural resources that may affect the performance of this Contract These agencies include,but are not limited to: .1 Federal Agencies: Department of Agriculture,Forest Service, Soil and Water Conservation Service, Coast Guard,Department of Defense,Army Corps of Engineers,Department of Emergency,Federal Energy Regulatory Commission,Environmental Protection Agency,Department of Health and Human Services,Department of Housing and Urban Development,Solar Energy and Energy Conservation Bank,Department of Interior,Bureau of Land Management,Bureau of Indian Affairs,Bureau of Mines,Bureau of Reclamation,Geological Survey,Minerals Management Service,U.S.Fish and - -Wildlife Service,Department of Labor,Mine Safety and Health Administration,Occupational Safety and Health Administration,Department of Transportation,Federal Highway Administration,Water Resources Council. .2 State Agencies: Department of Administrative Services,Department of Agriculture,Soil and Water Conservation Commission,Columbia River Gorge Commission,Department of Energy,Department of Environmental Quality,Department of Fish and Wildlife,Department of Forestry,Department of Geology and Mineral Industries,Department of Human Resources,Department of Consumer and Business Services,Land Conservation and Development Commission,Department of Parks and - Recreation,Division of State Lands,Department of Water Resources. AIA Document A101",—2007.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized a reproduction or distribution of this AIAe Document,or any portion of it,may resutt in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced byAlA software at 09:16:04 on 04/03/2013 under Order No.5783800624_1 which expires on 01/30/2014,and Is not for resale. User Notes:A101-2007 TTSD Template-BOLI Version rev 3-26-13 (808470886) .3 Local Agencies: City councils,county courts,county boards of commissioners,metropolitan service district councils,design commissions,historic preservation commissions,planning commissions, development review commissions,special district boards of directors,and other special districts and special governmental agencies such as Tri-Met,urban renewal agencies,and Port Districts. .4 Tribal Governments. § 8.7.8 ORS 279C530(Payment for Medical Care and Workers'Compensation): Contractor shall promptly,as due,make payments to any person,co-partnership,association,or corporation furnishing medical,surgical,and hospital care or other needed care and attention,incident to sickness or injury,to the employees of such Contractor,of all sums which the Contractor agrees to pay for such services and all moneys and sums which the Contractor collected or deducted from the wages of employees pursuant to any law,contract,or agreement for the purpose of providing or paying for such service.All employers,including the Contractor,that employ subject workers who work under this Contract in the State of Oregon shall comply with ORS 656.017 and provide the required workers' compensation coverage,unless such employers are exempt under ORS 656.126.Contractor shall ensure that each of its Subcontractors complies with these requirements. § 8.7.9 ORS 279C.545(Time Limitations on Claims for Overtime): Construction workers employed by the Contractor or its Subcontractor shall be foreclosed from the right to collect for any overtime under this Contract unless a claim for payment is filed with the Contractor or Subcontractor within 90 days from the completion of the Contract, providing the Contractor or Subcontractor has: .1 Caused a circular clearly printed in blackface pica type and containing a copy of this section to be posted in a prominent place alongside the door of the timekeeper's office or in a similar place which is readily available and freely visible to any or all workers employed on the Work,and .2 Maintained such circular continuously posted from the inception to the completion of the Contract on which workers are or have been employed. § 8.7.10 ORS 279C580(3)(Prompt Payment of First-Tier Subcontractors): Contractor shall include in each subcontract for property or services with a first-tier Subcontractor a clause that obligates the Contractor to pay the first-tier Subcontractor for satisfactory performance under its subcontract within ten days out of such amounts as are paid to the Contractor by the Owner.Contractor shall also include in each subcontract a clause that states that if the Contractor fails to pay any claim for materials or labor furnished under this Contract within 30 days after being paid by Owner,interest shall be due on such claim as specified in ORS 279C.515(2)at the end of the ten-day period that payment is due under ORS 279C.580(3).Contractor shall require each first-tier Subcontractor to include a payment clause and interest clause conforming to the requirements of ORS 279C.580 in each of its subcontracts,and to require each of its Subcontractors to include a similar clause in each contract with a lower-tiered subcontractor or supplier. • § 8:7:1M1.ORS 279C.605(Notice of Claim on Bond): Any person claiming a right of action under ORS 279C.600 must file•a notice of claim as provided in ORS 279C.605. • § 8.7.1.2 ORS 279C.800 to 279C.870(Payment of Prevailing Wage Required): .1 This Contract is subject to payment of prevailing wages under the federal Davis-Bacon Act(40 U.S.C. 3141 et seq.)and the State of Oregon Prevailing Wage Act(ORS 297C.800 to 279C.870.Pursuant to ORS 279C.838,Contractor and every subcontractors must pay the higher of the federal prevailing wage rate or the state prevailing wage for an hour's work in the same trade or occupation where the labor is • performed as defined in Definition of Covered Occupations for Public Works Projects in Oregon, published by the Commissioner of the Oregon Bureau of Labor and Industries and available at http://www.boli.state.or.us/BOLI/WHD/PWR/pwr book.shtml.The latest state prevailing wage rates for public works contracts in Oregon are contained in the following publications: The iomost urrentzpilbhca'idJ Prevailing Wage Rates for Public Works Projects in Oregon,the[datero most Yitreat bicatioJ'PWR Aprenticeshi Rates and date o#' airrl"iimenfs to f} WR-rates gipEenti-es`fiites siliceAllesket_irrtipublicationidAltiosraiesj Such publications can be reviewed electronically at http://www.boli.state.or.us/BOLI/WHD/PWR/pwr_state.shtml and are hereby incorporated as part of the Contract Documents.The latest federal prevailing wage rates can be reviewed electronically at http://www.wdol.gov/Index.aspx(Search for Oregon,Washington County, Building Construction Type) ("WDOL")and are hereby incorporated by reference as part of the Contract Documents.Contractors shall follow all prevailing wage rules including posting the Davis-Bacon Poster at the worksite and submitting certified payroll records.The poster is available at AIA Document A101"1—2007.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 9 reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced byAIA software at 09:16:04 on 04/03/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A101-2007 TTSD Template-BOLI Version rev 3-26-13 (808470886) • http://www.dol.gov/whd/regs/compliance/posters/fedprojc.pdf.The payroll form is at http://www.dol.gov/whd/forms/wh347instr.htm. .2 Except as otherwise provided in 29 CFR Section 1.6,the applicable federal prevailing wage rates are • - those set forth in the general wage determination published on WDOL,including any modifications ' published on WDOL last published prior to bid closing for this Contract. 3: Contractor and all Subcontractors shall keep the prevailing wage rates for this Project posted in a conspicuous and accessible place in or about the Project. • • 4. The Owner shall pay a fee to the Commissioner of the Oregon Bureau of Labor and Industries as provided in ORS 279C.825.The fee shall be paid to the Commissioner under the administrative rule of the Commissioner. 5.f „If Contractor or any Subcontractor also provides for or contributes to a health and welfare plan or a -.Tensioning',or both,for its employees on the Project,it shall post notice describing such plans in a •ci nspicuou's and accessible place in or about the Project.The notice shall contain information on how And where to make claims and where to obtain future information. • • • ,§`8.7.13 ORS 279C.836(Public Works Bond Required): The Contractor shall: . .1 File a public works bond with the Construction Contractors Board pursuant to ORS 279C.836 before starting vork,on the Project,unless exempt under ORS 279C.836(2)(7)or(8);and .2 „ Include-in every subcontract a provision requiring the Subcontractor to file a public works bond with } the Construction Contractors Board pursuant to ORS 279C.836 before starting work on the Project, finless exempt under ORS 279C.836(2)(7)or(8). § 8.714 ORS 279C.845(Prevailing Wage Certification;Additional Retainage): K. .1 Contractor and every Subcontractor shall file certified statements with Owner in'writing in the form prescribed by the Commissioner of the Bureau of Labor and Industries,certifying the hourly rate of • wage paid each worker whom Contractor or Subcontractor has employed upon such public work,and further certifying that no worker employed upon such public work has been paid less than the • prevailing rate of wage or less than the minimum hourly rate of wage specified in the Contract,which certificate and statement shall be verified by the oath of Contractor or Contractor's surety or Subcontractor or Subcontractor's surety that Contractor and any Subcontractor has read such statement and certificate and knows the contents thereon;and that the same is true to Contractor or . : Subcontractor's knowledge.The certified statements shall set out accurately and completely the payroll records""for the prior week including the name and address of each worker,the worker's correct - •- • classiJfication,_rate of pay,daily and weekly number of hours worked,deductions made,and actual wages paid. . • .2 The certifie$-:statement shall be delivered or mailed by Contractor or Subcontractor to Owner. Certified statements`for-each week during which the Contractor or Subcontractor employs a worker upon the public work shall be submitted once a month,by the fifth business day of the following month. Information submitted on certified statements may be used only to ensure compliance with the provisions_of ORS 279C.800 to 279C.870.Notwithstanding any other provision of this Contract and in •f addition toh my other retainage required under this Contract,the Owner shall retain 25%of any amount earned by'the'Contractor until the Contractor has filed the certified statements with the Owner as required by this Section.The Owner will pay the retainage required under this Section within 14 days _ after the:Contractor files the certified statements required by this Section. .3 • Contractor and each Subcontractor shall preserve the certified statements for a period of three years from the date of completion of the Contract. .8:7.15 ORS 671.560,701.026(Landscape/Construction Contractors License Required): If Contractor is performing work-as a landscape contractor as defined in ORS 671.520(2),Contractor must have a current,valid :;landscape contractor's license issued under ORS 671.560.If Contractor is performing work as a Contractor as defined zin.ORS 701:005(2),Contractor must have a current,valid construction contractor's license issued under ORS 701.026.Contractor shall further certify that all Subcontractors performing Work described in ORS 701.005(2) are registered with the Construction Contractors Board or licensed by the State Landscaping Contractor's Board as • required by the above-noted statutes before they commence Work under this Contract.Contractor shall maintain in effect all licenses,permits,and certifications required for the performance of the Work.Contractor shall notify Owner AIA Document A10171'—2007.Copyright©1915.1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 10 reproduction or distribution of this AlA®Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 09:16:04 on 04/03/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A101-2007 TTSD Template-BOLI Version rev 3-26-13 (808470886) immediately if any license,permit,or certification required for performance of this Contract shall cease to be in effect for any reason. § 8.7.16 Applicable Federal Statutes: Contractor shall comply with the provisions of the Immigration Reform and Control Act of 1986 regarding the verification of employment eligibility.In addition,Contractor expressly agrees to comply with the following:Workers' Compensation Laws(ORS Chapter 656);Wages,Hours and Records Laws (ORS Chapter 652);Conditions of Employment Laws(ORS Chapter 653); Safety and Health Regulations (ORS Chapter 654);and Unemployment Insurance(ORS Chapter 657);all regulations and administrative rules - established pursuant to the forgoing laws;and all other applicable requirements of federal and state civil rights and rehabilitation statutes,rules,and regulations,including without limitation(a)Titles VI and VII of the Civil Rights Act of 1964,as amended,which prohibits discrimination on the basis of race,color,or national origin;(b) Sections 503 and 504 of the Rehabilitation Act of 1973,as amended;(c)the Americans with Disabilities Act of 1990,as amended; (d)the Health Insurance Portability and Accountability Act of 1996;(e)the Age Discrimination in Employment Act of 1967,as amended and the Age Discrimination Act of 1975,as amended;(1)Discrimination against disabled persons (ORS)659A.142),(g)the Drug Abuse Office and Treatment Act of 1972(P.L.92.255)as amended,relating to nondiscrimination on the basis of drug abuse;(h)the Comprehensive Alcohol and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(P.L.91.6160)as amended,relating to nondiscrimination on the basis of alcohol abuse or alcoholism;(i)Sections 523 and 527 of the Public Health Service Act of 1912(42 U.S.C.290 dd.3 and 290 ee-34), as amended,relating to confidentiality of alcohol and drug abuse patient records;(j)Title VIII of the Civil Rights Act of 1968(42 U.S.C.3601 et seq.),as amended,relating to nondiscrimination in the sale,rental,or financing of housing; (k)any other nondiscrimination provisions in the specific statute(s)under which application for Federal assistance is being made;and(1)•the requirements of any other nondiscrimination statute(s)which may apply to the application. - Contractor shall comply with the provisions of the Hatch Act(5 U.S. 1501-1508 and 7234-7328)which limit the political activities of employees whose principal employment activities are funded in whole or part with federal funds. § 8.8 When Work is=Performed on Owner property(including schools),Contractor Shall Comply With the ' Following: `§ 8.8.1 Identification: -Personnel performing works on Owner property or for Owner shall be in full uniform at all times.Uniforms shall include shirt with company identification attached.In addition,all such persons shall carry photo•-identification and will present such to anyone on request.If such identification cannot be produced by Contractor,or is not acceptable to Owner,Owner may provide at its sole discretion,such identification tags to Contractor.Contractor shall bear the entire cost of producing and assigning such identification.Contractors that do not have specific uniforms for employees shall provide identification tags as described above, and/or any other mechanism the Owner in its sole discretion determines is required to easily identify Contractors. '§ 8.8.2.Sign-in Required: As required by schools and other Owner locations,each day of work Contractor's employees shall sign into the Main Office to receive an in-school identification/visitors tag to be displayed on the person at all times they are in the school or other location. § 8.8.3 No Smoking: Smoking or other use of tobacco is prohibited on Owner property. § 8.8.4 No Drugs: Owner property sites are designated drug-free zones enforced by the police agencies operating within the District. § 8.8.5 No Weapons Or Firearms: Except as provided by Oregon statutes and Owner policy,weapons and firearms are prohibited on Owner property. § 8.9 When Work Is Performed in or on School Sites,Contractor Shall Comply With the Following: § 8.9.1 No Unsupervised Contact With Students: "Unsupervised contact with students"means contact with students that provides the person with opportunity and probability for personal communication or touch when not under direct supervision.The Contractor will ensure that the Contractor,any Subcontractors,and their officers,agents, and employees will have no direct,unsupervised contact with students while on the Owner's property.The Contractor will work with the Owner to ensure compliance with this requirement If the Contractor is unable to ensure through a security plan that none of its officers,agents,or employees will have direct,unsupervised contact with students in a AIA Document Al 01 T"—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 11 reproduction or distribution of this AIA5 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AlA software at 09:16:04 on 04/03/2013 under Order No.5783800624_1 which expires on 01/30/2014,and Is not for resale. User Notes:A101-2007 TTSD Template-BOLI Version rev 3-26-13 (808470886) particular circumstance or circumstances,the Contractor shall so notify the Owner prior to beginning any Work that could result in such contact.The Contractor authorizes the Owner to obtain information about the Contractor and its history and to conduct a criminal background check,including fingerprinting,of any officer,agent,or employee of the Contractor who will have unsupervised contact with students.The Contractor also agrees to cause the Contractor's employees and/or Subcontractors,if any,to authorize the Owner to conduct such background checks.The Contractor shall pay all fees assessed by Oregon Department of Education and the Owner for processing the background check. The Owner may deduct the cost of such fees from a progress or final payment to the Contractor under this Contract, unless the Contractor elects to pay such fees directly. • §.1.9.2 Confidentiality:-The Contractor will not disclose any information or records regarding students or their families that the Contractor may learn or obtain in the course and scope of the Contractor's performance of this• • Contract. "- §:'8.10 Attorney Fees: Ha suit or action is filed to enforce any of the terms of this Contract,including a request for arbitration,the prevailing party shall be entitled to recover from the other party,in addition to costs and disbursements provided by statute,any sum which a court,including any appellate court,or arbitrator may adjudge reasonable as attorney fees. In the event the prevailing party is represented by"in-house"counsel,the prevailing party shall . nevertheless be entitled to recover reasonable attorney fees based on the reasonable time incurred and the attorney fee rates and charges reasonably and generally accepted in the metropolitan Portland,Oregon area for the type of legal services performed. § 111'Tliis Agreenientshall'be governed by the laws of the State of Oregon,and mandatory and exclusive venue for any dispute shall Vein state circuit court in Washington County, Oregon. § 8.12 The Contractor may not assign its responsibilities,duties,obligations,and rights under this Agreement,without • the,ezpress written consent of the Owner.This does not prevent Contractor from engaging subcontractors to perform various.phases of the Project,but Contractor shall be fully responsible to Owner for the work,actions,and omissions of all such subcontractors. § 8.13 Contractor;stipulates that Owner is a political subdivision of the State of Oregon,and as such,may enjoy . immunities from suit and liability under the Constitution and laws of the State of Oregon.By entering into this Agreement,Owner does not waive any of its immunities from suit and/or liability,except as otherwise specifically '=provided,herein and-as.specifically authorized by law.. ARTICLE 9 - ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract D%icunients,except for Modifications issued after execution of this Agreement,are enumerated in the sections below. § 9.1:1T'he Agreement is this executed AIA Document A101-2007,Standard Form of Agreement Between Owner and Contractor,as modified. § 9.1.2 The General Conditions-are AIA Document A201 2007,General Conditions of the Contract for Construction, as modified(the"General Conditions"). § 9.1.3 The Supplementary and other Conditions of the Contract: Document - Title Date Pages § 9.1.4 The Specifications: • (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: (Table deleted) § 9.1.5 The Drawings: • (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: (Table deleted) AIA Document A101"'—2007.Copyright®1915,1918,1925.1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init Institute of Architects.All rights reserved.WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 12 reproduction or distribution of this AIA®Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 09:16:04 on 04/03/2013 under Order No.5783800624_1 which expires on 01/30/2014,end is not for resale. User Notes:A101-2007 TTSD Template-BOLI Version rev 3-26-13 (808470886) § 9.1.6 The Addenda,if any. Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents,if any,forming part of the Contract Documents: .1 AIA Document E201114-2007,Digital Data Protocol Exhibit,if completed by the parties,or the following: • • .2 Other documents,if any, listed below: (List'here any additional documents that are intended to form part of the Contract Documents.AIA Document A201-2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions toBidders,sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents) ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201-2007. Type of insurance or bond Limit of liability or bond amount($0.00) This Agreement entered into as of the day and year first written above. TIGARD-TUALATIN SCHOOL DISTRICT NO.23J • OWNER(Signature) CONTRACTOR(Signature) (Printed name and title) (Printed name and title) • AIA Document A101"1—2007.Copyright O 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American irtit Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 13 reproduction or distribution of this AlA®Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 09:16:04 on 04/03/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A101-2007 TTSD Template-BOLI Version rev 3-26-13 (808470886) Additions and Deletions Report for AIA Document A 101 — 2007 • This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the _ original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 09:16:04 on 04/03/2013. PAGE-1 - (In words, indicate day, month and ycar)year) (Name,lekel-etait,,esraddress,and other information) Tigard-Tualatin Sdhool'District 23J 6960 S.W.Saridburg Street;' " Tigard,Oregon 97223-8039 (Name,-legal.-status. address and other information) Twalitv'Roofin>:Project • (Nanie,lcjals attrs;-address and.other information) Dull Olson Weekes IBI Group Architects,Inc. 907 SW Stark Street Portland,OR 97205 PAGE 2 The Contractor shall fulliexecute.the Work described in the Contract Documents,except as specifically indicated in the Contract Documents to be the responsibility of others.The Contractor's Work described in the Contract Documents includes,without limitation,the following(collectively,the"Work"): • The Contractor will provide all labor,materials,equipment,supplies,supervision,utilities,and tools necessary to construct the Project as identified in the Contract Documents. PAGE 3 § 3.4 Liquidated Damages: Time is of the essence in all phases of the Work It is specifically understood and agreed by and between Owner and Contractor that time is of the essence in the Substantial Completion and Final Completion of the Project and Owner shall sustain actual and direct damages as a result of Contractor's failure,neglect,or refusal to achieve said deadlines. Such actual and direct damages are,and will continue to be,impracticable and extremely Additions and Deletions Report for AIA Document A101' —2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987, 1991,1997 and 2007 by The American Institute of Architects.NI rights reserved.WARNING:This AIA®Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this NA°Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 09:16:04 on 04/03/2013 under Order No.5783800624_1 which expires on 01/30/2014,and Is not for resale. User Notes:A101-2007 TTSD Template-BOLI Version rev 3-26-13 (808470886) difficult to determine.Execution of this Agreement under these specifications shall constitute agreement by Owner and Contractor that the amounts stated below are the minimum value of the costs and actual and direct damages caused by failure of Contractor to substantially complete the Work within the allotted times,that such sums are liquidated direct damages and shall not be construed as a penalty, and that such sums may be deducted from payments due Contractor if such delay occurs.It is expressly understood that the said sum per day is agreed upon as a fair estimate of the pecuniary damages that will be sustained by the Owner in the event that the Work is not completed within the . agreed time,or within the extended time,if any,otherwise provided for herein. Said sum shall be considered as liquidated damages only and in no sense shall be considered a penalty,said damages being caused by additional compensation to personnel,for loss of interest on money,and other miscellaneous increased costs,all of which are difficult to exactly ascertain.Failure to substantially complete the Work within the designated period, or as they may be extended,shall be construed as a breach of this Agreement.(Insert costs per day for overruns_) Liquidated damages sum: G 4.1.1 Notwithstanding any other provision of this Agreement or the Contract Documents,the Contract Sum includes all construction contingencies for existing site conditions other than for pre-existing Hazardous Materials. Contractor is thoroughly acquainted with and has inspected the Project site without restriction,understands the potential risks in tliis construction Work,and accepts the full risk of construction contingencies to complete the Work within the Contract Time and Contract Sum set out in this Agreement. Item Units and Limitations Price Per Unit($0:00) PAGE4 § 5,1,3 = •._:. .._ _ - • - - .. _ _ . .. a. . _ .- • - • - - . .. . . . •• , _ .. . Payments are due and payable thirty(30)days from receipt of contractor's complete invoice or fifteen(1 5)days after payment is approved by the Owner, whichever is earlier. .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values,less retainage of percent( %).five • percent(5%),pursuant to ORS 279C.550 to 279C.565,ORS 701.420,and 701.430.Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201Tm 2007,the General Conditions of the Contract for • Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of five percent(44)061; .4 Subtract amounts,if any,for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions. Additions and Deletions Report for AIA Document A101 TM-2007.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987, 1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlA®Document is protected by U.S.Copyright Law and 2 International Treaties.Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 09:16:04 on 04/03/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A101-2007 TTSD Template-BOU Version rev 3-26-13 (808470886) .2 Add,if final completion of the Work is thereafter materially delayed by Owner or Owner's agents through no fault of the Contractor,any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201 2007.A201-2007,as amended("the General Conditions");and .3 _ If Owner is entitled to deduct liquidated damages,or any other damages or amounts provided in the Contract Documents,including clean-up fees,then Owner shall be entitled to deduct such liquidated • damages,amounts,and fees due Contractor at any time;and .4 If Contractor fails or refuses to complete the Work,or has unsettled claims with Owner,any final _ - • payment to:Contractor shall be subiect to deduction for such amounts as the Architect and Program - 7. Manager,if applicable,shall determine as the cost for completing incomplete Work and the value of •"--unsettled claims. PAGE 5 -::4- •- 5-1.10 The Owner and Architect shall review each Application for Pa ent.The Owner's a..roval which shall not be unreasonably withheld)shall be required for each Application for Payment before any progress payment will become due.Owner shall expeditiously process each Application for Payment and shall provide detailed and reasoned explanations for any amounts for which it disagrees with the Architect.As a condition of approval.but without limitation of any.other conditions,each Application for Payment must contain written certification by the Contractor as-follows: .1 That the Application for Payment represents an accurate estimate of the percentage of work completed a.f_ a ■r . for each portion of the Work for which partial payment is sought .2 That to the Contractor's best knowledge,no claims of lien and no bond claims have been asserted or perfected as of the date of the Application for Payment,or if such a claim has been made,providing details thereof-including how such claim will be disposed o£ .3 That-all-amounts claimed for payment in the Application for Payment that are due and payable have been paid in full or will be paid,except for retainage,from funds received pursuant to the Application - for-Payment;, That all`subcontractors and suppliers paid or to be paid pursuant to the Application for Payment have executed valid and binding waivers of lien and bond rights and claims for payment through the date of - the.Application for Payment,which waivers are included with the Application for Payment or if there is such a claim,giving the details thereof. .5 That the Contractor has.included its signed waiver of any and all lien and bond rights and other claims for payment through-the date of the Application for Payment;and .6 1'--Thatiltere is no other known claim or basis for claim for payment against the Owner other than those - identified in the`Application for Payment. • .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work'asprovided'in Section 12.2.2 of ,the General Conditions,and to satisfy other requirements,if any,which extend beyond final payment;and .2 a final:Certificate for Payment has been issued by the Architeet.•Architect, 3' The Contractor has submitted for itself and for all its subcontractors and suppliers final,executed and binding certificates,releases,and waivers of all lien and bond rights and claims and all claims to payment in a form acceptable to the Owner, • .4 The Contractor has submitted to the Owner all Project Record documents,manuals,operation ' instructions,directions,safety manuals or guides,and any other deliverables required by the Contract Documents: • .5 All rights,warranties,title,and claims to materials,equipment,or systems supplied under this Agreement have been validly transferred to the Owner or the Owner's assignee;and .6 All necessary inspections,approvals,licenses,and permits have been successfully obtained or properly excused and the Project may be occupied and used without restriction. PAGE 6• AddlUons and Deletions Report for AIA Document A101' —2007.Copyright O 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987, 1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA6 Document Is protected by U.S.Copyright Law and 3 International Treaties.Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 09:16:04 on 04/03/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A101-2007 TTSD Template-BOLI Version rev 3-26-13 (808470886) • • • 5.2.3 The Owner ma at its sole •.tion and without creatin: .recedent or waiver a.'rove the earlier release of retainage for Work that has been completed and accepted upon receipt of a binding waiver or release of all bond and lien rights and claims allocated with that portion of the Work or upon the Owner's receipt of a valid bond that is sufficient to pay any claims that may be asserted for the portion of the Work,including attorney's fees. • [J Arbitration pursuant to Section 15.4 of AIA Document A201-200.7 • § 71 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AlA Document A201 2007.the General Conditions. § 7.2 The Work maybe suspended by the Owner as provided in Article 14 of the General Conditions. § 8.1 Where-reference is made in'this Agreement to a provision of the General Conditions or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated 0—set forth in ORS 279C.570(2) PAGE 7 - § 8.6 Other evision3:Withholding Payments.Notwithstanding any other provision of the Contract Documents,the _ Owner will not be required to make any payment to the Contractor if any one or more of the following conditions exist: = - .1 The Contractor is in default of or has materially breached any of its obligations under the Contract Documents:. - - .2 The payment of any part thereof is attributable to Work that is defective or does not conform to the requirements of the Contract Documents. The Owner shall make payment for those portions of the Work that-are not defective or nonconforming,subject to the remaining conditions for payment. .3 The Contractor has failed to pay its employees or its Subcontractors or suppliers for Work on the Project,except to the extent resulting from Owner's non-payment. .4 There is reasonable evidence that the Contract Sum then remaining unpaid will be insufficient to complete the Work in accordance with the Contract Documents. .5 Claim is made by others for damages arising out of or relating to Work performed by the Contractor or its Subcontractors or those in their control,to the extent not covered by insurance. .6 There is reasonable evidence that the Work cannot be completed within the Contract Time and that the unpaid balance of the Contract Sum is insufficient to cover damages for the anticipated delay. • § 8.6 Other provisions: • Additions and Deletions Report for AIA Document A101"'—2007.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987, 1991.1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law and 4 international Treaties.Unauthorized reproduction or distribution of this AlA®Document,or any portion of It,may result In severe civil and criminal • penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 09:16:04 on 04/03/2013 under Order No.5783800624 1 which expires on 01/30/2014,and is not for resale. User Notes:A101-2007 TTSD Template-BOLI Version rev 3-26-13 (808470886) • § 8.7 Compliance With Applicable Law. Contractor shall comply with all federal,state,and local laws applicable to the Work under this Contract,and all regulations and administrative rules established pursuant to those laws,including without limitation,the following requirements of the Oregon Public Contract Code: 4 8.71:ORS 279A.110(Non-discrimination Certification): Contractor shall certify that Contractor has not discriminated and will not discriminate against a Subcontractor in the awarding of a subcontract because the Subcontractor is a minority,women,or emerging small business enterprise certified under ORS 200,055. 8.7.2 ORS 279C380, 'erformance and Pa ent Bonds : Unless exem.ted b the Owner in writin_ .ursuant to the Owner's local public contracting rules,prior to starting work under this Contract,Contractor or.its Subcontractor • shall execute and deliver to Owner a good and sufficient performance bond,in a form acceptable to Owner,in a sum equal to 100%of the construction portion of the Contract Price,and Contractor or its Subcontractor shall execute and deliver to Owner a good and sufficient payment bond,in a form acceptable to Owner,in a sum equal to 100%of the constructionpottion=of-_-the Contract Price,solely for the protection of claimants under ORS 279C.600. § 8.7.3 ORS 279C.505•(Prompt Pay Requirement,Liens,Taxes,and Drug Testing): Contractor shall make payment promptly,as due,to all persons supplying to such Contractor labor or material for the performance of the Work provided for in such Contract;pay all contributions or amounts due the Industrial Accident Fund from such Contractor or Subcontractor incurred in the performance of the Contract;not permit any lien or claim to be filed or prosecuted against the state or a county,school district,municipality,municipal corporation or subdivision thereof,on account of any labor or material furnished;and pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167.Contractor shall further demonstrate that an employee drug testing program is in place. 8.7.4 ORS 2790510(Recycling/Composting): If this Contract includes demolition work,the Contractor shall salvage or recycle construction and demolition debris,if feasible and cost-effective.If this Contract includes lawn or landscape maintenance,the Contractor shall compost or mulch yard waste material at an approved site,if feasible and cost-effective. 6 8.7.5 ORS 279C.515(Failure to Pay Promptly): If Contractor fails,neglects,or refuses to make prompt payment of any Claim for labor or services furnished to the Contractor or a Subcontractor by any person in connection with this Contract as such Claim becomes due,the Owner may pay such Claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due the Contractor by reason of this Contract.The payment of a Claim in the manner authorized in this section shall not relieve the Contractor or the Contractor's surety from any obligation with respect.to any unpaid Claims.Unless the payment is subject to a good-faith dispute as defined in°ORS:279C.580,if Contractor or any first-tier Subcontractor fails to pay any Claim for materials or labor furnished under this Contract within 30 days after being paid by Owner,interest shall be due on such claim as specified in ORS 279C.515(2)atthe end of the 10-day period that payment is due under ORS 279C.580(4).A person with any such unpaid Claimimay file a complaint with the Construction Contractor's Board unless the complaint is subject to a good-faith dispute as defined in ORS 279C.580. § 8.7.6 ORS 279C.520 and 279C.540(Hours of Labor,Holidays,and Overtime): Except as otherwise provided in an applicable collective bargaining agreement with a labor organization,Contractor shall not employ and shall require that its Subcontractors not employ any person to perform construction work for more than ten hours in any one day,or 40 hours in any one week,except in cases of necessity,emergency,or where the public policy absolutely requires it and in such cases,except in cases of Contracts for personal services as defined in ORS 279A.055,the laborer shall be paid at least time and a half pay: .1 For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days,Monday through Friday;and - .2 For all overtime in excess of ten hours a day or 40 hours in any one week when the work week is four ?; r, consecutive days,Monday through Friday;and • .3 For work performed on Saturday and on any legal holiday specified in any applicable collective bargaining agreement or ORS 279C.540(1)(b). The requirement to pay at least time and a half for all overtime worked in excess of 40 hours in any one week shall not apply to individuals who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. Section 201 to 209 from receiving overtime.Contractor shall and shall require its . Subcontractors to give notice in writing to their employees who work under this Contract,either at the Additions and Deletions Report for AIA Document A101"'—2007.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987. 1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlAe Document Is protected by U.S.Copyright Law and 5 International Treaties.Unauthorized reproduction or distribution of this AIAe Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Thls document was produced by AIA software at 09:16:04 on 04/03/2013 under Order No.5783800624_1 which expires on 01/30/2014,and Is not for resale. User Notes:A101-2007 TTSD Template-BOLI Version rev 3-26-13 (808470886) • time of hire or before commencement of Work on the Contract,or by posting a notice in a location frequented by employees,of the number of hours per day and days per week that the employees may be required to work. $ 8.7.7 ORS 279C.525(Notice of Environmental Regulations): State law requires that solicitation documents for a public improvement contract make specific reference to federal,state,and local agencies that have enacted ordinances, rules,or regulations dealing with the prevention of environmental pollution or the preservation of natural resources that may affect the performance of this Contract.These agencies include,but are not limited to: .1 Federal Agencies: Department of Agriculture,Forest Service, Soil and Water Conservation Service, • Coast Guard,Department of Defense,Army Corps of Engineers,Department of Emergency,Federal -Energy Regulatory Commission,Environmental Protection Agency,Department of Health and Human Services,Department of Housing and Urban Development,Solar Energy and Energy Conservation Bank,Department of Interior,Bureau of Land Management,Bureau of Indian Affairs,Bureau of Mines,Bureau of Reclamation,Geological Survey,Minerals Management Service,U.S.Fish and Wildlife Service,Department of Labor,Mine Safety and Health Administration,Occupational Safety and Health Administration,Department of Transportation,Federal Highway Administration,Water Resources Council. .2 State Agencies: Department of Administrative Services,Department of Agriculture,Soil and Water Conservation Commission,Columbia River Gorge Commission,Department ofEnergy,Department of Environmental Quality,Department of Fish and Wildlife,Department of Forestry,Department of Geology and Mineral Industries,Department of Human Resources,Department of Consumer and Business Services,Land Conservation and Development Commission,Department of Parks and Recreation,Division of State Lands,Department of Water Resources. .3 Local Agencies: City councils,county courts,county boards of commissioners,metropolitan service district councils,design commissions,historic preservation commissions,planning commissions, • development review commissions,special district boards of directors,and other special districts and special governmental agencies such as Tri-Met,urban renewal agencies,and Port Districts. .4 Tribal Governments. 8.7.8 ORS 279C530(Payment for Medical Care and Workers'Compensation): Contractor shall promptly,as due,make payments to any person,co-partnership,association,or corporation furnishing medical,surgical,and • hospital care or other needed care and attention,incident to sickness or injury,to the employees of such Contractor,of • .01 sums which the Contractor agrees to pay for such services and all moneys and sums which the Contractor collected or deducted from the wages of employees pursuant to any law,contract,or agreement for the purpose of providing or paving for such service.All employers,including the Contractor,that employ subject workers who work under this Contract in the State of Oregon shall comply with ORS 656.017 and provide the required workers'compensation coverage,unless such employers are exempt under ORS 656.126.Contractor shall ensure that each of its Subcontractors complies with these requirements. $ 8.7.9 ORS 279C345(Time Limitations on Claims for Overtime): Construction workers employed by the Contractor or its Subcontractor shall be foreclosed from the right to collect for any overtime under this Contract unless a claim for payment is`filed with the Contractor or Subcontractor within 90 days from the completion of the Contract, providing the Contractor or Subcontractor has: .1 Caused a circular clearly printed in blackface pica type and containing a copy of this section to be • :posted in a prominent place alongside the door of the timekeeper's office or in a similar place which is readily available and freely visible to any or all workers employed on the Work,and .2 Maintained such circular continuously posted from the inception to the completion of the Contract on which workers are or have been employed. • 8.7.10 ORS 279C.580 3 'rom i t Pa n ent of First-Tier Subcontractors : Contractor shall include in each subcontract for property or services with a first-tier Subcontractor a clause that obligates the Contractor to pay the first-tier Subcontractor for satisfactory performance under its subcontract within ten days out of such amounts as are paid to the Contractor by the Owner.Contractor shall also include in each subcontract a clause that states that if the Contractor fails to pay any claim for materials or labor furnished under this Contract within 30 days after being paid by Owner,interest shall be due on such claim as specified in ORS 279C.515(2)at the end of the ten-day period that payment is due under ORS 279C.580(3).Contractor shall require each first-tier Subcontractor to include a payment clause and interest clause conforming to the requirements of ORS 279C.580 in each of its subcontracts,and to require Additions and Deletions Report for AIA Document A101T1—2007.Copyright O 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987, 1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document Is protected by U.S.Copyright Law and 6 International Treaties.Unauthorized reproduction or distribution of this AlA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 09:16:04 on 04/03/2013 under Order No.5783800624 1 which expires on 01/30/2014,and is not for resale. User Notes:A101-2007 TTSD Template-BOLI Version rev 3-26-13 (808470886) • each of its Subcontractors to include a similar clause in each contract with a lower-tiered subcontractor or supplier. 8.7.11 ORS 279C.605 otice of Claim on Bond : An r erson claimin l a ri_ t of action under ORS 279C.600 must file a notice of claim as provided in ORS 279C.605. • §-8.7.12 ORS 279C.800 to 279C.870(Payment of Prevailing Wage Required): .1 This Contract is subject to payment of prevailing wages under the federal Davis-Bacon Act(40 U.S.C. . • 3141 et seq.)and the State of Oregon Prevailing Wage Act(ORS 297C.800 to 279C.870.Pursuant to ORS 279C.838,Contractor and every subcontractors must pay the higher of the federal prevailing wage rate or the state prevailing wage for an hour's work in the same trade or occupation where the labor is • performed as defined in Definition of Covered Occupations for Public Works Projects in Oregon, published by the Commissioner of the Oregon Bureau of Labor and Industries and available at http://www.boli.state.or.us/BOLI/WHD/PWR/pwr book.shtml.The latest state prevailing wage rates ' for Public works contracts in Oregon are contained in the following publications: The �`#e ofiino f • evvpSc l Prevailing Wage Rates for Public Works Protects in Oregon,the _ ppr �r-..,� ' • C11Ltr ca(l PWR Apprenticeship Rates and r. �ia- �o�r1•'eu}„r o ae-�� e,�ir`�Pa��an �igpn;� r a�� ll. o use R. �' �i�hsulc'e �� ennct�� I:�•b 9 0 0 #es Such publications can be reviewed°electronically at http://www.boli.state.or.us/BOLI/WHD/PWR/pwr state.shtml and are hereby incorporated as part of the Contract Documents.The latest federal prevailing wage rates can be • •'-revieweatelectronically at http://www.wdol.gov/Index.aspx(Search for Oregon,Washington County, Building Construction Type)("WDOL")and are hereby incorporated by reference as part of the • "---.`Contract Documents.Contractors shall follow all prevailing wage rules including posting the Davis-Bacon Poster at the worksite and submitting certified payroll records.The poster is available at • http://www.dol.gov/whd/reps/compliance/posters/fedproic.pdf.The payroll form is at http://www.dol.gov/whd/fonns/wh347instr.htrn. .2 Except as otherwise provided in 29 CFR Section 1.6,the applicable federal prevailing wage rates are those set forth in the general wage determination published on WDOL,including any modifications. published onWDOL last published prior to bid closing for this Contract. • •3. Contractor and all Subcontractors shall keep the prevailing wage rates for this Project posted in a conspicuous and accessible place in or about the Project. 4. The.Owner shall pay a fee to the Commissioner of the Oregon Bureau of Labor and Industries as provided iri'ORS 279C.825.The fee shall be paid to the Commissioner under the administrative rule of the.Commissioner rv'• . .. _ ' 5. If Contractor or any Subcontractor also provides for or contributes to a health and welfare plan or a ' Pension-plan,or both,for its employees on the Project,it shall post notice describing such plans in a conspicuous and accessible place in or about the Project.The notice shall contain information on how - 'and where to make claims and where to obtain future information.. § 8.7.13 ORS 279C:836,(P. blic Works Bond Required): The Contractor shall: • .1 File_a publicworks bond with the Construction Contractors Board pursuant to ORS 279C.836 before • startingwotk.on the Project,unless exempt under ORS 279C.836(2)(7)or(8):and .2 Include in every subcontract a provision requiring the Subcontractor to file a public works bond with the:Construction Contractors Board pursuant to ORS 279C.836 before starting work on the Proiect; ' unless.exempt under ORS 279C.836(2)(7)or(8). § 8.7.14 ORS 279C.845(Prevailfng Wage Certification:Additional Retainage): - • • .1 Contractor and every Subcontractor shall file certified statements with Owner in writing in the form • prescribed by the Commissioner.of the Bureau of Labor and Industries,certifying the hourly rate of wage paid each worker whom Contractor or Subcontractor has employed upon such public work,and further certifying that no worker employed upon such public work has been paid less than the prevailing rate of wage or less than the minimum hourly rate of wage specified in the Contract,which certificate and statement shall be verified by the oath of Contractor or Contractor's surety or Subcontractor or Subcontractor's surety that Contractor and any Subcontractor has read such statement and certificate and knows the contents thereof,and that the same is true to Contractor or • Subcontractor's knowledge.The certified statements shall set out accurately and completely the payroll Additions and Deletions Report for MA Document A101"'—2007.Copyright®1915,1918,1925,1937,1951,1958,1961,1983,1967,1974,1977,1987, 1991,1997 and 2007 by The American Institute of Architects.All lights reserved.WARNING:This AlAe Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result In severe civil and criminal 7 penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AlA software at 09:16:04 on 04/03/2013 under Order No:5783800624_1 which expires on 01/30/2014,and Is not for resale. User Notes:A101-2007 TTSD Template-BOU Version rev 3-26-13 (808470886) records for the prior week including the name and address of each worker,the worker's correct classification,rate of pay,daily and weekly number of hours worked,deductions made,and actual wages paid. .2 The certified statement shall be delivered or mailed by Contractor or Subcontractor to Owner. Certified statements for each week during which the Contractor or Subcontractor employs a worker upon the public work shall be submitted once a month,by the fifth business day of the following month. Information submitted on certified statements may be used only to ensure compliance with the provisions of ORS 279C.800 to 279C.870.Notwithstanding any other provision of this Contract and in addition to any other retainage required under this Contract,the Owner shall retain 25%of any amount earned by the Contractor until the Contractor has filed the certified statements with the Owner as required by this Section.The Owner will pay the retainage required under this Section within 14 days after the Contractor files the certified statements required by this Section. .3 Contractor and each Subcontractor shall preserve the certified statements for a period of three years from the date of completion of the Contract. • • 8.7.15 ORS 671.560 701.026 andsca•eJConstruction Contractors License Re'uired : If Contractor is performing work as a landscape contractor as defined in ORS 671.520(2),Contractor must have a current,valid landscape contractor's license issued under ORS 671.560.If Contractor is performing work as a Contractor as defined in ORS 701.005(2),Contractor must have a current,valid construction contractor's license issued under ORS 701.026. Contractor shall further certify that all Subcontractors performing Work described in ORS 701.005(2) are registered with the Construction Contractors Board or licensed by the State Landscaping Contractor's Board as required by the above4noted statutes before they commence Work under this Contract.Contractor shall maintain in effect all licenses,permits,and certifications required for the performance of the Work.Contractor shall notify Owner immediately if any license,permit,or certification required for performance of this Contract shall cease to be in effect for any reason. § 8.7.16 Applicable Federal Statutes: Contractor shall comply with the provisions of the Immigration Reform and Control Act of 1986 regarding the verification of employment eligibility. In addition,Contractor expressly agrees to comply with the following: Workers' Compensation Laws(ORS Chapter 656);Wages,Hours and Records Laws . (ORS Chapter 652);Conditions of Employment Laws(ORS Chapter 653); Safety and Health Regulations (ORS Chapter 654);and Unemployment Insurance(ORS Chapter 657);all regulations and administrative rules • established pursuant to the forgoing laws;and all other applicable requirements of federal and state civil rights and rehabilitation statutes,rules,and regulations,including without limitation(a)Titles VI and VII of the Civil Rights Act • of 1964,as amended,which prohibits discrimination on the basis of race,color,or national origin;(b)Sections 503 and 504 of the Rehabilitation Act of 1973,as amended;(c)the Americans with Disabilities Act of 1990,as amended, (d)..the Health Insurance Portability and Accountability Act of 1996;(e)the Age Discrimination in Employment Act of 1967,as amended and the Age Discrimination Act of 1975,as amended;(f)Discrimination against disabledpersons (ORS)659A:142),(g)the Drug Abuse Office and Treatment Act of 1972(P.L.92.255)as amended,relating to nondiscrimination on the basis of drug abuse; (h)the Comprehensive Alcohol and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(P.L.91.6160)as amended,relating to nondiscrimination on the basis of alcohol abuse or alcoholism;(i)Sections 523 and 527 of the Public Health Service Act of 1912(42 U.S.C.290 dd.3 and 290 ee-34), as amended,relating to confidentiality of alcohol and drug abuse patient records;(1)Title VIII of the Civil Rights Act of 1968(42 U.S.C.3601.et:seq.),as amended,relating to nondiscrimination in the sale,rental,or financing of housing; (k)any other nondiscrimination provisions in the specific statute(s)under which application for Federal assistance is being made;and(1)the requirements of any other nondiscrimination statute(s)which may apply to the application. Contractor shall comply with the provisions of the Hatch Act(5 U.S. 1501-1508 and 7234-7328)which limit the political activities of employees whose principal employment activities are funded in whole or part with federal funds. § 8.8 When Work is Performed on Owner property(including schools),Contractor Shall Comply With the Following: § 8.8.1 Identification: Personnel performing works on Owner property or for Owner shall be in full uniform at all times.Uniforms shall include shirt with company identification attached. In addition,all such persons shall carry photo identification and will present such to anyone on request.If such identification cannot be produced by Contractor,or is not acceptable to Owner,Owner may provide at its sole discretion,such identification tags to Contractor.Contractor shall bear the entire cost of producing and assigning such identification.Contractors that do not Additions and Deletions Report for AlA Document A101,"—2007.Copyright©1915,1918,1925,1937,1951.1958,1961,1963,1967,1974,1977,1987, 1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law and 8 International Treaties.Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 09:16:04 on 04/03/2013 under Order No.5783800624 1 which expires on 01/30/2014,and is not for resale. User Notes:A101-2007 TTSD Template-BOLI Version rev 3-26-13 (808470886) have specific uniforms for employees shall provide identification tags as described above,and/or any other mechanism the Owner in its sole discretion determines is required to easily identify Contractors. • 8.8.2 Si -in Re•uired: As r.a uired b schools and other Owner locations each da of work Contractor's employees shall sign into the Main Office to receive an in-school identification/visitors tag to be displayed on the person at all times they are in the school or other location. • 8.8.3 No Smokin l: Smokin: or other use of tobacco is . ohibited on Owner .r..- . • 8.8.4 No Dru s: Owner .ro.- sites are desi ated dru•-free zones enforced b the .olice a•encies o.eratin r within the District "" ,_ • 8.8.5 No Wea•ons or Firearms: Exc".t as .rovided b Ore:on statutes and Owner .olic wea s ons and firearms are prohibited on Owner property. § 8.9 When Work Is Performed in or on School Sites Contractor Shall Co •1 With the Followin.: • 1.9.1'No Unsu• •rvised Contact With Students: "Unsu.- .sed contact with students"means contact with students that provides the person with opportunity and probability for personal communication or touch when not • under direct supervision.The:Contractor will ensure that the Contractor,any Subcontractors,and their officers,agents, and employees-will have no direct,unsupervised contact with students while on the Owner's property.The Contractor will work with:the Owner to"ensure compliance with this requirement If the Contractor is unable to ensure through a security plan that none of its officers,agents,or employees will have direct,unsupervised contact with students in a particular circumstance or circumstances,the Contractor shall so notify the Owner prior to beginning any Work that could result in such contact The Contractor authorizes the Owner to obtain information about the Contractor and its • history and to conduct a criminal background check,including fingerprinting,of any officer,agent,or employee of the Contractor who will ha ie.unsupervised contact with students.The Contractor also agrees to cause the Contractor's employees:and/or Subcontractors,if any,to authorize the Owner to conduct such background checks.The Contractor shall pay all'fees asses's`ed by Oregon Department of Education and the Owner for processing the background check. The Ownermav:deducethe cost of such fees from a progress or final payment to the Contractor under this Contract, unless the.Contractor elects to pay such fees directly. • 8:9.2 Confidentiali : The Contractor will not disclose an information or records re_ardin: students or their families-hat-the Contractor may-learn or obtain in the course and scope of the Contractor's performance of this • Contract. • 8.1O Attorne Fees: If a.suit%or action is filed to enforce an of the terms of this Contrac includin• a r=.uest for -arbitration,the prevailing party shall be entitled to recover from the other party,in addition to costs and disbursements providdd'by statute,any suni'whichi a--Court,including any appellate court,or arbitrator may adjudge reasonable as attorney fees. In the event the prevailing party is represented by"in-house"counsel,the prevailingparty shall nevertheless be entitled to recover reasonable attorney fees based on the reasonable time incurred and the attorney fee rates and charges reasonably-and generally accepted in the metropolitan Portland,Oregon area for the type of legal services performed. § 8.11 This Agreement shall be governed by the laws of the State of Oregon,and mandatory and exclusive venue for any dispute shall be Iri:state circuit court in Washington County, Oregon. § 8.12 The Contractor may not assign its responsibilities,duties,obligations,and rights under this Agreement,without theexpress written consent of the Owner.This does not prevent Contractor from engaging subcontractors to perform various:Phases of the Project,but Contractor shall be fully responsible to Owner for the work,actions,and omissions of all such subcontractors. § 8:13 Contractor stipulates that Owner is a political subdivision of the State of Oregon,and as such,may enjoy immunities from suit and liability under the Constitution and laws of the State of Oregon.By entering into this Agreement,Owner does not waive any of its immunities from suit and/or liability,except as otherwise specifically provided herein and as specifically authorized by law. Additions and Deletions Report for AIA Document A1017"—2007.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987, 1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document Is protected by U.S.Copyright Law and 9 International Treaties.Unauthorized reproduction or distribution of this AIAe Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 09:16:04 on 04/03/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A101-2007 TTSD Template-BOLI Version rev 3-26-13 (808470886) • PAGE 12 § 9.1.1 The Agreement is this executed AIA Document A101-2007,Standard Form of Agreement Between Owner and contractor,as modified. § 9.1.2 The General Conditions are AIA Document A201-2007,General Conditions of the Contract for Ce> stion.Construction,as modified(the"General Conditions"). • Title of Specifications exhibit: • Sestlea Title Date Pages• Title o f Drawings exhibit: - t+lafer Title Date PAGE 13 A201 2007) . Type of insurance or bond Limit of liability or bond amount($000)($0.00) • • TIGARD-TUALATIN SCHOOL DISTRICT NO.23J • • • • • • • • • Additions and Deletions Report for AIA Document A101"'—2007.Copyright O 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987, 1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIAe Document Is protected by U.S.Copyright Law and 10 International Treaties.Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 09:16:04 on 04/03/2013 under Order No.5783800624_1 which expires on 01/30/2014,and Is not for resale. User Notes:A101-2007 TTSD Template-BOLI Version rev 3-26-13 (808470886) Certification of Document's Authenticity AIA®Document D401 Tm — 2003 I,Jeffrey G.Condit,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 09:16:04 on .04/03/2013 under Order No.5783800624_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document A101TM—2007,Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum,as published by the AIA in its software,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) ,. • (Title) ' (Dated) • • • • • • • • • AIA Document D4017"—2003.Copyright O 1992 and 2003 by The American Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of It,may i result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 09:16:04 on 04/03/2013 under Order No.57838006241 which expires on 01/30/2014,and is not for resale. User Notes:A101-2007 TTSD Template-BOLI Version rev 3-26-_13 (808470886) DOCUMENT 00 72 00 GENERAL CONDITIONS DOCUMENT 00 72 00 GENERAL CONDITIONS • PART 1 GENERAL 1.01 FORM OF GENERAL CONDITIONS A. Modified AIA Document A201 -2007 "General Conditions of the Contract for Construction"will be the General Conditions for the Project. 1. A copy is attached following this Document. PART 2 PRODUCTS(NOT USED) PART 3 EXECUTION (NOT USED) END OF DOCUMENT • • • • • • • • Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof• 00 72 00- 1 Pnnted 3/272013 v lia,;�AIA Document A2017 - 2007 - General Conditions of the Contract for Construction --for the1ollowing PROJECT: (Name and location or address) ` Twality Middle School Roofing Project,Tigard Oregon ADDITIONS AND DELETIONS: The author of this document has = added information needed for its THE OWNER: _- r;. completion.The author may also - (Name and address) have revised the text of the original - ;Tigard-Tualatin School'.District s � AIA standard form.An Additions and 6960 S.W:°,Sandburg:Street Deletions Report that notes added -Tigard,Oregon 97223-8039-, . « information as well as revisions to the .^'. standard form text Is available from THEfARCHITECT: _ the author and should be reviewed.A (Name and address) , _ vertical line in the left margin of this Dull-Olson Weekes-113I.Group Architects,Inc. document indicates where the author z. = } has added necessary information y;: 07•SW Stank^Street .. and where the author has added to or Portland;OR97205-:' deleted from the original AIA text. a ? This document has important•legal _ _ _ - consequences.Consultation with an attorney is encouraged with respect to its completion or modification. ;rTHESEGENERALCONDITIONS APPLY TO THE AGREEMENT BETWEEN"T,HE;PARTIES DATED rt. TABLE OF ARTICLES - ` 1,' ..GENERAL.PROVISIONS ;.2 OWNER' _ -CONTRACTOR ARCHITECT 5- SUBCONTRACTORS,. 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS }..7 CHANGES IN THE WORK 8J_ . TIME ' ,9. , PAYMENTS AND COMPLETION `-10 _>. PROTECTION OF PERSONS AND PROPERTY 11, INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK AIA Document A20171'—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized V reproduction or distribution of this AlA®Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624 1 which expires on 01/30/2014,and Is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) • • 13 MISCELLANEOUS PROVISIONS =14;�}-.' TERMINATION OR SUSPENSION OF THE CONTRACT ;r44.l• CLAIMS AND DISPUTES sb.!o- Yr 1 . 1. I �.' • 17 e. 5. /; ` I4'g°' !" � � r tt. • 3, ` ■;• ,'r ? • ?'IP •` Y :4*'� E• r 4 .` a tip' d ,{*� '"itx • 4 f ,T F't0 Init. AIA Document A201 n—2007.Copyright O 1911,1915,1918,1 925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 2 reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) INDEX Architect's Administration of the Contract (Numbers and Topics in Bold are Section Headings) 3.1.3,4.2,3.7.4, 15.2,9.4.1,9.5 Architect's Approvals -- - • I .Acceptance of Nonconforming Work 2.4.1,3.1.3,3.5.1,3.10.2,4.2.7 ;9.6.6,9.9.3, 12.3 Architect's Authority to Reject Work 1 Acceptance of Work 3.5.1,4.2.6, 12.1.2, 12.2.1 _9.6.6;9.8.2,9.9.3,9.10.1,9.10.3, 12.3 Architect's Copyright Access to Work 1.1.7, 1.5 .316,6.2.1, 12.1 Architect's Decisions Accident Prevention Ss;'1 �` 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.2.14,6.3.1, 10 7.3.7,7.3.9,8.1.3,8.3.1,9.2.1,9.4.1,9.5,9.8.4,9.9.1, `Acts and Omissions-. , • 13.5.2, 15.2, 15.3 31.2:3.3.2,3,12.8,3:18,-4.2.3,8.3.1,9.5.1, 10.2.5, Architect's Inspections _ - ;,10:2.8, 13:4:2z,13.7:1, 14.1,:15.2 3.7.4,4.2.2,4.2.9,9.4.2,9.8.3,9.9.2,9.10.1, 13.5 ' Addenda`' , - Architect's Instructions ' +1:1,3:1:1.1'. 3.2.4,3.3.1,4.2.6,4.2.7, 13.5.2• AddihionalCosts,Claims for ..- Architect's Interpretations _- . '3.7;4 3:T.1 61 it 7.3.7-.5,10.3, 15.1.4 4.2.11,4.2.12 '- Additional Inspectionsand Testing Architect's Project Representative • , 9:4:2,9.81,12:2:1,81'35 r 42.10 Additional=Insured Architect's Relationship with Contractor _ ; 1.1.2, 1.5,3.1.3,3.2.2,3.2.3,3.2.4,3.3.1,3.4.2,3.5.1, ', Additional Time,.Claims for 3.7.4,3.7.5,3.9.2,3.9.3,3.10,3.11,3.12,3.16,3.18, • ` 3-1.4.47.A,3„7:5;110:2,8.3:2, 15.1.5 4.1.2,4.13,4.2,5.2,6.2.2,7,8.3.1,9.2,9.3,9.4,9.5, ''Administration.of the Contract 9.7,9.8,9.9,10.2.6, 10.3,11.3.7;12, 13A.2,13.5, 15.2 -3.1:3;4.2+49:4„9.:5‘- - - :Advertisement or Invitation to Bid Architect's Relationship with Subcontractors ,' - ' - 1.1:1.._ 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4, 11.3.7 ~ ,,Afesthetic,Effect , . Architect's Representations ' -' -s': „ - a4:2.'1'3- - - - 9.4.2,9.5.1,9.10.1 . .- Allowances` ="'.;:-,i- Architect's Site Visits ` 3.7.44.224.2.99.4.29.5.1 9.9.29.10.1 13.5 3.$,:7.3.8= . _ � .: - : � , - - ; All-risk;Insurance Asbestos 11:3.1, 113.1.1 10.3.1 Applications for : Attorneys' Fees _ -- _ 42:5,.7:3::9,0:2;9:3,9.4,9.5._1,'9.6:3,-.9.7.1,9.10, 3.18.1,9.10.2, 10.3.3 1 1te3 - Award of Separate Contracts Approvals : _:; .1: _, . 6.1.1,6.1..2 2:1:1,2.2:2,`2.4,3.1:3,"3.10.2,3.12.8,3.12.9,3.12.10, Award of Subcontracts and Other Contracts for ' _;4.2.7;:9.3.2,,13.5.1. :. Portions of the Work • Arbitration V 1 ; .i.: 5.2 ' ' 8.3.1, 11.3.10, 13.1.1,15:3:2_,'15:4' Basic Definitions - - ARCHITECT- - • ' 1.1 _ 4 Bidding Requirements _;c Architect;Definition of 1.1.1,5.2.1, 11.4.1 - -. ==4.1.1 Binding Dispute Resolution Architect,Extent of Authority 9.7.1, 11.3.9, 11.3.10, 13.1.1, 15.2.5, 15.2.6.1, 15.3.1, .2:4.1,3:12.7;4A;4.2,5.2,6.3.1,7.1.2,7.3.7,7.4, 15.3.2,15.4.1 •- 9.2;1,79.3:1,9.4,,9.5,9.6.3,9.8,9.10.1,9.10.3, 12:1, Boiler and Machinery Insurance --- .•:122:1,13.5.1,.13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1 11.32 . " _ =Aichiteet;'.I imitations of Authority and Responsibility Bonds,Lien • . 2-.1.1.,-;:3x'12 4,-3.`12.8,3.12,10,4.1.2,4.2.1,4.2.2,4.23, 7.3.7.4,9.10.2,9.10.3 4.2.6,4.2.7,4.2.10,4.2.12,4.2.13,5.2.1,7.4.1,9.4.2, Bonds,Performance,and Payment 9.5.3,9.6.4, 15.1.3, 15.2 7.3.7.4,9.6.7,9.10.3, 11.3.9, 11.4 Architect's Additional Services and Expenses Building Permit 2.4.1, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 3.7.1 Init• AIA Document A201"'—2007.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 3 reproduction or distribution of this AIA®Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the i maximum extent possible under the law.This document was produced byAIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) Capitalization 4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3, 12.2, 13; �� 13.7 : Certificate of Substantial Completion Compliance with Laws - - 9:83,9.8:4,9.8.5 1.6.1,3.2.3,3.6,3.7,3.12.10,3.13,4.1.1,9.64,10.2.2, ':Ceirtificates for Payment 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, _ I4.2.1,4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 9.10:1;9.10.3, 14.1.1.3, 14.2.4, 15.1.3 Concealed or Unknown Conditions Certificates of Inspection,Testing or Approval 3.7.4,4.2.8,8.3.1, 10.3 13;5.4 "_ Conditions of the Contract Y. N LI Certificates ofInsurance7 1.1.1,6.1.1,6.1.4 _ .,"9;10.2, 11.1.3` Consent,Written . Change Orders- 3.4.2,3.7.4,3.12.8,3.14.2,4.1.2,9.3.2,9.8.5,9.9.1, 131,2.4.1;;3:4.2,3.7A,3.8.2.3,3.11.1,3.12.8,4.2.8, 9.10.2,9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2 '5':2:3,7.1.2,7:13,7:2,;7.3.2,7.3.6,7.3.9,7.3.10,8.3.1, Consolidation or Joinder 9.3.1.1,9.103,10.3 2, 1.3.:a 11.3.4, 11.3.9, 12.1.2, 15.4.4 1 :1.3 Pz k CONSTRUCTION BY OWNER OR BY % _ Change Orders,:Definition of,: SEPARATE CONTRACTORS - S 7:2.1'. 1.1.4,6 CHANGES IN THE:WORK" Construction Change Directive,Definition of 2:2:1;3.11,4.2.8,7,7:2.1; 7.3.1,7.4,7.4.1,8.3.1, 7.3.1 ' 9:3:1,1, 11.3.9 _ Construction Change Directives ' Claims,Definition of 1.1.1,3.42,3.12.8,42:8,7.1.1,7.12,7.1.3,73, l5:1d1 9.3.1.1 , CLAIMS,AND DISPUTES`':• Construction Schedules,Contractor's •1 3:2.4,6.1.1,6:3.1,7.3:9,03,9.10.4, 10.3.3,15, 15.4 3.10,3.12.1,3.12.2,6.1.3, 15.1.5.2 - - Contingent Assignment of Subcontracts : Claims and Timely=Assertion,of Claims 5.4, 14:2.2.2 15:4.1`:. Continuing Contract Performance Claims for Additional-Cost 15.1.3 3.2:4,34 4 6.1:1;73;9,40.3.2, 15.1.4 Contract,Definition of Claims for AdditionaL-Time: 1.1.2 : 3.2:-4,:3°.7'.46.1:3;8:3.2,.10:3.2,•15.1.5 . . CONTRACT,TERMINATION OR -- Concealed or,Unknown-Conditions,'Claims for SUSPENSION OF THE 1: 5.4.1.1, 11.3.9, 14 - -Claims for Damages �; _'. Contract Administration - , -3:2.4,3.18,6.1.1;;`8:3:3,9:5.1-,9.6.7, 103.3, 11.1.1, 3.1.3,4,9.4,9.5 11.3:5, 113.7, 14:x:3 14.2.4;.^15:1:6. Contract Award and Execution,Conditions Relating Claims'Sitbject to Arbitration,,,°_r; - to s::15,3.1,15,4.1 '`L, 3.7.1,3.10,5.2, 6.1, 11.1.3, 11.3.6, 11.4.1 1. "•4 J , :1 Cleaning Up' - Contract Documents,The 3:15,;6:3 1.1.1 • Commencement of the Work,Conditions Relating to Contract Documents,Copies Furnished and Use of 2.2.1,3.2.2,3.4.1,3.71 3.10.1,332.6,5.2.1, 5.2.3, 1.5.2,2.2.5,5.3 6.2.2, 8:1.2;7.8.2;2;8.3.1, 1171, 11.3.1, 11.3.6, 11.4.1, Contract Documents,Definition of : 3 15.1.4 _.� 1.1.1 V" Commencement of the Work,Definition of Contract Sum `ry '` 8.1:2 3.7.4,3.8,5.2.3,7.2,7.3,7.4,9.1,9.4.2,9.5.1.4,9.6.7, Communications Facilitating Contract 9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4, 15.2.5 -I,_ Administration Contract Sum,Definition of 3.9.1,n4'2.4 , 9.1• . Completion; ionditians Relating to Contract Time 3.4:1;3'.11,3:15,:4.2.2,4.2.9,8.2,9.4.2,9.8,9.9.1, 3.7.4,3.7.5,3.10.2,5.2.3,7.2.1.3,7.3.1,7.3.5,7.4, 9.19, 12.2, 1.;.7,14.1.2 8.1.1,8.2.1, 8.3.1,9.5.1,9.7.1, 10.3.2, 12.1.1, 14.3.2, COMPLETION,PAYMENTS AND 15.1.5.1, 15.2.5 9 Contract Time,Definition of Completion, Substantial 8.1.1 , CONTRACTOR kilt' AlA Document A201111—2007.Copyright®1911,1915,1918,1 925,1937,1951,1958,1981,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized 4 reproduction or distribution of this AIA®Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AlA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) . 3 2.4.1,3.2.4,3.7.3,3.8.2,3.15.2,5.4.2,6.1.1, 6.2.3, Contractor,Definition of 7.3.3.3,7.3.7,7.3.8,7.3.9,9.10.2, 10.3.2, 10.3.6, 11.3, 3.1,6:L2 12.1.2, 12.2.1, 12.2.4, 13.5, 14 ' Contractor's Construction Schedules Cutting and Patching 3:10,3.12.1,3.12.2,6.1.3, 15.1.5.2 3.14, 6.2.5 • Contractor's Employees Damage to Construction of Owner or Separate 13.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 10.3, Contractors 11.1.1, 11.3.7, 14.1, 14.2.1.1, 3.14.2,6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, Contractor's Liability Insurance 12.2.4 111 Damage to the Work Contractor's Relationship with Separate Contractors 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.4.1, 11.3.1, 12.2.4 and Owner's Forces • - Damages,Claims for 3.12.5,3.14.2,4.2.4,6, 11.3.7, 12.1.2, 12.2.4 3.2.4,3.18,6.1.1,8.3.3,9.5.1,9.6.7, 10.3.3, 11.1.1, Contractor's Relationship with Subcontractors 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 1.2.2,3.3.2,3.18.1,3.18.2,5,9.6.2,9.6.7,9.10.2, Damages for Delay -- 6.1.1,8.3.3,9.5.1.6,9.7, 10.3.2 ,. Contractor's Relationship with the Architect Date of Commencement of the Work,Definition of 1.1.2, 1.5,_3.1.3,3.2.2,3.2.3,3.2.4,3.3.1,3.4.2,3.5.1, 8.1.2 . --3.7.4i3..10,3.11,:3.12,3.16,3.18,4.1.3,4.2,5.2,6.2.2, Date of Substantial Completion,Definition of 7; 8.3:1',9.2,-9.3,9.4,9.5,9.7,9.8,9.9, 10.2.6, 10.3, 8.1.3 - 11:3.7, 12,13_5;.15.12, 15.2.1. Day,Definition of Contractor'.s Representations -:` 8.1.4 3.2.1,3.2.2,"3.51:3:12:6,6.2:2,8.2.1,9.3.3,9.8.2 Decisions of the Architect Contractor's Responsibility for Those Performing the 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, 15.2,6.3, r. Work 7.3.7,7.3.9,8.1.3,8.3.1,9.2.1,9.4,9.5.1,9.8.4,9.9.1, ' 33.3.2,:3.18,.5.3.1,6.1':3,16.2,9.5.1, 10.2.8 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 Contractor's'Review of Contract Documents Decisions to Withhold Certification 3.2 _ __ 9.4.1,9.5,9.7, 14.1.1.3 Contractor's Right to Stop the Work Defective or Nonconforming Work,Acceptance, - 9.-7 Rejection and Correction of .• Contractor's Right to Terminate the Contract 2.3.1,2.4.1,3.5.1,4.2.6,6.2.5,9.5.1,9.5.2,9.6.6, 14,1, 15:1:6 9.8.2,9.9.3,9.10.4, 12.2.1 Contractor's Submittals Defective Work,Definition of 3.10,3.11,3.12.4,4:2.7,5.2.1,5.2.3,9.2,9.3,9.8.2, 3.5.1 9.8.3,9.9.1,9.10:2,9.10.3, 11.1.3, 11.4.2 Definitions .1 Contractor's Superintendent 1.1,2.1.1,3.1.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1, 3.9, 10:2.6 15.1.1,5.1,6.1.2,7.2.1,7.3.1,8.1,9.1,9.8.1 'Contractor's Supervision and Construction Delays and Extensions of Time Procedures - '=- ' ' • 3.2.,3.7.4,5.2.3,7.2.1,7.3.1,7.4.1,8.3,9.5.1,9.7.1, . 1.2.2,_3.3,3.4,3.12.10,4.2.2,4.2.7, 6.1.3,6.2.4,7.1.3, 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5 13.5,"7.3.7,8.2, 10, 12, 14,,15.1.3 Disputes Contractual Liability Insurance " 6.3.1,7.3.9, 15.1, 15.2 11.1.1.8, 11.2 Documents and Samples at the Site 'Coordination and Correlation 3.11 1:2,3.2.1,_3:3.1.3:10,3.12.6,6.1.3,6.2.1 Drawings,Definition of Copies Furnished of Drawings and Specifications 1.1.5 1.5,2.2.5,3.11 Drawings and Specifications,Use and Ownership of Copyrights 3.11 1.5,3.17 -- Effective Date of Insurance Correction of Work 8.2.2, 11.1.2 • 2.3,2.4;3:7:-3,9:4.2,9.8.2,9.8.3,9.9.1, 12.1.2, 12.2 Emergencies Correlationandintent of the Contract Documents 10.4, 14.1.1.2, 15.1.4 1.2 Employees,Contractor's Cost,Definition of 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 7.3.7 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 Costs Equipment,Labor,Materials or AIA Document A201*"—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 5 reproduction or distribution of this AlA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the / maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and Is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) 1.1.3, 1.1.6,3.4,3.5.1,3.8.2,3.8.3,3.12,3.13.1, Insurance • 3.15.1,4.2.6,4.2.7,5.2.1,6.2.1,7.3.7,9.3.2,9.3.3, 3.18.1,6.1.1,7.3.7,9.3.2,9.8.4,9.9.1,9.10.2, 11 9.5.1.3,9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Insurance,Boiler and Machinery Execution and Progress of the Work 11.3.2 ' " 1:1:3, 1.2.1, 1.2.2,2.2.3,2.2.5,3.1,3.3.1,3.4.1,3.5.1, Insurance,Contractor's Liability 3.7.1,3.10.1,3.12,3.14,4.2,6.2.2,7.1.3,7.3.5,8.2, 11.1 9.5.1,9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 Insurance,Effective Date of Extensions of Time 8.2.2, 11.1.2 3.2.4,3.7.4,5.2.3,7.2.1,7.3,7.4.1,9.5.1,9.7.1,10.3.2, Insurance,Loss of Use ' 10:4.1, 14.3 15.1.5 15:2.5 1133 Failure of Payment. Insurance,Owner's Liability ' 93.1.3,9.7;:9;10.2, 13.6;14.1.1.3, 14.2.1.2 11.2 Faulty Work Insurance,Property (See Defective:or Nonconforming Work) 10.2.5,11.3 Final Completion and Final:Payment Insurance,Stored Materials • 4.2.1,4.2.9,9:8.2,9.10,11:1.2, 11.1.3, 11.3.1, 11.3.5, 9.3.2, 11.4.1.4 . ! 12.3.1;14.2.4, 14.43 . .. - ; INSURANCE AND BONDS Financial Arran$ements,Owner's 11 2.2.1,13.2.2,14:11A Insurance Companies,Consent to Partial Occupancy ' Fire and Extended'Coverage Insurance 9.9.1, 11.4.1.5 .1. . 11.31 , z y Insurance Companies,Settlement with GE_NERAI.PROVISIONS 11.4.10 1 ' / t' ,. Intent of the Contract Documents Governing Law 1.2.1,4.2.7,4.2.12,4.2.13,7.4 ,_ 13.1 Interest �: Guarantees(See,Warranty) -7. 13.6 Hazardous Materials ` .,' =.s Interpretation 10:2.4,103. 1.2.3,1.4,4.1.1,5.1,6.1.2, 15.1.1 '- IdentificationT•f Subcontractors and Suppliers Interpretations,Written 5.2.1 't. '' 4.2.11,4.2.12, 15.1.4 ' Indemnification_ ., 5.a:- Judgment on Final Award 3:17.1,3.18,.9.10.2;10:33, 10.3.5, 10.3.6, 11.3.1.2, 15.4.2 !:'1.-.-_ 11:3.7 �r. Labor and Materials,Equipment Information and-Services Requitett of the Owner 1.1.3, 1.1.6,3.4,3.5.1,3.8.2,3.8.3,3.12,3.13,3.15.1, 2:1.2,'2.2;3:2.2,3.12.4,3.12.10;6:13,6.1.4,6.2.5, 4.2.6,4.2.7,5.2.1,6.2.1,7.3.7,9.3.2,9.3.3,9.5.1.3, '.t 9.6.1,9.6.4,-9.9.2,9;10.3,n!03.3, 11.2.1, 11.4, 13.5.1, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 r . 13.5.2,.14.1.1.4,'4.1.4, 15.1::3' , Labor Disputes Initial'Decision _ 8.3.1 15.2 . Laws and Regulations Initial Decision Maker,Definition of 1.5,3.2.3,3.6,3.7,3.12.10,3.13.1,4.1.1,9.6.4,9.9.1, '1.1.8_ 10.2.2, 11.1.1, 11.3, 13.1.1, 13.4, 13.5.1, 13.5.2, Initial Decision Makei',2Decisions 13.6.1, 14, 15.2:8, 15.4 14:2.2, 14.2.4, 15.2.4;412.2,15.2.3, 15.2.4, 15.2.5 Liens Initial Decision_Maker,Extent of Authority 2.1.2,9.3.3,9.10.2,9.10.4, 15.2.8 14.2.2, 14.2.4, 15.L3,.15.2.1, 15.2.2, 15.2.3, 15.2.4, Limitations,Statutes of ' .15:2.5 12.2.5,13.7, 15.4.1.1 Injury or Damage to Person or Property Limitations of Liability 10.2.8, 10.4.1 . 2.3.1,3.2.2,3.5.1,3.12.10,3.17.1,3.18.1,4.2.6,4.2.7, Inspections 4.2.12,6.2.2,9.4.2,9.6.4,9.6.7, 10.2.5, 10.3.3, 11.1.2, ' 3:1.3,3.3.3,3.1.1,4.2.2;4.2.6,4.2.9,9.4.2,9.8.3, 11.2.1, 11.3.7, 12.2.5, 13.4.2 -'' 9.9:2,9.10:1,'12.2.1, 13.5 Limitations of Time Instructions to Bidders 2.1.2,2.2,2.4,3.2.2,3.10,3.11,3.12.5,3.15.1,4.2.7, `'1:1:1 £ 5.2,5.3.1,5.4.1,6.2.4,7.3,7.4,8.2,9.2.1,9.3.1,9.3.3, Instructions to the Contractor 9.4.1,9.5,9.6,9.7.1,9.8,9.9,9.10, 11.1.3, 11.3.1.5, 3.2.4,3.3.1,3.8.1,5.2.1,7,8.2.2, 12, 13.5.2 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15 Instruments of Service,Definition of Loss of Use Insurance 1.1.7 11.3.3 AIA Document A201"'—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 6 reproduction or distribution of this Ale Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the f maximum extent possible under the law.This document was produced byAIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and Is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) • Material Suppliers 2.1.2,2.2,3.2.2,3.12.10,6.1.3,6.1.4,6.2.5,9.3.2, ' 1.5,3.12.1,4.2.4,4.2.6,5.2.1,9.3,9.4.2,9.6,9.10.5 9.6.1,9.6.4,9.9.2,9.10.3, 10.3.3, 11.2.1, 11.3, 13.5.1, Materials,Hazardous 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 10.2.4,10.3 Owner's Authority Materials,Labor,Equipment and 1.5,2.1.1,2.3.1,2.4.1,3.4.2,3.8.1,3.12.10,3.14.2, 1.13, 1.1.6, 1.5.1,3.4.1,3.5.1,3.8.2,3.8.3,3.12, 4.1.2,4.1.3,4.2.4,4.2.9,5.2.1,5.2.4, 5.4.1,6.1,6.3.1, 3.13.1,3.15.1,4.2.6,4.2.7, 5.2.1,6.2.1,7.3.7,9.3.2, 7.2.1,7.3.1,8.2.2,8.3.1,9.3.1,9.3.2, 9.5.1,9.6.4, • • 9.3.3,9.5.1.3,9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 9.9.1,9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, 14.2.1.2 12.3.1, 13.2.2, 14.3, 14.4, 15.2.7 Means,Methods,Techniques,Sequences and Owner's Financial Capability Procedures of Construction 2.2.1, 13.2.2, 14.1.1.4 33.1,3.12.10,4.2.2,4.2.7,9.4.2 Owner's Liability Insurance Mechanic's Lien 11.2 '2.1:2, 15:2.8:., Owner's Loss of Use Insurance Mediation 11.3.3 48.3:1 10:3:5, 10.3.6, 15:2.1,15.2.5, 15.2.6, 15.3, Owner's Relationship with Subcontractors 15.4.1 .- , 1.1.2,5.2,5.3,5.4,9.6.4,9.10.2, 14.2.2 Minor Changes-in the Work Owner's Right to Carry Out the Work _.1.1:1,3.12.8,4.2.8,7.1,7.4 2.4, 14.2.2 MISCELLANEOUS PROVISIONS Owner's Right to Clean Up . ' 13 6.3 - Modifications,Definition of Owner's Right to Perform Construction and to 1.1.1 `,2- Award Separate Contracts Modifications to-the Contract 6.1 - I1.1.1, L1.2,3.11,4.1.2,4.2.1,5.2.3,7,8.3.1,9.7.1, Owner's Right to Stop the Work 10.3.2, 11.3.1 2.3 Mutual Responsibility Owner's Right to Suspend the Work 6.2 - 14.3 _ Nonconforming,Work_,Acceptance of Owner's Right to Terminate the Contract 9;6:6,9:9.3,12.3 14.2 - 'Nonconforming Work,Rejection and Correction of Ownership and Use of Drawings,Specifications ' 2.3.1,2.4.1,3.5.1,4.2.6,6.2.4,9.5.1,9.8.2,9.9.3, and Other Instruments of Service 9.10.4, 12.2.1 1.1.1, 1.1.6, 1.1.7, 1.5,2.2.5,3.2.2,3.11.1,3.17.1, Notice 4.2.12,5.3.1 -2:2.1,23.1,2.4.1,3.2:4,3.3.1,3.7. 3.12.9,5.2.1, Partial Occupancy or Use ' -9.7:1,9.10,10:2.2, 11:1.3, 11.4.6, 12.2.2.1, 13.3, 9.6.6,9.9, 11.3.1.5 , 13.5.1, 13.5.2, 14.1, 14.2, 15.2.8, 15.4.1 Patching,Cutting and Notice,Written 3.14, 6.2.5 2.3.1,2.4.1,3.3.1,3.9.2,3.12.9,3.12.10,5.2.1,9.7.1, Patents :_-.9.10, 10.2.2,-10.3, 11:1.3, 11.3.6, 12.2.2.1, 13.3, 14, 3.17 15.2.8, 15.4.1 Payment,Applications for Notice of Claims .'- 4.2.5,7.3.9,9.2.1,9.3,9.4,9.5,9.6.3,9.7.1,9.8.5, 3.7:4,4.5, 10.2.8, 15.1.2,15.4 9.10.1, 14.2.3, 14.2.4, 14.4.3 Notice of Testing and Inspections Payment,Certificates fof ' I13.5.1, 13.5.2 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, J3bservation_s,Contractor's 9.10.3, 13.7, 14.1.1.3, 14.2.4 - -3.2,3.7.4 Payment,Failure of Occupancy 9.5.1.3,9.7,9.10.2, 13.6, 14.1.1.3, 14.2.1.2 2.2.2,9.6.6,9.8, 11.3.1.5 Payment,Final Orders,Written 4.2.1,4.2.9,9.8.2,9.10, 11.1.2, 11.1.3, 11.4.1, 11.4.5, 1.1.1,2.3,3.9.2,7,8.2.2,11.3.9,12.1,12.2.2.1, 13.5.2, 12.3.1, 13.7, 14.2.4, 14.4.3 1.4.3.1.- - Payment Bond,Performance Bond and I OWNER 7.3.7.4,9.6.7,9.10.3, 11.4.9,11.4 2 Payments,Progress Owner,Definition of 9.3,9.6,9.8.5,9.10.3, 13.6, 14.2.3, 15.1.3 ' 2.1.1 PAYMENTS AND COMPLETION Owner,Information and Services Required of the 9 . MA Document A201*"—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American !nit Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 7 reproduction or distribution of this AlA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the i maximum extent possible under the law.This document was produced byAIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) Payments to Subcontractors 1.1.2,2.3,2.4,3.5.1,3.7.4,3.15.2,4.2.6,4.5,5.3,5.4, 5.4.2,9.5.1.3,9.6.2,9.6.3,9.6.4,9.6.7, 11.4.8, 6.1,6.3,7.3.1, 8.3,9.5.1,9.7, 10.2.5, 10.3, 12.2.2, 14:2.1.2 12.2.4,13.4, 14, 15.4 PCB Royalties,Patents and Copyrights 10.3:1 3.17 -r ;Performance Bond and Payment Bond Rules and Notices for Arbitration . Y73.7t4,9.6.7,9.10.3, 11.4.9, 11.4 15.4.1 ,Permits,Fees,Notices and Compliance with Laws Safety of Persons and Property _2.2.2,3.7,3.13,7.3.7.4, 10.2.2 10.2, 10.4 PERSONS AND PROPERTY,PROTECTION OF Safety Precautions and Programs . 10 3.3.1,4.2.2,4.2.7,5.3.1,10.1, 10.2, 10.4 Polychlorinated Biphenyl Samples,Definition of 10.3.1 M1 3.12.3 Product Data,Definition:of Samples,Shop Drawings,Product Data and 3.1.2.2 .:;,,' - .=,r,- ;,-;? ri. 3.11,312, 4.2.7 4 Product,Data;and Samples,Shop Drawings Samples at the Site,Documents and - 3.11,3.12,4.2.7 3.11 Progress:and.Completion, Schedule of Values 4.2.2,8.2,:9.8,9.9.1, 14.1:4, 15.1.3 9.2,9.3.1 - • Progress Payments Schedules,Construction 9.3,9:6,9.8.5,9.10:3, 13.6,14.2:3, 15.1.3 1.4.1.2,3.10,3.12.1,3.12.2,6.1.3, 15.1.5.2 Project,Definition;of the Separate Contracts and Contractors :s 1.1.4 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7,6,8.3.1, 11.4.7, . Project Representatives' 12.1.2 4.2.10 Shop Drawings,Definition of Property,Insurance 3.12.1 10.2.5,11.3 Shop Drawings,Product Data and Samples PROTECTION OF PERSONS AND PROPERTY 3.11,3.12,4.2.7 10 Site,Use of Regulations and Laws 3.13,6.1.1,6.2.1 1.5,3.2.3,3.6,3.7,3..12.10,3.13,4.1.1,9.6.4,9.9.1, Site Inspections 10.2.2, 11.1,,11.4,:13.1,'13:4, 13.5.1, 13.5.2, 13.6, 14, 3.2.2,3.3.3,3.7.1,3.7.4,4.2,9.4.2,9.10.1, 13.5 15.2.8, 15.4 : V . Site Visits,Architect's - Rejection.of_Work 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1,9.9.2,9.10.1, 13.5 3.5.CA2.02.2.1 - Special Inspections and Testing , Releases and Waivers of Liens 4.2.6, 12.2.1, 13.5 9.10:2 tA:>, :': Specifications,Definition of the Representations 1.1.6 Y 3.2 1,=3:5.1,�3:12:6,62.2,8:21,9.3.3;9.4.2,9.5.1, Specifications,The 'I 9.8:2,9.10.1 1.1.1, 1.1.6, 1.2.2, 1.5,3.11,3.12.10,3.17,4.2.14 . .'Representatives Statute of Limitations 2.1.1,3.1.1,3.9,4.1:1,4.2.1,4.2:2,4.2.10,5.1.1,5.1.2, 13.7, 15.4.1.1 ' 13.2.1 Stopping the Work - - Responsibility.for•Those Performing the Work 2.3,9.7, 10.3, 14.1 3.3.2,3.18,4:2.3;5:3.1,6.1.3,6.2,6.3,9.5.1, 10 Stored Materials .•J Retainage ri 6.2.1,9.3.2, 10.2.1.2, 10.2.4, 11.4.1.4 `' 9.3'.1,9.6.2,9:8:5,'9:9.1;9.10.2,9.10.3 Subcontractor,Definition of Review of Contract Documents and Field 5.1.1 -Conditions by Contractor SUBCONTRACTORS =3.2,3.12.7,6.L3 5 Review of Contractor's Submittals by Owner and Subcontractors,Work by Architect 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 _ 3.10.1,3.10:2,3.11,3.12,4.2,5.2,6.1.3,9.2,9.8.2 Subcontractual Relations Review of Shop Drawings,Product Data and Samples 5.3,5.4,9.3.1.2,9.6,9.10, 10.2.1, 11.4.7, 11.4.8, 14.1, by Contractor 14.2.1 3.12 Submittals . Rights and Remedies NA Document A201"'—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law and,International Treaties.Unauthorized 8 reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the i maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 0327/2013 under Order No.5783800624_1 which expires on 01/302014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.7,9.2,9.3,9.8, 3.1.3,3.3.3,4.2.2,4.2.6,4.2.9,9.4.2, 9.8.3,9.9.2, 9.9.1,9.10.2,9.10.3, 11.1.3 9.10.1, 10.3.2, 11.4.1.1, 12.2.1, 13.5 Submittal Schedule TIME 3.10:2,'3.12.5,4.2.7 8 :Subrogation,Waivers of Time,Delays and Extensions of 6.1.1,11.4.5, 11.3.7 3.2.4,3.7.4,5.2.3,7.2.1,7.3.1,7.4.1, 8.3,9.5.1,9.7.1, Substantial Completion 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5 ' -41:9;8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3, 12.2, Time Limits - 13.7 2.1.2,2.2,2.4,3.2.2,3.10,3.11,3.12.5,3.15.1,4.2, ' Substantial Completion,Definition of 4.4,4.5, 5.2,5.3,5.4,6.2.4, 7.3,7.4,8.2,9.2,9.3.1, '9:8:1 9.3.3,9.4.1,9.5,9.6,9.7,9.8,9.9,9.10, 11.1.3, Substitution of Subcontractors 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, 13.7, 14, 15.1.2, 5.2.3,5.2.4 15.4 Substitution of Architect Time Limits on Claims 4:1:3 ' 3.7.4, 10.2.8, 13.7, 15.1.2 . ,Substitutions of Materials Tide to Work 3:4:2,3.5:1,3.3.8 9.3.2,9.3.3 - - ,- Sub subcontractor,Definition of Transmission of Data in Digital Form .5.1.2;;. " :.._ 1.6 ` Subsurface Conditions•=. ., UNCOVERING AND CORRECTION OF WORK #: 3 7.4 12 Successors-and Assigns Uncovering of Work 13.2 V 12.1 _ , - superintendent Unforeseen Conditions,Concealed or Unknown 3:9,40:2:6 - -'`,. 3.7.4,8.3.1, 10.3 i Supervision and.Construction'Procedures Unit Prices , 71.2:1,i.:3',-.1:3-.4,3.12401.21,'.4-.2.7,6.13,6.2.4,7.13, 7.3.3.2 73.4 7.3.7,8:2,8.3:1,9.4.2,.10; 12; 14, 15.1.3 Use of Documents Surety 1.1.1, 1.5,2.2.5,3.12.6,5.3 ':t: 5.4.1.2,9:8:5,9.10.2,9.10.3, 14.2.2, 15.2.7 Use of Site Surety,;Consent of - 3.13,6.1.1,6.2.1 '. 4 . 910:2,_9.10.3. Values,Schedule of Surveys : 9.2,9.3.1 - - 1 .2.23: ` _y Waiver of Claims by the Architect • 'Suspension by.the°Owner for Convenience 13.4.2 14.3 _ Waiver of Claims by the Contractor . .1 Suspension of the Work " 9.10.5, 11.4.7, 13.4.2, 15.1.6 . 5.4:2,414:3 Waiver of Claims by the Owner - s , Suspension-ofTerminatiomofithetontract 9.9.3,9.10.3,9.10.4, 11.4.3, 11.4.5, 11.4.7, 12.2.2.1, 5.4:1.1, 11.4.9, 14 13.4.2, 14.2.4, 15.1.6 -Taxes- Waiver of Consequential Damages 3.6,3.8.2.1,7:3.7.4 "?'V . 14.2.4, 15.1.6 Termination by the Contractor Waiver of Liens -_ '14.1, 15.1.6 9.10.2,9.10.4 -_ Termination':by the Owner for Cause Waivers of Subrogation -5.4:1.1,14.2,15.1.6 6.1.1, 11.4.5, 11.3.7 Termination by the Owner for Convenience Warranty 14.4 3.5,4.2.9,9.3.3,9.8.4,9.9.1,9.10.4, 12.2.2, 13.7.1 Termination,of-the Architect Weather Delays 4.1.3 15.1.5.2 ` Teniiirtation of the Contractor Work,Definition of - .14:2.2 .: 1.1.3 TERMINATION OR SUSPENSION OF THE Written Consent CONTRACT 1.5.2,3.4.2,3.7.4,3.12.8,3.14.2,4.1.2,9.3.2,9.8.5, 14 9.9.1,9.10.2,9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2 Tests and Inspections Written Interpretations 4.2.11,4.2.12 MIL Institute Document A201"—2007.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 9 reproduction or distribution of this AlAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the f maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) Written Notice Written Orders 2.3,2.4,3.3.1,3.9,3.12.9,3.12.10,5.2.1,8.2.2,9.7, 1.1.1,2.3,3.9,7,8.2.2, 11.4.9, 12.1, 12.2, 13.5.2, ' 1` °'9.10;,10:2.2, 10.3, 11.1.3, 11.4.6, 12.2.2, 12.2.4, 133, 14.3.1, 15.1.2 14,15:4.1' _ s' f A y y. ; L.,j• S"s•: < - 17(1' ' AIA Document A201^1—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American init. Institute of Architects.NI rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 10 reproduction or distribution of this NA®Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced byAlA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and Is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) ARTICLE 1 GENERAL PROVISIONS § 1.1 BASIC DEFINITIONS § 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents are enumerated in the Agreement between the Owner and Contractor identified on page 1 of -these General Conditions(hereinafter the Agreement)and consist of the Agreement,Conditions of the Contract(these General Conditions and any Supplementary Conditions or other Conditions),Drawings,Specifications,Addenda issued prior to execution of the Contract,other documents listed in the Agreement and Modifications issued after execution of the Contract.A Modification is(1)a written amendment to the Contract signed by both parties,(2)a Change Order,(3)a Construction Change Directive or(4)a written order for a minor change in the Work issued by the Architect.Unless specifically enumerated in the Agreement,the Contract Documents do not include the advertisement - or invitation to bid,Instructions to Bidders,sample forms,other information furnished by the Owner in anticipation of receiving bids or proposals,the Contractor's bid or proposal,or portions of Addenda relating to bidding requirements. § 11.2 THE CONTRACT The Contract Documents fonn'the Contract for Construction.The Contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations,representations or agreements,either written or oral.The Contract may-be;ainended or modified only by a Modification.The Contract Documents shall not be construed to create a contractual relationship of any kind(1)between the Contractor and the Architect or the Architect's consultants,(2)between the Owner and a Subcontractor or a Sub-subcontractor,(3)between the Owner and the Architect or the Architect's consultants or(4)between any persons or entities other than the Owner and the Contractor.-The Architect and the Contractor shall,however,be entitled to performance and enforcement of obligations of the other under the Contract intended to facilitate performance of their respective duties. § 1.1.3,THE WORK The term"Work"arteans the construction and services required of the Contractor 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 and 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 requirements for materials, °equipment,systems,standards and workmanship for the Work,and performance of related services. § 1.1.7 INSTRUMENTS OF SERVICE Instruments of Service are representations,Drawings,Specifications,and other documents,including those in electronic,fora>y_of the tangible creative work performed by the Architect and the Architect's consultants for the Project under their respective professional services agreements.Instruments of Service may include,without limitation,studies,surveys, models,sketches,drawings,specifications,and other similar materials. . § 1.1.8 INITIAL DECISION MAKER The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2. _ § 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 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. !nit AIA Document A201"'—2007.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 11 reproduction or distribution of this AIA®Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AlA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) §.1.2.2 Organization of the Specifications into divisions,sections and articles,and arrangement of Drawings shall not fi•control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. • § 1.2.3 Unless otherwise stated in the Contract Documents,words that have well-lrnown technical or construction . industry meanings are used in the Contract Documents in accordance with such recognized meanings.Dimensions not _;expressly provided in the Contract Documents are to be computed,rather than determined by scale or rule. § 1.3 CAPITALIZATION Terms capitalized in these General Conditions include those that are(1)specifically defined,(2)the titles of numbered articles or(3)the titles of other documents published by the American Institute of Architects,or substitute for those • documents.thatmay be used on the Project,or(4)the titles of or terms defined in the Owner's policies incorporated in _these General Conditions. 11.4 INTERPRETATION'— • In the interest-"ofbrevity the Contract Documents frequently omit modifying words such as"all"and"any"and articles 'such "the"and,"an;"but'thefact that a modifier or an article is absent from one statement and appears in another is not intended toaffect teinterjiretation of either statement • § 1.5 OWNERSHIP AND,USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective =:Instruments of Service;including the Drawings and Specifications,and will retain all common law,statutory and other •reserved rights;including copyrights.The Contractor,Subcontractors,Sub-subcontractors,and material or equipment • 'suppliers shall not own;or Claim a copyright in the Instruments of Service. Submittal or distribution to meet official .regulatory requirement$or for other purposes in connection with this Project is not to be construed as publication in - ,derogation of the Architect's or Architect's consultants'reserved rights. § 1.5.2 The.Contractor,Subcontractors,Sub-subcontractors and material or equipment suppliers are authorized to use • and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work.All copies made under this authorization shall bear the copyright notice,if any,shown on the Instruments of Service.The - • Contractor•,Subcontractors, Sub-subcontractors,and material or equipment suppliers may not use the Instruments of Service on other projects or for additions-io this Project outside the scope of the Work without the specific written consent of the Owner,Architectand tire=Architect's consultants. • 1.6 TRANSMISSION OF DATA IN DIGITAL FORM +. : If the;parties intend to transmit Instruments of Service or any other information or documentation in digital form,they _shall endeavor to establish necessary protocols governing such transmissions,unless otherwise already provided in the ' - Agreement or:the Contract Documents: ARTICLE 2 - -OWNER ' § 2.1 GENERAL s § 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 ifsingularin number.The Owner shall designate in writing a representative who shall have express , authority tobind•the Owner with respect to all matters requiring the Owner's approval or authorization.Except as otherwise provided ift,Section 4.2.1,the Architect does not have such authority.The term"Owner"means the Owner or the Owner'sautho_fized representative. § 2/1.2"Deleted] §2:1:3 No-officer,director,trustee, shareholder,member,manager,partner,representative,employee,or agent of the - Owner shall be personally responsible for any liability arising under this Agreement. § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 Prior to commencement of the Work,the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract Thereafter,the Contractor may only request such evidence if(1)the Owner fails to make payments to the Contractor AlA Document A201' —2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961.1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 12 reproduction or distribution of this AlA®Document,or any portion of h,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced byAIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) as the Contract Documents require;(2)a change in the Work materially"changes the Contract Sum;or(3)the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due.The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. §-2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1,the Owner shall secure and pay for necessary approvals,easements, - - assessments and charges required for construction,use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.2.3 Except to the extent required for execution of the Work and requested by the Contractor in writing,the Owner shall not furnish surveys,studies,or reports regarding physical characteristics,legal limitations and utility locations for the site of the Project,but shall provide 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 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. • §2.2.5 Unless otherwise provided in the Contract Documents,the Owner shall furnish to the Contractor one copy of theContract.Documents for purposes of making reproductions pursuant to Section 1.5.2. §•2.3 OWNER'S::RIGHT TO'STOP THE WORK § 2.3.1 If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 fails to carry out Work in accordance with the Contract Documents,the Owner mayissue a written order-to the Contractor to stop the Work,or any portion thereof,until the cause for such order has -,been eliminated;however,:the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner,to exercise this•right for the benefit of the Contractor or any other person or entity,except to the extent required by Section 6.1.3. § 2.3.2 The Owner's rights stated in this Section 2.3 are in addition to,and not in restriction of the Owner's other rights or remedies,including without limitation Section 14.3. '§'.2:4 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor-defaults or neglects-to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such • default or neglect with diligence.and promptness,the Owner may,without prejudice to other remedies the Owner may have,commence and continue to carry out the Work,'including without limitation the correction of any deficiencies.In •such"casean 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.If payments then or thereafter due the Contractor arenot•sufficient to;cover such amounts,the Contractor shall pay the difference to the Owner.If the Contractor's default'Or neglect results in a hazard to the safety of persons or property,the Owner may immediately commence or continue to carry out any Work necessary to mitigate the hazard without prior notice to the Contractor. • ' §14.1.The Owner's right to carry out the Work in this Section 2.4 shall not give rise to any duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. §_2.5 The Owner may notify the Contractor that it needs to exclude or remove from the Project site any or all employees,agents,suppliers,or representatives of the Contractor or its Subcontractors who threaten the safety of others or.are.disruptive to the Project or the Owner's operations.The Contractor will supply replacement personnel ,promptly after receiving notice of the exclusion or removal.Nothing in this Section requires the Contractor to take any particular employment or contract action with regard to an employee or Subcontractor. • AIA Document A201 7"-2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law and international Treaties.Unauthorized 13 reproduction or distribution of this AlAe Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/3012014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) 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 Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract.The term"Contractor" -means.the Contractor or the Contractor's authorized representative. =.3.1:1.1 The Contractor and each of its Subcontractors must be licensed with the Oregon Construction Contractors Board at the time of solicitation of any work and throughout the entire course of the Work. The Contractor shall maintain all required bonding and insurance required by the State of Oregon throughout the entire course of the Work. • = §1:1.1.2 The Contraco1s applicable to contractors who are owned or controlled by,or act as agents of,the Contractor fo%purposes•of the Project: §-3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 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 Owner or the Architect in the administration of the Contract,or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 34.4 Unless otherwise directed by the Architect,the Contractor shall perform all Work in accordance with product manufactruers'recommendations or directions for best results. No preparatory step or installation procedure may be omitted unless specifically authorized by the Contract Documents or at the direction of the Architect.Conflicts among • . manufacturers'directions or the Contract Documents shall be resolved by the Architect. 74 • ;§ 3:1.5 The Owner represents'and the Contractor acknowledges the Owner's goal of the Project being designed and ,?:constructed so that it is a."green"and sustainable development to the maximum extent practicable,given the nature • !s'and programiof the Project and subject to the Owner's other Project goals.In this regard,the Contractor acknowledges • =:the Ownees specific_goals that the Project,to the maximum extent practicable,will be designed and built so that it - , : could achieve a Leadership in Energy and Environmental Design("LEED")certification from the US Green Building . C•ouncilat the silver certification level,as a minimum.As such,as part of the Work,the Contractor shall reasonably ' ' cooperate and collaborate with the Owner;the Owner's separate Contractors and consultants,and the Architect and its consultants-in furtherance of achievement of the Owner's goals as referenced in this Section. 3:2 REVIEW, OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR '5'3.2.1 Prior to execution of•theAgreement,the Contractor and each Subcontractor evaluated and satisfied themselves =with the conditions and linnitations.under which the Work is to be performed,including,without limitation(i)the location,condition,,layout;And - of the Project site and surrounding areas,(u)generally prevailing climatic conditions"(iii)anticipated labor supply and costs,(iv)availability and cost of materials,tools,and equipment,and (v)_other similar issues:The Contractor shall be solely responsible for providing a safe place for the performance of the Work.The Owner shallitotbe required to make any adjustment in either the Contract Sum or the Contract Time in connection with any•failure•liy the Contractor or any Subcontractor to have complied with the requirements of this 'Section 3.2:1': • - 5 3.2.2 Because'the Contract Documents are complementary,the Contractor shall,before starting each portion of the . 'Work,careftillyituclYand compare the various Contract Documents relative to that portion of the Work,as well as the information furnished by the Owner pursuant to Section 2.2.3,shall take field measurements of any existing - conditions related to that portion of the Work,and shall observe any conditions at the site affecting it.These obligations are'.for the purpose of facilitating coordination and construction by the Contractor and are not for the • purpose of discovering errors,omissions,or inconsistencies in the Contract Documents;however,the Contractor shall promptly report to the Architect any errors,inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Owner or the Architect may require.It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. AIA Document A2017"—2007.Copyright O 1911,1915,1918,1925,1937,1951,1958,1981,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected by US.Copyright Law and International Treaties.Unauthorized 14 reproduction or distribution of this AlAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities,but the Contractor shall promptly report to the Owner or the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. §.3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall make Claims as provided in Article 15.If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3,the Contractor shall pay such costs and damages to the Owner as would have been avoided if - the Contractor had performed such obligations.If the Contractor performs those obligations,the Contractor shall not be liable to the.Owner or Architect for damages resulting from errors,inconsistencies or omissions in the Contract -Documents, for.differences between field measurements or conditions and the Contract Documents,or for nonconformities of the-Contract Documents to applicable laws, statutes,ordinances,codes,rules and regulations,and lawful ordersof public=authorities. § 3.2.5 Unless otherwise specified in the Contract Documents,the Contractor shall confirm the location of each utility, shall excavate and dispose of each on-site utility.The Owner has made available to the Contractor,and the Contractor has studied,the results of such test borings and information that the Owner has concerning subsurface conditions and site xeology.At the Owner's request,the Contractor will make available to the Owner the results of any other site investigation ,analyses,studies,or other tests conducted by or that are in possession of the Contractor or any of its agents.The Contractor shall exercise special care in executing subsurface work in proximity of known subsurface utilities,improvements,and easements. § 3.2.6 The Contractor.has`(a)become familiar with the Project site and reviewed all analyses,studies,and test data - available to the Contractor concerning the conditions of the Project site,(b)inspected the location of the Work and satisfied itself with condition thereof including all structural,surface,and observed subsurface conditions,and (c)determiied.(i)that.the Contract Sum is just and reasonable compensation for all the Work,(ii)that the Contract Time issadequate for the performance of the Work,and(iii)that the means and methods of performing the Work will not-rest ltin,any lateral:or_vertical movement of any adjacent structure.The Contractor will notify the Owner in writing in advance of commencement of the Work if it determines that it cannot satisfy these conditions. .§ 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES • - •§ 3.3.1 The Contractor shall supervise and direct the Work,using the Contractor's best skill and attention.The Contractor shall be solely responsible for,and have control over,all construction means,methods,techniques, sequences-anddprocedures 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 constructionmeans,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 Owner or the Architect:If the Contractor is then instructed to proceed with the required means,methods,techniques, sequences or procedures without acceptance of changes proposed by the Contractor,the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means,methods,techniques,sequences or procedures.' - § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees,and other persons or entities performing portions of the Work for,or • 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 al-eh-portions are•in proper condition to receive subsequent Work. • § 3.3.4 The Contractor must notify the Owner at least ten(10)days prior to the interruption of any utility or operating system,regardless of the area it services.The specific schedule for all interruptions in services must be coordinated through the Owner's Representative. ink AIA Document A201 TM—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 15 reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced byAlA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and Is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 • (1635219833) • § 3.3.5 The Contractor and its Subcontractors may not use the Owner's tools,equipment,or materials unless authorized in advance by the Owner's Representative. • -§ 3.3:6"If the Contractor reasonably believes that suspension of the Work is warranted by reason of unforeseen _ :circumstances that could adversely affect the quality of the Work if the-Work were continued,the Contractor shall -.immediately notify the Owner and the Architect and describe with particularity the reasons therefor.Except as stated ;'elsewhere in the Contract Documents or in an emergency,the Contractor shall not suspend the Work until it receives • approval from the Owner. § 33.7 It is understood and agreed that the relationship of Contractor to Owner shall be that of an independent contractor under ORS 670.600.Nothing contained in this Agreement or inferable from this Agreement shall be deemed or construed to:(1)make Contractor the agent,servant,or employee of the Owner,or(2)create any partnership;joint venture,or other association between Owner and Contractor.Any direction or instruction by Owner or any of its authorized representatives in respect to the Work shall relate to the results the Owner desires to obtain from the-Wok,and shall in no way affect Contractor's independent contractor status. - §3.4 LABOR AND MATERIALS §3.4.1 Unless otherwise'provided in the Contract Documents,the Contractor shall provide and pay for all 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 ornot incorporated or to be incorporated in the Work. ,§3:4.2 Except in the'case:of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8 or 7.4,the Contractor may make substitutions only with the prior written consent of the Owner,after evaluation by the Architect and m-aecordance with a Change Order or Construction Change Directive. .§ 343 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work The Contractor shall not permit employment of unfit persons or persons not properly skilled:in.tasks assignedto,them.It is the Contractor's responsibility to hire all personnel for the proper and diligent s: . prosecution of'the Work,and the Contractor shall maintain labor peace for the duration of the Project.In the event of a labor:dispute,the Contractor shall not be entitled to any increase in the Contract Sum. Including,.but not-limited mane specific requirements of Section 10.1.1,Contractor,its Subcontractors,and vendors shall-bear responsibilityfor compliance with all federal and state laws,regulations,guidelines,and ordinances pertaining uto•worker safety and-applicable to the Work.Contractor further recognizes that the Owner and Architect do ti y- . not-owe the Contractor-any duty to supervise or direct Contractor's work so as to protect the Contractor from the consequences of Contractor''s own conduct. . T. § 3.5WARRANTY (Paragraph deleted) §35.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and:new unless the Contract Documents require or permit otherwise.The Contractor further warrants that the Work will;conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit.Work,materials,or equipment not conforming to these requirements may be considered defective.The Contractor's warranty excludes :remedy for damage-or defect caused by abuse,alterations to the Work not executed by the Contractor,improper or insufficient maintenance,improper operation,or normal wear and tear and normal usage.If required by the Architect or the Owner,the Contractor shall furnish satisfactory evidence about the kind and quality of materials and equipment. .§ 3.5.2 It after-10 days' notice,the Contractor fails to proceed to cure any breach of this warranty,the Owner may have the defects corrected and the Contractor and its surety,if any,shall be liable for all expense incurred.In case of an emergency where,in the opinion of the Owner or the Architect,delay would cause serious loss or damage,if any, corrective work may be undertaken without advance notice to the Contractor,but the Contractor and its surety shall remain liable for all expenses incurred.The remedies stated in this Section 3.5 are not exclusive,but are cumulative of any other remedies the Owner may have. AIA Document A201^'—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized• 16 reproduction or distribution of this AIA®Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AM software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and Is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) § 3.5.3 Third-Party Warranties. .1 The Contractor shall obtain from Subcontractors,manufacturers,and suppliers guarantees and warranties according to the Contract Documents with the optimum terms and longest periods reasonably obtainable.The documentation must also include all maintenance and operational documentation required to sustain said warranties. • _ .2 All guarantees or warranties of materials furnished to the Contractor or Subcontractor by any manufacturer or supplier shall be deemed to run for the benefit of the Owner. .3 All documents,warranties,record drawings,and other deliverables as required by Sections 3.11.1 and 3.11.4 and the Contract Documents. .4 As a_condition of Substantial Completion of the Project by the Owner,the Contractor shall deliver to the Cywner.via the Architect three(3)bound volumes of all guarantees and warranties on material •furnished,by all manufacturers and suppliers to the Contractor and all its Subcontractors,with duly executed insti iments properly assigning the guarantees and warranties to the Owner.The guarantees and warranties in each bound volume shall be grouped together by trade and properly indexed.The Contractor..shaliassign to the Owner,and shall deliver to the Owner,all manufacturers'warranties not later than the date of Substantial Completion. § 3.5:4-The-Contractor shall and does hereby assign to the Owner the benefits of all warranties and guarantees of all Subcontractors,but,such.assignment shall not relieve the Contractor of its warranty obligations to the Owner under This Agreement and other,.Contract Documents. §3.6:TAXES The Contractor shall pay all necessary local,county,and state taxes,income tax,compensation tax,social security, and.withholding payments as required by law. Contractor hereby RELEASES,INDEMNIFIES,AND HOLDS •- ;::HARMLESS Owner from any-and all claims and demands made as a result of the failure of Contractor or any 'Subcontractor to comply with the provisions of any or all such laws and regulations.• §:3:TPERMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS - § 3.7:1 The Owner will be responsible for..filing and paying for building permits and all fees associated with the • building-permit,•system developmentblarges,impact fees,etc.The Contractor will be responsible for picking up all • _..Project permits,and will have full responsibility for requirements of and payments for all trade permits(i.e.,electrical, ' 'plumbing mechanical). . 3.7.2 The Contractor shall,comply with and give notices required by applicable laws,statutes,ordinances,codes, rules andregulations,and lawful orders of public authorities applicable to performance of the Work. 31.3 If the Contractor performs Work lmowing it to be contrary to applicable laws,statutes,ordinances,codes,rules _and regulations,or lawful orders of public authorities,the Contractor shall assume appropriate responsibility for such Work and shall bear the costs_attributable to correction. § 3:7.4 Concealed or Unknown Conditions.If the Contractor encounters conditions at the site that are(1)subsurface • or.otherwise,concealed physical conditions that differ materially from those indicated in the Contract Documents or (2)unlmown plysical conditions of an unusual nature,that differ materially from those ordinarily found to exist and generally recognized-as inherent in construction activities of the character provided for in the Contract Documents,the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no = eventlatemthan.21 days after first observance of the conditions.The Architect will promptly investigate such conditions and,if the Architect determines that they differ materially and cause an increase or decrease in the Contractor's cost.of,or time required for,performance of any part of the Work,will recommend an equitable - _ _ ,adjustment:in.the Contract Sum or Contract Time or both.If the Architect determines that the conditions at the site are _ - •- notmaterially;different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified,the Architect shall promptly notify the Owner and Contractor in writing,stating the reasons.If either party disputes the Architect's determination or recommendation,that party may proceed as provided in Article 15. • AIA Document A201"'—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized .17 reproduction or distribution of this AlAe Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AlA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) § 3.7.5 It in the course of the Work,the Contractor encounters human remains or recognizes the existence of burial markers,archaeological sites or wetlands not indicated in the Contract Documents,the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect.For the purposes of these •Contract''Documents,the term"wetland"includes wetlands and water bodies subject to the federal Clean Water Act and:parallel state and local rules,statutes,and regulations.Upon receipt of such notice,the Owner shall promptly take - any action necessary to obtain governmental authorization required to resume the operations.The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features.Requests for adjustments in the Contract Sum and Contract - Time arising from the,existence of such remains or features may be made as provided in Article 15. r9, §3:8 ALLOWANCES i § 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 shalinot be required to employ persons or entities to whom the Contractor has reasonable objection. • • '';§ 312;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 r -� :, required.taxes,less applicable trade discounts; Contractor's costs for unloading and handling at the site,labor,installation costs,overhead,profit and other expenses'contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances;and • .3 whenever_costs'are more than or less than allowances,the Contract Sum shall be adjusted accordingly by Change Order:;-The amount of the Change Order shall reflect(1)the difference between actual costs r.and the.aliowances under Section 3.8.2.1 and(2)changes in Contractor's costs under Section 3.8.2.2. § 3:8:3 Materials and equipment under an allowance shall be selected by the Owner in sufficient time to avoid delay in a the`Work .• §:-.3:9 SUPERINTENDENT . 3.9.1}The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at theProject site during-performance of the Work.The Contractor also will employ a competent Project manager to ' oversee,perforniance of,the Work. The Project Manager and the superintendent shall represent the Contractor,and _communications given_to the Project Manager or superintendent shall be as binding as if given to the Contractor. '§ 3.92_The Contractor,as soon'as practicable after award of the Contract,shall furnish in writing to the Owner through the Architect the name and qualifications of a proposed superintendent.The Architect or Owner may reply within 14 days to the Contractor iiiwriting stating(1)whether the Owner or the Architect has reasonable objection to the proposed superintendei t,or(2)that the Architect requires additional time to review.Failure of the Architect or Owner to reply within the'14,dayperiod shall constitute notice of no reasonable objection.The Contractor shall not • • employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. § 3.9.3 The Contractor's Project Manager,superintendent,and assistants(and any persons nominated to replace them) must be satisfactory to the Owner'-and the Owner may require the removal and replacement of any or all of them upon :10 days'notice to the Contractor. So long as they remain employed by the Contractor,the Contractor may not otherwise remove or replace the project manager,superintendent,or assistants,or cause them to leave the Project for -.tiny reason;"including without limitation to work on other projects or take extended vacation s,without 45 days' s, advance written notice'to and the prior consent of the Owner.The Owner shall be consulted by the Contractor with respect to replacement personnel pursuant to the requirements of(new)3.9.2. . - § 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES § 3:,10.1 The Contractor,promptly after being awarded the Contract,shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work.The schedule shall not exceed time limits current under the Contract Documents,shall be revised at appropriate intervals as required by the conditions of the Work and Project,shall be related to the entire Project to the extent required by the Contract Documents,and shall provide for expeditious and practicable execution of the Work. • AIA Document A2017"—2007.Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American lnft Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 18 reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible underthe law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12:rev.3-26-13 (1635219833) § 3.10.2 The Contractor shall prepare a submittal schedule,promptly after being awarded the Contract and thereafter ' as necessary to maintain a current submittal schedule,and shall submit the schedule(s)for the Architect's approval. The Architect's approval shall not unreasonably be delayed or withheld.The submittal schedule shall(1)be coordinated with the Contractor's construction schedule,and(2)allow the Architect reasonable time to review stibniittals.If the Contractor fails to submit a submittal schedule,the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. ,I §.3.10.3 The Contractor shall perform the Work in accordance with the most recent schedules submitted to the Owner and Architect. § 3.11 DOCUMENTS AND SAMPLES AT THE SITE § 3.11.1 TheContractor shall maintain at the site for the Owner one record as-built 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 as-build documents shall incorporate all changes and substitutions to the Work,including without limitation changes or substitutions arising from change orders,construction change , ,'directives,and details clarified by requests for information,supplemental instructions or approved shop drawings.The :Contractor's as-built documentation shall be available to the Architect and the Owner during the course of the Project. § 3.11.2 The Contractor shall maintain all approved permit drawings in a manner that will make them accessible at the Project siteto'goverhrnental'inspectors and other authorized agencies.All approved drawings shall be wrapped, • marked,and delivered-to the Owner within 60 days of Substantial Completion. § 3.11.3The Contractor tractor must continuously maintain at the Project site all material safety data sheets, safety records, - dailytlogs,:and other Contract documentation necessary to immediately ascertain the safety of the Work and to establish compliance With life-safety policies,hazardous materials requirements,and the Contract Documents. § 3.11.4 The Contractor,,with its Subcontractors,will prepare draft record Contract Documents,showing all as-built . conditions as required under Section 3.11.1 and the Owner's close-out policies and procedures(incorporated by - i reference in Section 1.7.1),and submit them to Architect for review. Based on Architect's review and comments,if - any,.andpursuant to the Owner's close-out policies and procedures,Contractor will prepare and deliver to Owner within 60 days of Substantial Completion,final,accurate,and complete record Contract Documents,including without limitation record Drawings and Specifications,showing the exact"as-built"conditions 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 :Contra'ctor or-a Subcontractor,Sub-subcontractor,manufacturer,supplier or distributor to illustrate some portion of the Work. ' . = §..312.2 Product Data are illustrations,standard schedules,performance charts,instructions,brochures,diagrams and . other information fu nished'by the Contractor to illustrate materials or.equipment for some portion of the Work. - - § 3.12.3 Samples are physical examples that illustrate materials,equipment or workmanship and establish standards by which the-Work will be judged. . -§-3.12.4 Shop-Drawings,Product Data,Samples and similar submittals are not Contract Documents.Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require ,,submittals.Review by the Architect is subject to the limitations of Section 4.2.7.Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents.Submittals that are not required`by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents,approve and submit to the Architect Shop Drawings,Product Data,Samples and similar submittals required by the Contract Documents in accordance with the submittal schedule approved by the Architect or,in the absence of an approved submittal MA Document A201"'—2007.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 19 reproduction or distribution of this AIAe Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the / maximum extent possible under the law.This document was produced byAIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and Is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) schedule,with reasonable promptness and in such sequence in order to cause no delay in the Work or in the activities of the Owner or of separate contractors. §3.12:6 By submitting Shop Drawings,Product Data,Samples and similar submittals,the Contractor represents to the ' , Owner':and Architect that the Contractor has(1)reviewed and approved them,(2)determined and verified materials, . ,field measurements and field construction criteria related thereto,or will do so and(3)checked and coordinated the `information contained within such submittals with the requirements of the Work and of the Contract Documents. § 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 shallbe 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 Diawings,,Product Data Samples or similar submittals unless the Contractor has specifically informed the Architect .in•writing ofsuch"lleviationat the time of submittal and(1)the Architect has given written approval to the specific deviation-as a minor changetin the Work,or(2)a Change Order or Construction Change Directive has been issued :authorizing the leviation 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. §1.12:19 TheContractor shall not be required to provide professional services that constitute the practice of architecture,or-engineering Unless such services are specifically required by the Contract Documents for a portion of the Work;or.'unless-,the'Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction-Means,methods,techniques,sequences and procedures.The Contractor shall not be required to - provide professional'services in violation of applicable law.If professional design services or certifications by a design professional"related to systems,materials or equipment are specifically required of the Contractor by the Contract Documents,the Owner and the Architect will specify all performance and design criteria that such services must satisfy.,The Contractor shall cause such services or certifications to be provided by a properly licensed design professional,whose-Signature and seal shall appear on all drawings,calculations,specifications,certifications,Shop Drawings!and other submittals prepared by such professional.Shop Drawings and other submittals related to the Work -- -"-=designed..or,certified by such professional,if prepared by others,shall bear such professional's written approval when ' r4f.Stibmitted to the.Architect:The Owner and the Architect shall be entitled to rely upon the adequacy,accuracy and `completeness of the services,certifications and approvals performed or provided by such design professionals, `provided the Owner and Architect have specified to the Contractor all performance and design criteria that such It.- services must satisfy,Pursuant to this:Section 3.12.10,the Architect will review,approve or take other appropriate "action on submittals only for t ie-liinited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents. , ,irl 3.13 USE OF SITE - - A 3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws,statutes,ordinances, "codes,rules and.regulations,and lawful orders of public authorities and the Contract Documents and shall not ^Uinreasonably encumberthe site with materials or equipment. • -§.3.13.2 Prior_to;commencement of the Work,the Contractor shall review the Project site with the Owner in detail and identify the area of the Work,staging areas,connections or interfaces with existing structures and operations,and - restrictions on the Project site area.The Contractor will ensure that all forces on the Project site are instructed about the - acceptable working and staging areas and restrictions on use of the site.The Contractor,with advance consent of the ._ Owner,will erect such barriers,signage,and devices as are necessary to restrict access to the Project site to approved personnel and to prevent unauthorized access by construction personnel to non-Work areas. Init. AIA Document A2011"—2007:Copyright O 1911,1915,1918,1 925.1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 20 reproduction or distribution of this AlAe Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the / maximum extent possible under the law.This document was produced by AlA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26.13 (1635219833) § 3.13.3 The Contractor and its Subcontractors shall receive prior approval from the Owner before delivering or storing any materials or tools on the Owner's premises.Upon approval,materials and tools will be stored so that they do not hamper the operation of equipment or persons and do not present a fire or safety hazard. §.3.13:4:Contractor and its Subcontractors shall not erect on the Project site any signage intended to advertise or promote their business without the prior written consent of the Owner. §-3.13.5 If the Contractor removes the Owner's property,fixtures,materials,or other equipment to perform the Work, the Contractor shall be responsible for the safekeeping of all such property,fixtures,materials,or other equipment • including without limitation assuring that such items are not lost,damaged,destroyed, and are upon the Owner's directive are either returned to their original location,reinstalled,replaced,or repaired as necessary. § 3.13.6 When all or a portion of the Work is suspended fore any reason,the Contractor shall securely fasten down all coverings and protect the Work,as necessary, from damage by any cause. • ;.§ 3.14 CUTTING AND PATCHING §: manufacturers is required by the Contract Documents,or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect.However,if the Contractor has reason to : .believe that the required design,process or product is an infringement of a copyright or a patent,the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. •§ 3.18 INDEMNIFICATION § 318:1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner,Architect, '.Architect's consultants,and agents and employees of any of them from and against claims,damages,losses and - ; expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work, - ,'provided that such claim,damage,loss or expense is attributable to bodily injury,sickness,disease or death,or to • •;injury to or;destruction of-tangible property(other than the Work itself),but only to the extent caused by the negligent ` .-:acts or omissions of the Contractor,a Subcontractor,anyone directly or indirectly employed by them or anyone for `whose acts'they:may beLliable,regardless of whether or not such claim,damage,loss or expense is caused in part by a _; party indemnified her eunder,.Such obligation shall not be construed to negate,abridge,or reduce other rights or obligations of indemmtjwhi'ch would otherwise exist as to a party or person described in this Section 3.18. • §."3.18.2'In.clainis againstapy person or entity indemnified under this Section 3.18 by an employee of the Contractor, • a'-Subcontractor,.anyone,directly or indirectly employed by them or anyone for whose acts they may be liable,the - - -indemnification obligation-under Section 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. p�r,' �'•ir 1v 318.3-Norandemnificatio or insurance provided by the Contractor under this Section 3.18 will be required to 'irndemnify,the Owner ployees or agents to the extent of liability for death or bodily injury to persons or damage..to property causedin,whole or in part by their own negligence,but will require indemnity to the extent of the ;<fault of.the,Contractor orathose entities or persons for whom the Contractor is responsible. ARTICLE 4: ARCHITECT `'§ 41'GENERAL (§ 4.1.1 The'Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing ?'architecture in the.jurisdiction where the Project is located.That person or entity is identified as the Architect in the Agreement and isreferred.to throughout the Contract Documents as if singular in number. §-4-1 26Duties,_responsibilities and.limitations of authority of the Architect as set forth in the Contract Documents shall not be:restricted;.modified or eictended without written consent of the Owner,Contractor and Architect.Consent shall _ . iiot.be.unreasonably,withheld - s r ; § 4.1;3)1• the.employment of tlie-Architect is terminated,the Owner shall employ a successor architect with whom the • Contract has-no reasonable objection'and whose status under the Contract Documents shall be that of the Architect. § 4.2ADMINISTRATION :OF-THE CONTRACT § 44:1 The Architect will provide administration of the Contract as described in the Contract Documents and will be ti an Owner's representative during construction until the date the Architect issues the final Certificate For Payment.The '..1.Architect will lave'authority to act on behalf of the Owner only to the extent provided in the Contract Documents. - - '§ 4.2.2 The Aieliitect,will visit the site at intervals appropriate to the stage of construction,or as otherwise agreed with the Owner,(1)to become familiar with the progress and quality of the portion of the Work completed,(2)to guard the -. -Owner.against.defects and deficiencies in the Work,and(3)to determine 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 not have control over,charge of,or responsibility for,the construction means,methods, ;_techniques,sequences or procedures,or for the safety precautions and programs in connection with the Work,since these are solely the Contractor's rights and responsibilities under the Contract Documents,except as provided in Section 3.3.1. . AIA Document A201774—2007.Copyright el 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 22 reproduction or distribution of this AlA®Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and Is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) § 4.2.3 On the basis of the site visits,the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,and report to the Owner(1)deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor,and(2)defects and deficiencies in the Work. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor,Subcontractors,or their agents or employees,or any other persons or entities performing portions of the Work. §-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.All communications involving a change inithe cost of the Work must be copied to 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 has authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect will have authority to require inspection or testing of the Work in.accordance with Sections 13.5.2 and 13.5.3,whether or not such Work is fabricated,installed or completed. . However,neither this:authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility 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. I ' I 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 in accordance with the submittal schedule approved by the Architect or,in the absence of an approved submittal - ' -schedule,in a manner not to cause delay in the Work 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 requiredby the Contract Documents.The Architect's review of the Contractor's submittals shall not relieve the Contractor of obligations under Sections 3.3,3.5 and 3.12.The Architect's review shall not constitute approval of safety precautions or,unless otherwise specifically stated by the Architect,of any construction means,methods, techniques, sequences or procedures:The Architect's approval of a specific item shall not indicate approval of an assembly..of:which the item is a component. 1-4.2.8 The Architect will prepare Change Orders and Construction Change Directives,and may authorize minor changes in the Work as,provided in Section 7.4.The Architect will investigate and make determinations and recommendations regarding'concealed and unknown conditions as provided in Section 3.7.4. '§ 4.2.9 TheArchitect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion;issue Certificates of Substantial Completion pursuant to Section 9.8;receive and forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10;and issue a final Certificate for Payment pursuant to Section 9.10. § 4:2.10 If the Owner and Architect agree,the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site.The duties,responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. § 4.2.11 The Architect will interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of either the Owner or Contractor.The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. AIA Document A201 T"—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Ink. Institute of Architects.All rights reserved.WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 23 reproduction or distribution of this AIA®Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 1829:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) .§ 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 decisions,the Architect will endeavor to secure faithful performance by both Owner and Contractor,will not show partiality'to either and will not be liable for results of interpretations or decisions rendered in good faith. - ' 1-'4.2.13[Deleted] §-4.2.14 The Architect will review and respond to requests for information about the Contract Documents.The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise in a manner not to cause delay in the Work.If appropriate,the Architect will prepare and issue supplemental Drawings and • ? Specifications in response to the requests for information. ARTICLE'S •SUBCONTRACTORS • § 5.1 DEFINITIONS. § 5.1.1 ASubcontractoris aperson or entity who has a direct contract with the Contractor to perform a portion of the Work at the site.` ite tend"Subcontractor"is referred to throughout the Contract Documents as if singular in number and means a Subcontractor organ authorized representative of the Subcontractor.The term"Subcontractor"does not include a separate eontractoror subcontractors of a separate contractor. • § 5.12 A Subsubcontraeior is aperson or entity who has a direct or indirect contract with a Subcontractor to perform a portion.of tfie'Workat"the site.The term"Sub-subcontractor"is referred to throughout the Contract Documents as if singularn number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. §.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 pnncipal'portion of the Work.The Owner or the Architect may reply within 14 days to the Contractor in writingstating(1)whether the Owner or the Architect has reasonable objection to any such proposed person or entity =.or(2)that the Architectrequires additional time for review.Failure of the Owner or Architect to reply within the 14 day period sliall'.constitute notice of no reasonable objection.Failure of the Owner to object to a Subcontractor does not imply-approval ofspecific products or materials. 0.2:2 2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and-firmly objection.The Contractor shall not be required to contract with anyone to whom the Contractor -has-made reasonable objection. 5.2.34f 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 o'f,the substitute Subcontractor's Work.However,no increase in the Contract Sum or Contract-Time1:shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting iiaaies:as_required. § 5:2.4 The Contractor.shall not substitute a Subcontractor,person or entity previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 SUBCONTRACTUAL RELATIONS § 5:3:1 By-appropriate written agreement,the Contractor shall require each Subcontractor,to the extent of the Work to be performed by the Subcontractor,to be bound to the Contractor by terms of the Contract Documents,and to assume - toward the Contractor all the obligations and responsibilities,including the responsibility for safety of the . Subcontractor's Work,which the Contractor,by these Documents,assumes toward the Owner and Architect.Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights,and shall allow to the Subcontractor,unless specifically provided otherwise in the subcontract agreement,the . AIA Document A201' —2007.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected by U.S.Copyright Law and international Treaties.Unauthorized 24 reproduction or distribution of this Ale Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by MA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) benefit of all rights,remedies and redress against the Contractor that the Contractor,by the Contract Documents,has against the Owner.Where appropriate,the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors.The Contractor shall make available to each proposed Subcontractor,prior to the execution of the subcontract agreement,copies of the Contract Documents to which the Subcontractor will be bound, and,upon written request of the Subcontractor,identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents.Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors.\ § 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS § 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 Section 14.2 or stoppage of the Work by the Owner pursuant to Section 2.3.1,and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in vvriting;_and :::2 assignment is subject to the prior rights of the surety,if any,obligated under bond relating to the -Contract. • When the Owner accepts the assignment of a subcontract agreement,the Owner assumes the Contractor's rights and obligations under the subcontract. § 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. • §:;5:4.3 Upon such;assignmentrto the Owner under this Section 5.4,the Owner may further assign the subcontract to a successor contractor oi.other entity.If the Owner assigns the subcontract to a successor contractor or other entity,the Owner shall nevertheless-rem ain legally responsible for all of the successor contractor's obligations under the subcontract. ARTICLE-.6 .CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS -.;§6.1.OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS §: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 m connection with other portions of the Project or other construction or • operations on the-site.If the Contractor claims that delay or additional cost is involved because of such action by the Owner,the Contractor shall make such Claim as provided in Article 15. • §.6.1.2 When-separate contracts are awarded for different portions of the Project or other construction or operations on theasite,the term"Contractor".in the Contract Documents in each case shall mean the Contractor who executes each . .useparateOwner-Contractor Agreement. •§ 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate :contractor with the Work of the Contractor,who shall cooperate with them.The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules.The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement.The construction schedules ;sha11 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 that apply to the Contractor under the Conditions of the Contract,including,without excluding others,those stated in Article 3,this Article 6 and Articles 10, 11 and 12. § 6:2MUT•UAL:;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. AIA Document A201"'—2007.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 25 reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 1 maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624 1 which expires on 01/30/2014,and Is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) § 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 and the Owner apparent discrepancies or defects in such other construction that would render it .. uiisiutable for such proper execution and results.Failure of the Contractor to so report shall constitute an - acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to teceive the Contractor's Work,except for defects not then reasonably discoverable. J. §:6.2:3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor - ,- _• •ecause of the Contractor's delays,improperly timed activities or defective construction.The Owner shall be .F responsible td the Contractor for costs the Contractor incurs because of a separate contractor's delays,improperly : timed activities,damage to the Work or defective construction.All construction costs resulting from Contractor's negligence,`lack•of oversight,inattention to detail,failure to investigate or failure to follow the Construction Documents.or,Contract:Documents will be borne by the Contractor. , §:624 The-Contractor shall;promptly remedy damage the Contractor causes to completed or partially completed canstructign:or to,•property'of the Owner,separate contractors as provided in Section 10.2.5.If a separate contractor initiates legakor'tany other proceedings against the Owner on account of any damage alleged to have been caused by , the Contractor ghe'Owne&Shall notify the Contractor,who shall defend such proceedings and indemnify the Owner ' against any judgment or-award,including without limitation costs and attorney fees. § 62.5 The-Owner and�each separate contractor shall have the same responsibilities for cutting and patching as are 'described for-the Contractor:in°Seection 3.14. §Y6.3 OWNER{S'RIGHT TO CLEAN UP . Ifa dispute arises among Contractor,separate contractors and the Owner about the responsibility under their respective contracts for.maintaining the premises and surrounding area free from waste materials and rubbish,the • Owner maycclean;up and the Architect will allocate the cost among those responsible. ARTICLE:7: ' CHANGES:IN THE WORK _, _ .;§y71'GENERAL y • ' §-.,'.7.1:1 Changes,in the Work may be accomplished after execution of the Contract,and without invalidating the • Contract,bylChange Order,-or Construction Change Directive,subject to the limitations stated in this Article 7 and • _ elsewhere in;the.Conti act=Documents. : _ •§-7.1:2AChaage Order shall be based upon agreement among the Owner,Contractor and Architect;a Construction Change Directive 'requires-agreement by the Owner and Architect and may or may not be agreed to by the Contractor. I § 71-� hanges in the;Workkshall:be performed under applicable provisions of the Contract Documents,and the 4;-Contractor shall proceed promptly,unless otherwise provided in the Change Order or Construction Change Directive. § 72CHANGE ORDERS § 721 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 lbe change in the Work; - ., ;; .2 ''- Tlie'imOunt of the adjustment,if any,in the Contract Sum;and _, .3 The extent of the adjustment,if any,in the Contract Time. §:7:2-.2Beforeapproval of a Change Order and upon request of the Architect or the Owner,the Contractor will ' : produce copies of all bids or other proposals,including those from Subcontractors and Sub-subcontractors,related to the work:proposed to be performed pursuant to the Change Order. § 7.2.3 Agreement on any Change Order shall constitute a final settlement of all matters relating to the changes in the Work that is the subject of the Change Order,including without limitation all direct and indirect costs associated with such change and any and all adjustments to the Contract Sum and the construction schedule. AIA Document A201"'—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 26 reproduction or distribution of this AlA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the / maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) § 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 may 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 oneuf•the following methods: .1• .Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unitprices stated in the Contract Documents or subsequently agreed upon; .3 Costtohbe determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or - .4 As providedin Section 7.3.7. §7.3A 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. -§'7.3:5 Upon receipt of Construction Change Directive,the Contractor shall promptly proceed with the change in the Workinvolved and advise the Architect and Owner of the Contractor's agreement or disagreement with the method,if any,;prbvided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.6 A-Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment.in Contract Sum and Contract Time or the method for determining them. Such agreement shall - be effective immediately and shall be recorded as a Change Order. § 7:3.71f-the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect_shall determine the-Method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work:attributable to the change,including,in case of an increase in the Contract Sum,an amount for overhead andprofit as defined in Section 7.5 of the Agreement,or if no such amount is set forth in the Agreement, -. a reasonable amount.In such-case,and also under Section 7.3.3.3,the Contractor shall keep and present,in such form as-the:Architect may prescribe,aneitemized accounting together with appropriate supporting data.Unless otherwise provided in the Contract Documents,costs for the purposes of this Section 7.3.7 shall be limited to the following: -. .1 Costs of labor;iincluding social security,old age and unemployment insurance,fringe benefits required by agreement or custom,and workers' compensation insurance; .2 Costs of materials,supplies and equipment,including cost of transportation,whether incorporated or - - consumed; :3 - Rental costs of machinery and equipment,exclusive of hand tools,whether rented from the Contractor =` or-others; .4 permit fees,taxes,and increased costs of bonds and insurance(if such increases are necessitated by the Construction Change Directive related to the Work;and .5 Additional costs of supervision and field office personnel directly attributable to the change. :7•.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease.in_the Contract Sum shall be actual net cost as confirmed by the Architect.When both additions and credits • covering related Work or substitutions are involved in a change,the allowance for overhead and profit shall be figured on the basis of net increase,if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner,the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment.The AIA Document A201".—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 27 reproduction or distribution of this AlAe Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced byAlA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines,in the Architect's professional judgment,to be reasonably justified.The Architect's interim determination of cost shall adjust the Contract Sum on the same basis as •-a Change Order,subject to the right of either party to disagree and assert a Claim in accordance with Article 15. §-7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time,or otherwise reach agreement upon the adjustments,such _ agreement shall be effective immediately and the Architect will prepare a Change Order.Change Orders may be issued for all or any part of a Construction Change Directive. ( 4 §,7.4 MINOR,CHANGES IN.THE WORK ;jy.Ttie Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or ' extension of the Contract-Time and not inconsistent with the intent of the Contract Documents.Such changes will be effected by written order signed by the Architect and•shall be binding on the Owner and Contractor. •§.7.5 AGREED OVERHEAD AND PROFIT RATES § 7.5.1•For any adjust Tents to-the Contract Sum that are based on other than the unit prices method,the Contractor 'agrees-to charge,,'and°accept;-aspayment for overhead and profit,the following percentages of costs attributable to the change in the Work percent 0.0%)for Work by the Contractor not involving Subcontractors; •- .2?' „Five percent(5%)'for the Contractor for Work performed by Subcontractors; r .3. When botlii additions and credits are involved in any one change,the allowance for overhead and profit sha •be.figUred on the basis of the net increase,if any; .4 For additional Work ordered as described above that will be executed by Subcontractors, it is agreed tat thewSibcontractors will be permitted to charge ten percent (10%) for work not involving the _ Subsubconiractors and five percent(5%)for Work by Sub-subcontractors. S : Overhead,,as 'used in this section, shall include all home office and site expenses not directly .attributable toithe change. § 7.5.2 Overtime,when:specifically authorized by the Owner and not as an Extraordinary Measure,shall be paid for by the Owner on the basis-ofpremium payment only,plus the cost of insurance and taxes based on the premium payment _.period.Theownerwill not:pay overhead.and profit for overtime. •- ARTICLEt 8= TIME 8.1`DERNITIONS Unless otherwise proVided,Contract Time is the period of time,including authorized adjustments,allotted in : - the Contract Documents for.Substantial Completion of the Work. § 8.1.2.The date of commencement of the Work is the date established in the Agreement. § 8:13 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. - § 81'4- The term"day"as used'in the Contract Documents shall mean calendar day unless otherwise specifically• defined. • § 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. §•_82:2'The-Contractor shall not knowingly,except by agreement or instruction of the Owner in writing,prematurely -..xommence.operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be :furnisli'ed by the Contractor and Owner.The date of commencement of the Work shall not be changed by the effective date-of sucly insurance. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 'nit AIA Document A201 T"—2007.Copyright @ 1911,1915,1918,1®25, 1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 28 reproduction or distribution of this AlAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced byAlA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) § 8.3 DELAYS AND EXTENSIONS OF TIME § 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act of negligence of the Owner or the Architect,or of an employee of either involved in the Project,or of a separate contractor employed by the Owner,or by changes ordered in the Work,or by occurrences beyond the control and without the fault or negligence of the Contractor or its Subcontractors and that by the exercise of reasonable diligence the Contractor is unable to prevent or provide against,including industry-wide labor disputes,fire,unusual and extended delays in deliveries,unavoidable casualties,adverse weather conditions not reasonably anticipated,or other occurrences that the Owner determines may justify delay,then the Contractor may obtain an extension of the Contract Time only upon satisfying the prerequisite conditions of(a)compliance with Subparagraph 15.1.3 of the General Conditions and(b)presentation to the Owner and the Architect of written notice of the request for an extension of the Contract Time as provided in Subparagraph 15.1.5.1.The ContractTime may under these circumstances be adjusted by Change Order for the additional time actually and directly caused by the unforeseen occurrence.The extension will be net of any delays caused by or due to the fault or negligence of the Contractor and will also be net of any contingency or"float"time allowance included in the Project Schedule.In the event delays in the Work are encountered for any reason,the Owner and Contractor shall undertake reasonable steps to mitigate the effect of such delay. § 8.3.2 The Contract Time is set with reference to and knowledge of weather conditions usual to the area of the • Project.To justify an excused delay in the Contract Time,adverse weather conditions not reasonably anticipated for .purposes of Subparagraph 8.3.1 require the presence of abnormally severe or unsafe working conditions on the site • that have a material,adverse effect on the scheduled Critical Path Work activities. §::8:3.3 If the delay was:causedby any public entity other than the Owner and not caused by the Owner,the Contractor, -a Subcontractor of any tier,the Architect,or anyone acting on behalf of one or more of them,the Contractor is entitled only to an increase in the Contract Time(but not a change in the Contract Sum). If the delay was caused by the Contractor,a Subcontractor of any tier,or anyone acting on behalf of one or more of them,the Contractor is not .entitled to an increase in the Contract Time or Contract Sum. § 8.3.4 The-Contractor shall not in any event be entitled to damages arising out of actual or alleged loss of efficiency; morale,fatigue,attitude,or labor rhythm;constructive acceleration;home office overhead;expectant under-nm;trade stacking;reassignment of workers;concurrent operations;dilution of supervision;learning curve;beneficial or joint occupancy, logistics ripple; season change;extended overhead;profit upon damages for delay,impact damages;or - similar damages. . ARTICLE 9 PAYMENTS AND COMPLETION §-9.1 CONTRACT SUM The Contract Sum is stated in the Agreement and,including authorized adjustments,is the total amount payable by the Owner10°the Contractor forperformance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES Where the Contract is based on a stipulated sum or Guaranteed Maximum Price,the Contractor shall submit to the Architect and.the Owner,before the first Application for Payment,a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect and.the Owner 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 leastrten.days before the date established for each progress payment,the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values,if required under Section 9.2.,for completed portions of the Work. Such application shall be notarized,if required,and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require,such as copies of - requisitions from Subcontractors and material suppliers,and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9,such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives,or by interim determinations of the Architect,but not yet included in Change Orders. • AIA Document A2011"—2007.Copyright O 1911,1915,1918,1925,1937,1951,1958°1961,1963°1966,1970,1976°1987°1997 and 2007 by The American init. • Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 29 reproduction or distribution of this AlA®Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced byAlA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the ,Contractor does not intend to pay a Subcontractor or material supplier,unless such Work has been performed by others .:;whom the Contractor intends to pay. § 9.3.1.3 Each Application for Payment shall be accompanied by the following,all in form and substance satisfactory --to the Owner: ' .1 Contractor's duly executed release of lien and bond claims,including a conditional release for the current Application for Payment and an unconditional release for all prior Applications for Payment. .2 All information and materials required to comply with the requirements of the Contract Documents. .3 Owner may,.at its option,request documentation from the Contractor evidencing that Subcontractors, Sub-subcontractors,and suppliers of every tier have provided the requisite conditional and unconditional releases to the Contractor for each Application of Payment. § 931 Unless otherwise provided in the Contract Documents,payments shall be made on account of materials and equipment delivered and suitably stored at the Project site for subsequent incorporation in the Work.If approved in ;advance by the Owner,payment may similarly be made for materials and equipment suitably stored off the site at a 'location agreed upon in-writing.Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by.the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest,and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § 93.3 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 be —free and Clear of liens;claims,security interests or encumbrances in favor of the Contractor,Subcontractors,material • ;suppliers,-or other'persons or entities making a claim by reason of having provided labor,materials and equipment relating to the Work. ,§ 9.3.4 Retainage will be-withheld at a rate of five percent(5%)in accordance with ORS 279C.570. _w§.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 Section 9.5.1. § 9.4.2 The:issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner,based __ : on the Architect's evaluation of the Work and the data comprising the Application for Payment,that,to the best of the Architect's knowledge,information and belief,the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents.The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,to results of subsequent tests and inspections,to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect.The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified.However,the issuance of a Certificate for'Payment will mot be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods,techniques,sequences or -- - - ,- procedures,(3)reviewed copies of requisitions received from Subcontractors and material suppliers and other data reguested;by the Owner to substantiate the Contractor's right to payment,or(4)made examination to ascertain how or ' for whatpurpose;;the Contractor has used money previously paid on account of the Contract Sum. <: §9.5 DECISIONS`,TO WITHHOLD CERTIFICATION § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part,to the extent reasonably necessary to protect the Owner,if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made.If the Architect is unable to certify payment in the amount of the Application,the Architect will notify the Contractor and Owner as provided in Section 9.4.1.If the Contractor and Architect cannot agree on a revised amount, AIA Document A201"—2007.Copyright 01911,1915;1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 30 reproduction or distribution of this AlA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced byAlA software at 18:29:10 on 03/27/2013 under Order No.5783800624 1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner.The Architect may also withhold a Certificate for Payment or,because of subsequently • discovered evidence,may nullify the whole or a part of a Certificate for Payment previously issued,to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2,because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor or Subcontractor to make payments properly to Subcontractors or for labor, materials or equipment; • .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 . damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time,and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; • .7 repeated failure to carry out the Work in accordance with the Contract Documents; .8 failure to maintain current safety and as-built documents as required by Section 3.11;or .9 failure to train personnel on the Project site in required safety procedures as required in the Contract Documents. §-9:5.2 When the above reasons for withholding certification are removed,certification will be made for amounts previously withheld. § 9.5.3 If the Architect-withholds certification for payment under Section 9.5.1.3,the Owner may, at its sole option, • issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check,the Owner shall notify the Architect and the Architect will reflect such payment:on the next Certificate for Payment. §.9.5:4 If the Contractor disputes any determination by the Architect with regard to any Certificate of Payment,the Contractor nevertheless shall expeditiously continue the Work. • § 9.6:PROGRESS. PAYMENTS § 9.6.1 After the•Architect has issued a Certificate for Payment,the Owner shall make payment in the manner and • within the time provided in the Contract Documents,and shall so notify the Architect. • .§ 9.6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the Owner the amount to-Which the Subcontractor is entitled,reflecting percentages actually retained from payments to the Contractor on account ofthe 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 Subcontractor. • § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work.If the Contractor fails to furnish such evidence within seven days,the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid.Neither the Owner nor Architect shall have an 'obligation to pay or to see to the payment of money to a Subcontractor,except as may otherwise be required by law. § 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2,9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment,a progress payment,or partial or entire use or occupancy of the Project by the • Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. AIA Document A201 TM—2007.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 31 reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AlA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) § 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.tolbe placed in a separate account and not commingled with money of the Contractor,shall create any fiduciary - ,liability-or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. 771.9.7 FAILURE OF PAYMENT - §1.7.1 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 binding ;�. dispute resolution,then the Contractor may,upon seven additional days' written notice to the Owner and Architect, stop the Work until of the amount owing has been received.The Contract Time shall be extended -appropriately'and the Contract:Sum shall be increased by the amount of the Contractor's reasonable costs of r. r N shut-down;;delay-and start-up plus interest as provided for in the Contract Documents. '9.72 Failure,of payment does not exist under Section 9.7.1 if the Owner exercises authority granted by the Contract documents to withhold payment notwithstanding certification by the Architect. .§ .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:completein accordance with the Contract Documents so that the Owner can occupy or utilize the Work for =its intended`>use: _.1- As part of the final Application for Payment,the Contractor shall assemble for the Architect's approval ir within thirty-00)days of Substantial Completion three(3)complete bound copies of all operation, - - maintenance,and warranty data from all manufacturers whose equipment is installed in the Work.The - final-Certificate for Payment will not be issued by the Architect until all warranties and guaranties have been received and accepted by the Owner. ,§_9.8.2'When'the Contractor considersithat the Work,or a portion thereof which the Owner agrees to accept t,separately,is substantially complete,the:Contractor shall prepare and submit to the Owner or 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. §: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,theTon tractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. . -§:9.8.4 When the Work or designated portion thereof is substantially complete,the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion,shall establish responsibilities of the Owner and Contractor for security,maintenance,heat,utilities,damage to the Work and insurance,and shall fix the • time within which the Contractor shall finish all items on the list accompanying the Certificate.Warranties required by the Contract-Documents shall commence on the date of Substantial Completion of the Work or designated portion thereofinilessiotherwise provided in the Certificate of Substantial Completion. §.9.81s inie Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written 'acceptance of=esponsibilities assigned to them in such Certificate.Upon such acceptance and consent of surety,if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. • MA Document A20111—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1981,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 32 reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014.and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) § 9.9 PARTIAL OCCUPANCY OR USE _§ 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such-portion is designated by separate agreement with the Contractor,provided such occupancy or use is consented to by•the-insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project:Such partial occupancy or use may commence whether or not the portion is substantially complete,provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage,if any,security,maintenance,heat,utilities,damage to the Work and insurance,and have agreed in writing .concerning the period for correction of the Work and commencement of warranties required by the Contract Documents.When the Contractor considers a portion substantially complete,the Contractor shall prepare and submit • a list to the Owner and the Architect as provided under Section 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 §1:10:i•Upon receipt oftheContractor's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment,the Architect will promptly make such inspection and,when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed,the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge,information , and belief,and:on the basis of the Architect's on-site visits and inspections,the Work has been completed in accordance.with.terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable.The Architect's final Certificate for Payment will • constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.102Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect Wan affidavit that payrolls,bills for materials and equipment,and other indebtedness connected with •_the Work for_wh-ich.the Owner or.the.Owner's property might be responsible or encumbered(less amounts withheld by Owner)have been paid or otherwise satisfied,(2)a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days'prior written notice has been given to the Owner,(3)a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents,'(4)consent of surety,If any,to final payment and(5),if required by the Owner,other data establishing "--, payment or satisfaction of obligations,such as receipts,releases and waivers of liens,claims,security interests or encumbrances arising out of the Contract,to the extent and in such form as may be designated by the Owner.If a Subcontractor refuses to furnish a release or waiver required by the Owner,the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien.If such lien remains unsatisfied after payments are made,the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien,including.all costs and reasonable attorneys' fees. § 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 certification by the Architect,and without terminating the Contract,make payment of the balance due for that portion of the Work fully completed and accepted.If the remaining balance for,Work not fully completed or corrected is less than retainage stipulated in the Contract Documents,and if bonds.have'been'furnished,the written consent of surety to payment of the balance due for that portion of the Work fully coipleted 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. .1 In the event that final completion is not accomplished within 60 days after the date of Substantial Completion due to any fault of the Contractor,the Owner may withhold from any subsequent progress AIA Document A201",—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Intt. Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 33 reproduction or distribution of this AIA®Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced byAIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) payments and from the final payment 150 percent of the reasonable cost of the unfinished Work necessary to attain final completion.Such funds are to be paid pro rata following successful completion of the unfinished Work if the Work is done by the Contractor.In the event that the Contractor fails to complete the Work necessary to attain final completion,the Owner may,without waiving any other remedies it may have,complete the Work and deduct the actual cost thereof from the funds withheld. The Owner shall not withhold any amount under this section relating to Work arising from Change Orders or Construction Change Directives issued following the date of Substantial Completion. § 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; .3 terms of warranties required by or included in the Contract Documents;or .4. • the correction remedy allowed by Section 12.2. §•9.10.5 Acceptance,offtnal payment by the Contractor,a Subcontractor or material supplier shall constitute a waiver • , of claims by that,payee.except those previously made in writing and identified by that payee as unsettled at the time of ' final Application;for.Payment ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY . §F10.1 SAFETY PRECAUTIONS AND PROGRAMS §10i11'The,Contractor shall besresponsible for initiating,maintaining and supervising all safety precautions and programs itt connection With the performance of the Contract The Contractor acknowledges the unique safety risks associated:with construction of school facilities in the presence of faculty,students,staff,and visitors. §;.10:1.2 This Contract incorporates by this reference any Owner's safety policies current as of the date of -,;commehcement of the Wor'k,.rwinch have been or will be made available to the Contractor.The Contractor,as a ;;condition precedent to!commencement of the Work,will instruct all personnel of the Contractor and its • ,Subcontractors,.prior_to theirperforming any of the Work,of the elements of these policies with which the personnel will be required to complyNotwithstanding any other provision of the Contract Documents,the Contractor's(or any Subcontractor's),failure to perform adequate safety training is grounds for the Owner's immediate suspension of the Work at the Contractor's sole expense and may result in cancellation of the Contract. §10.1.3 In addition to the.policies identified above,the Contractor shall review with all Subcontractors the methods, • 'materials,:tools,_and equipment to be used to verify their compliance with all safety standards and laws and the Contractor shall be responsible for.compliance with them,to ensure safe,hazard-free conditions for all persons visiting or working on the entire Project site and the Owner's adjoining facilities. § 10.1.4'66 Contractor will develop a fire response plan consistent with that of the Owner,which will be strictly enforced liythe Contractor's;project safety officer and the Owner.The Contractor will supply fire extinguishers in sufficient size and quantity,distributed throughout the Project site;to maintain a safe working environment § 10.1.5 The.Contractor will ensure that all equipment furnished and installed is rated by Underwriters Laboratories or another method approved by the state testing laboratory or the Owner,as appropriate. § 10.1.6 Smoking is not permitted on Owner's property. §10.2 SAFETY OF_PERSONS AND PROPERTY • § 10.2.1 The Contractor shall take all necessary reasonable precautions for safety of and shall provide reasonable - -protection to prevent damage,injury or loss to .1 employees on the Work,the Owner's faculty,staff,students,and visitors and other persons who may be r; affected thereby, 2 the Work and materials and equipment to be incorporated therein,whether in storage on or off the site YR c • under care,custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors; .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;and AIA Document A201' —2007.Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American m it Institute of Architects.NI rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law and international Treaties.Unauthorized IA reproduction or distribution of this NA®Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) .4 adjoining operations of the Owner. § 10.2.2 The Contractor shall comply with and give notices required by applicable laws,statutes,ordinances,codes, rules and regulations,and lawful orders of public authorities bearing on safety of persons or property or their protection from damage,injury or loss. • § 10.2.3 The Contractor shall erect and maintain,as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection,including installing fencing and posting danger signs and other warnings against hazards,promulgating safety regulations and notifying owners and users of adjacent sites and utilities.The Contractor shall also be responsible,at the Contractor's sole cost and expense,for all measures necessary to protect any.property,adjacent to the Project and improvements therein.Any damage to such property or improvements shall be promptly repaired by the Contractor.Contractor shall provide reasonable fall protection safeguards and provide approved fall protection safety equipment for use by all exposed Contractor employees. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work,the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel.The Contractor must obtain advance approval before proceeding with the •storage or use of explosives or hazardous materials for performance of the Work. § 10:23 The'Contractor shall promptly remedy damage and loss(other than damage or loss insured under property • insurance required.by the Contract Documents)to property referred to in Sections 10.2.1.2 through 10.2.143 caused in whole or in part bythe.Contractor,a Subcontractor,a Sub-subcontractor,or anyone directly or indirectly employed by any of them,or by anyone'for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 through 10.2.1.4, except to the extent damage or loss attributable to acts or omissions of the Owner or Architect or-anyone directly or indirectly employed by either of them,or by anyone for whose acts either of them may be liable,and not attributable to the fault or negligence of the Contractor.The foregoing obligations of the Contractor are in-addition to the Contractor's obligations under Section 3.18. § 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 or designated safety officer . :.unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10:2.7 The-;Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an-unsafe condition.The Contractor will ensure that storage practices on the Project site will keep combustible load levels at a minimum and in approved containers that are clearly labeled.The Contractor will provide material safety data sheets to the Owner's Representative for all chemicals used on the Project site. § 102.8INJURY OR DAMAGE TO PERSON OR PROPERTY If eithecparty 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 islegally 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. • § 10.2.9.The Contractor must ensure that all existing or operating systems,utilities,and access avenues are on and in operating condition-before leaving the Project site each day. If any system, utility,or access avenue will not be operable,the Contractor must notify the Owner's Representative before the Contractor may leave the Project site that • day. § 10.2.10 Without limiting any other requirement of this Section 10.2,the Contractor shall protect adjoining property and shall provide barricades,temporary fences,and covered walkways required to protect the safety of passers-by,as required,by prudent construction practices,local building codes,ordinances,or other laws,or the Contract Documents. § 10.2.11 Without limiting any other requirement of this Section 10.2,the Contractor shall protect adjoining property and shall provide barricades,temporary fences,and covered walkways required to protect the safety of passers-by, as required by prudent construction practices,local building codes,ordinances,or other laws,or the Contract Documents. The Contractor shall be responsible,at the Contractor's sole cost and expense,for all measures necessary to protect MA Document A201"'—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970.1976,1987,1997 and 2007 by The American lnk Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 35 reproduction or distribution of this AlA®Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AlA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and Is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) any property adjacent to the Project and improvements thereon.Any damage to such property or improvements shall be,promptly repaired by the Contractor. § 10.2.12 Without limiting any other requirement of this Section 10.2,the Contractor shall maintain Work,materials, and-apparatus free from damage from rain,wind,storms,frost,and heat.If adverse weather makes it impossible to ..continue operations safely in spite of weather precautions,the Contractor shall cease Work and notify the Owner and the:Architect of such cessation.The Contractor shall not permit open fires on the Project site .§ 10.2.13 Without limiting any other requirement of this Section 10.2,the Contractor shall,at its sole cost and expense, promptly repair any unintended damage or disturbance to walls,utilities,sidewalks,curbs,and the property of third parties(including utility companies and governments)resulting from the performance of the Work,whether caused by the Contractor or by its Subcontractors at any tier.The Contractor shall maintain streets in good repair and traversable condition. • §10.3 HAZARDOUS MATERIALS §10.3.1 Hazardous Materials as that term is defined under Section 10.3.6.With respect to Hazardous Materials to be used during the course of the Work,the Contractor will implement and enforce a program to inventory and properly store and Secure all Hazardous Materials that may be used or present on the Project site,maintain available for inspection at the Proje4 site all material safety data sheets,and comply with all regulations required by law for the storage,use,and dispo'saiOf Hazardous Materials.The program must provide for notification of all personnel of potential chem>_cal hazards`Review of these hazards must be included in the Contractor's safety training program.The Contractor.shall submit to the Owner a list of all Hazardous Materials to be brought by the Contractor or its Stibcontractors.onto the Owner's property,including the purpose for their use on the Project. §10.3.2 In the event of a release or discovery of a preexisting release of Hazardous Materials,or if it is foreseeable that injury or death to persons may ,occur because of any material or substance(including without limitation Hazardous Materials)encountered on theProject site,the Contractor shall immediately (1)stop the Work or the portion of the Work affected,.(2)notify the Owner and the Architect orally and in writing,and(3)protect against exposure of persons to the Hazardous Materials.The Contractor shall provide all written warnings,notices,reports,or postings required aflaw':orby.contract for the existence,use,release,or discovery of Hazardous Materials. ' § :10.3.3 With respect many Hazardous Materials or other material or substance reported to the Owner under Section - . '10.3.2 that was not introduced to'the Project site by the Contractor or its Subcontractors of any tier,the Owner shall obtain the services of a qualified enviroarnental consultant 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 it to be.rendered1iarniless:Unless otherwise required by the Contract Documents,the Owner shall furnish in writing to the : Contractor and Architect thenanies: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;pbjection to a person or entity proposed by the Owner,the Owner shall propose another to whom the Contractor and theArchitect have no reasonable objection.When the material or substance has been rendered harmless,Work in'tlie affected area shall resume upon written agreement of the Owner and Contractor.By Change Order,the Contract Time may,subject to agreement by he Owner and the Contractor,be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut-downtdelay-and s tart-up,which adjustments shall be accomplished as provided in Article 7. § 10.3.3.1 With respect to any Hazardous Materials or other material or substance reported to the Owner under Section 10.3.2 that was introduced to the Project site by the Contractor or its Subcontractors of any tier,the Contractor shall be responsible to carry out the duties of(1)proposing to the Owner and the Architect a qualfied environmental consultant,(2)obtaining and paying for the services of the environmental consultant,and(3)verifying that the material is rendered harmless, as otherwise set forth in Section 10.3.3.The Contractor will not be entitled to an increase in the Contract Sum as stated in the last sentence of Section 10.3.3 if the Contractor or its Subcontractors of any tier are responsible for the condition requiring the testing of the material and the stoppage of the Work. Remediation work must be conducted by properly qualified contractors approved in advance by the Owner.Generally, the Owner may at its option contract directly with environmental consultants,and remediation contractors,regardless of whether the work will be performed at the Contractor's expense. AIA Document A201' —2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA5 Document is protected by U.S.Copyright Law and International Treaties.Unauthorized ■6 reproduction or distribution of this AlAe Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and Is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) • § 10.3.4 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 without limitation attorney fees,arising out of or resulting from performance of the Work in the affected area if in fact the material or substance was not introduced to the Project site by the Contractor or its Subcontractors of any tier,presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless. -No indemnification provided by the Owner under this Section 10.3.4 will be required to indemnify the Contractor, Subcontractors,or their employees or agents to the extent of liability for death or bodily injury to persons or damage to • property caused in whole or in part by the Contractor's own negligence,but will require indemnity to the extent of the fault of the Owner or ils agents or representatives. -§ 10.3.5 To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the Owner,the `, ;- Owner's Representatives,and employees of any of them from and against claims,damages,losses,and expenses, including without limitation to attorney fees,arising out of or resulting from performance of the Work in the affected =area if in fact thematerial or substance was introduced to the Project site by the Contractor or its Subcontractors of any tier,-presents the risk.of bodily injury or death,and has not been rendered harmless.No indemnification provided by the Contractor'vnder this Section 10.3.5 will be required to indemnify the Owner or its agents or representatives to the - - extent:ofliability for death orbodily injury to persons or damage to property caused in whole or in part by the Owner's own negligence,but will:require indemnity to the extent of the fault of the Owner or its agents or representatives. ,§ 10.3.6 Hazardous Materials:are any substance defined or designated as being radioactive,infectious,hazardous, _ dangerous, or toxic by any federal,state,or local statute,regulation,or ordinance presently in effect or subsequently enactedFor.,pui;jioses of Section 10.3,the term"introduce"means the physical placement or transportation of s• n: Hazardou Materials ioron the Project site regardless of whether the Hazardous Material was specified,required,or otherwise addressed in'the•Coniract Documents. . , § 104 EMERGENCIES ' In an::emergency affecting safety of persons or property,the Contractor shall act to prevent threatened damage,injury �orloss.and immediately notify the Owner.Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. AS - = ' 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 thejurisdiction in which'the-Project is located such insurance as will protect the Contractor from claims set forth below which may arise'out of or result from the Contractor's operations and completed operations under the - , Contract and forwhie`h the'Contractor may be legally liable,whether such operations be by the Contractor or by a -:..Su-bcontractor or by anyone directly or indirectly employed by any of them,or by anyone for whose acts any of them may=be liable: .1 Claims under workers'compensation,disability benefit and other similar employee benefit acts that are applicable to the Work to be performed; - .2 ; ''.Claims for-damages because of bodily injury,occupational sickness or disease,or death of the Contractor's employees; .3 Claims for damages because of bodily injury,sickness or disease,or death of any person other than the -. • Contractor's employees; .4 Claims for damages insured by usual personal injury liability coverage and commercial general I liability coverage(or its equivalent as approved in advance by the Owner); -.�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; .8 Claims involving contractual liability insurance applicable to the Contractor's obligations under Section 3.18; AlA Document A201'"—2007.Copyright@ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init Institute of Architects.All rights reserved.WARNING:This AlAe Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized 37 reproduction or distribution of this AlAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the I maximum extent possible under the law.This document was produced byAlA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) .9 claims for third-party injury and property damage(including without limitation clean-up costs)as a result of pollution conditions arising from the Contractor's operations or completed operations;and :10 claims involving the Contractor's professional liability,solely to the extent that the Contractor accepts design or design/build responsibilities under a Contract 11.1.2 Contractor Providing Insurance.Without waiver of any other requirement of this Section 11.1,the Contractor will provide,pay for,and maintain in full force and effect at all times during the performance of the Work, until final acceptance of the Work or for such further duration as required,the following policies of insurance issued ,,by a responsible carrier:-All of the Contractor's insurance carriers shall be rated A-or better by A.M.Best's rating service,unless otherwise approved by the Owner. .13. - Workers'Compensation. Workers'compensation coverage sufficient to meet statutory liability limits. - r; • :2 "~.Employer's Liability. The Contractor shall purchase and maintain employer's liability insurance in 1 addition.to its workers'compensation coverage with at least the minimum limits below. '..3 ,Commercial•General Liability. The Contractor shall purchase and maintain commercial general liability("CGL")insurance on an occurrence basis,written on ISO Form CG 0001(12/04 or later)or an equivalent form approved in advance by the Owner.CGL coverage shall include all major coverage categories including bodily injury,property damage,and products/completed operations coverage maintained for at least six years following final payment The CGL insurance will also include the ` following:. (1)separation of insured;(2)incidental medical malpractice;and(3)per-project aggregate for premises operations. <<. F ..4 Professional Liability/Errors and Omissions: To the extent that the Contractor accepts design or ' _ design/build responsibilities,the Contractor shall purchase and maintain professional liability/errors -- and omissions insurance or cause that those Subcontractors providing design services do so. Automobile Liability. The Contractor shall purchase and maintain automobile liability insurance with coverage for owned,hired,and non-owned vehicles on ISO form CA 00 01 or an equivalent form "? y, approved uradvance by the Owner.The automobile liability insurance shall include pollution liability - ,` _ ;;>,x.�-. -coverage with vehicle overturn and collision. PollutionLiabtiity. The Contractor shall purchase a contractors' pollution liability policy. Coverage _ shall include third-party claims for bodily injury,property damage,and environmental damage `resulting from pollution,conditions caused during the performance of covered operations for both { '- on-site and mi grating from the job site Such coverage shall include pollution conditions arising from covered operations including work performed by its Subcontractors and third-party claims against the Contractor alleging improper supervision of its Subcontractors. • T: .7 •:Commercial.0 ibrella/Excess Coverage. The Contractor shall purchase or maintain a commercial umbrella.or excesS:liability policy to meet the minimum limits as described below in Section 11.1.3. .Commercialiunibrella/excess liability coverage will include: (1)"Pay on behalf of' wording; -.. - (2),concurrency of effective dates with primary coverage;(3)punitive damages coverage(where not I =prohibited by law);(4)application of aggregate(where applicable)in primary coverage;(5)"care, custody,and control"coverage that follows the form for primary coverage;and(6)drop-down feature. Excess/umbrella coverage will be scheduled to the CGL,employee's liability,and automobile - *: -- ,liability policies. 5. E , i C §-11:13 Limits.':,[CHECK WITH INSURANCE MANAGER]The insurance required by Section 11.1 shall be t :written fora .least the limits of liability specified in this Section or required by law,whichever is greatest. .1 Workers'Compensation. Statutory Limits .2 Employer's Liability. - Each Accident: $ 1,000,000 • AIA Document A201' —2007.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American m it Institute of Architects.All rights reserved.WARNING:This AlA®Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized 38 reproduction or distribution of this Abe Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced byAlA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and Is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) • Each Bodily Injury Disease: $ 1,000,000 • Aggregate Bodily Injury Disease: $ 1,000,000 .3 Commercial General Liability. Each Occurrence: $ 1,000,000 General Aggregate: $ 2,000,000 Product/Completed Operations: $ 2,000,000 Personal&Advertising Injury: $ 1,000,000 .4 Professional Liability/E&O. Each Claim/Aggregate: $ N/A .5 Automobile Liability. Combined Single Limit: $ 1,000,000 .6 Pollution Liability. Singleinnit: $ 3,000,000 Aggregate: $ 5,000,000 .7 Commercial=Umbrella/Excess Coverage. • Each Occurrence: $ 5,000,000 § 11.1A Additional Insureds. The Contractor's third-party liability insurance policies shall include the Owner and its officers,employees,agents,volunteers,partners,successors,and assigns as additional insureds.The policy endorsement must extend:premise operations and products/completed operations to the additional insureds.The additional insured endorsement:for the Commercial General Liability must be written on ISO Form CG 2010(11/85), a CG 2037(07/04)together with CG 2033(07/04),or the equivalent but shall not use the following forms: CG 20 10 (10 93)or CG.20 10(03 94). ;§ 11.L5 Joint Venture. If the Contractor is a joint venture,the joint venture shall be a named insured for the liability insurance policies. § 11.1.6 Primary Coverage. The Contractor's insurance identified in Section 11.1 shall be primary insurance coverage-and may not seek contribution from any insurance or self-insurance carried by the Owner or the Architect including any property damage coverage carried by the Owner.Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought.The Contractor's insurance shall not include any cross-suit exclusion or preclude an additional insured party from asserting a claim as a third party. § 11.1.7 Contractor's Failure,to Maintain Insurance. If the Contractor for any reason fails to maintain required insurance coverage,such failure'shall be deemed a material breach of the Contract and the Owner,at its sole discretion,may suspend or:terminate the Contract pursuant to Section 14.2.The Owner may,but has no obligation to, purchase such required insurance and without further notice to the Contractor,the Owner may deduct from the Contract Sum any premium costs advanced by the Owner for such insurance. Failure to maintain the insurance coverage required by this Section 11.1 shall not waive the Contractor's obligations to the Owner. § 11.1.8 Certificates of Insurance. The Contractor shall supply to the Owner certificates of insurance for the insurance policies described in this Section 11.1 prior to the commencement of the Work and before bringing any equipment or construction personnel onto the Project site. .1 Additional Certificates. To the.extent that the Contractor's insurance coverages are required to • emain 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 Section 9.10.2.Information concerning reduction of coverage on account of revised limits or claims paid under the general aggregate,or both,shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. AIA Document A201 T"—2007.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Ink Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 39 reproduction or distribution of this AIA"Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and Is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) .2 Prohibition Until Certificates Received. The Owner shall have the right,but not the obligation,to prohibit the Contractor and its Subcontractors from entering the Project site until the required certificates(or other competent evidence that insurance has been obtained in complete compliance with this Section 11.1)are received and approved by the Owner. .3 Deductibles/Self-Insured Retentions: Payment of deductibles or self-insured retention is a Cost of the Work within the Guaranteed Maximum Price and does not justify a Change Order. Satisfaction of all self-insured retentions or deductibles will be the sole responsibility of the Contractor. § 11.1.9 Subcontractor Insurance. The Contractor shall cause each Subcontractor to purchase and maintain in full force and effect policies of insurance as specified in this Section 11.1,except for coverage limits,which will be agreed upon between the Owner and the Contractor.The Contractor will be responsible for the Subcontractors'coverage if to Subcontractors fail to purchase and maintain the required insurance.When requested by the Owner,the Contractor will furnish copies Of Certificates of insurance establishing coverage for each Subcontractor. ..§ 11.1:10 Limitations on Coverage. x '. .' 'i.1 No insurance provided by the Contractor under this Section 11.1 will be required to indemnify the r.y:a Owner,the Architect,or their employees or agents to the extent of liability for death or bodily injury to persons or damage to property caused in whole or in part by their own negligence,but will require' • ,� indemnity to the extent of the fault of the Contractor or its agents,representatives,or Subcontractors. .2 The obligations of the Contractor under this Section 11.1 shall not extend to the liability of the Architect or its consultants for(1)the preparation or approval of maps,drawings,opinions,reports, . . surveys,Change Orders,designs,or specifications,or(2)the giving or failure to give directions or i instructions,to the extent that the directions,or failure to provide directions,are the cause of the injury 15 .-- or.damage, • ..3..,-:- By requiring insurance,the Owner does not represent that coverage and limits will necessarily be . adequate.to protect the Contractor. Insurance in effect or procured by the Contractor will not reduce or . limit the Contractor's contractual obligations to indemnify and defend the Owner for claims or suits 4.1. that result from or are connected with the performance of the Contract. ;§11.1.21Deletedj '§'1:1:1.3[Deleted] -§ 1:1.1.4[Deleted] ' § 11.2 OWNER'S LIABILITY INSURANCE The Owner shall bei sponsible for purchasing and maintaining the Owner's usual liability insurance. § 113 PROPERTY INSURANCE ' -,§ 11:3.1,Unles;otherwise'provided,the Owner shall purchase and maintain,in a company or companies lawfully _ ; T: • 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. § 11.3.1.2.If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above,the Owner shall so inform the Contractor in writing prior to commencement of the Work.The Contractor may then effect insurance that will protect the interests of the Contractor, Subcontractors and Sub-subcontractors in the Work,and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described -above,without so notifying the Contractor in writing,then the Owner shall bear all reasonable costs properly attributable thereto. • -- = § 11.3.1.3,1f the property insurance requires deductibles,the Owner shall pay costs not covered because of such ,deductibles• '§ 11.3.1.4[Deleted] § 11:3.1;5iPartial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise.The Owner-and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies,and shall,without mutual written consent,take no action with respect to partial occupancy or use that would cause cancellation,'lapse=or reduction of insurance. '§:11.3:2 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, ;andthe Owner and Contractor:shall be named insureds. §-11.3 3[Deleted]. § 1:1:3.4.[Deleted] § 11.3.5[Deleted]ry`y • § 11.3.6;[Deleted] • §,11:3.7[Deleted] § 11.3.8 A loss insured-undertlie Owner's property insurance shall be adjusted by the Owner and made payable to the Owner for the insureds,as their interests may appear,subject to requirements of any applicable mortgagee clause and -of Section 11.3.10.The Contractor shall pay Subcontractors their just 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. §,1 1.3.9 If required in writing by a party in interest,the Owner 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.The Owner shall deposit in.a separate account proceeds so received,which the Owner shall distribute in accordance with such agreement as the parties in interest may reach,or as determined in accordance with the method of binding dispute :resolution selected in the Agreement between the Owner and Contractor.If after such loss no other special agreement is madeand unless the Owner terminates the Contract for convenience,replacement of damaged property shall be _ performed by the-Contractor after notification of a Change in the Work in accordance with Article 7. §:11:3:10 The Owner shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power;if such objection is made,the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement.If the Owner and Contractor have selected arbitration as the method of binding AlA Document A201111—2007.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 41 reproduction or distribution of this AlA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced byAlA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 0113012014,and Is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) dispute resolution,the Owner shall make settlement with insurers or,in the case of a dispute over distribution of insurance proceeds,in accordance with the directions of the arbitrators. §41.4 PERFORMANCE BOND AND PAYMENT BOND • §"11.4:1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract §.11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of • .obligations arising under the Contract,the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. ARTICLE 12, . UNCOVERING AND CORRECTION OF WORK ' •§ 12.1 UNCOVERING OF WORK § 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressedIn.the Contract Documents,it must,if requested in writing by the Architect,be uncovered for examination . by the Owner,the Architect;orany governmental authority and be replaced at the Contractor's expense without - - change_m-tine Contract Time §.12.1.2 If a portion of the Work has been covered that the Owner and the Architect or any governmental authority has notspecifically requested°to examine prior to its being covered,the Architect may request to see such Work and it shall be`uncovered by the Contractor.If such Work is in accordance with the Contract Documents,costs of uncovering and replacement shall,1 by appiopnate Change Order,be at the Owner's expense. If such Work is not in accordance with - the Contract Documents,such costs and the cost of uncovering and correction shall be at the Contractor's expense unless'the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs... • ,§ 12:2.CORRECTION OF.WORK ' § 12.21 BEFORE OR AFTER SUBSTANTIAL COMPLETION The Contractor shall promptly correct Work rejected by the Owner,the Architect,or any governmental authority or __ t- failing to conform to the requirements of the Contract Documents,whether discovered before or after Substantial y ,Completion and-whether or not fabricated,.installed or completed.Costs of correcting such rejected Work,including F ''additional testing.andinspections;the cost of uncovering and replacement,and compensation for the Owner's and the Architect's services and expenses_.madenecessary thereby, shall be at the Contractor's expense. 5,122.2 AFTER SUBSTANTIAL COMPLETION ' § 12221 In addition to the Contracto rrs obligations under Section 3.5,if within one year after the date of Substantial Completion'of'of the Work or desi p , gnated'�portion thereof or after the date for commencement of warranties established under Section 9.9.1,or by terms of anrapplicable 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. t During the one-year period for,correction of Work,if the Owner fails to notify the Contractor and give the Contractor r. :an Opportunity to make the-correction,the Owner waives the rights to require correction by the Contractor.If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice - from the Owner or Architect,the Owner may correct it in accordance with Section 2.4. § 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completib •ofthat portion of the Work ,§12.2:2.3•,The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor,at its expense,shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. AIA Document A201' —2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American init. Institute of Architects.NI rights reserved.WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 42 reproduction or distribution of this NA®Document,or any portion of lt,may result in severe civil and criminal penalties,and will be prosecuted to the / maximum extent possible under the law.This document was produced by AIA software at 1829:10 on 03/27/2013 under Order No.5783800624 1 which expires on 0180/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) • § 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 that is not in accordance with the requirements of the Contract Documents. § 12.2;5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents.Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work,and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced,nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. § 12.3 ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers-to accept Work that is not in accordance with the requirements of the Contract Documents,the Owner may do so instead;of requiring its removal and correction,in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. • ARTICLE 13 MISCELLANEOUS PROVISIONS §'13:1 GOVERNING LAW- -. The-Contract shall be governed by the law of the 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 covenants;agreements and obligations contained in the Contract Documents.Except as provided in • Section 13.2.2,neither party to-the Contract shall assign the Contract as a whole without written consent of the other. If either.party attempts to make such an assignment without such consent,that party shall nevertheless remain legally responsible for all obligations under the Contract. ,§ 132.2 The Owrier may,,without consent of the Contractor,assign the Contract to a lender providing construction financing-for the Project,if the lender assumes the Owner's rights and obligations under the Contract Documents.The ^Contractor shall execute:all consents reasonably required to facilitate such assignment. § 13.3 WRITTEN-'NOTICE Written notice shall-be deemed to have been duly served if delivered in person to the individual,to a member of the firm or entity,-or to an officer of the corporation for which it was intended;or if delivered at,or sent by certified mail • - or by courier service providing proof of delivery to,the last business address known to the party giving notice. '§13.4 RIGHTS AND REMEDIES '; § 1141 Duties.and obligation s 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 there under,except as may be specifically agreed in writing. § 13.5 TESTS AND INSPECTIONS . § 1.3.5.1 Tests,inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws,statutes,ordinances,codes,rules and regulations or lawful orders of public - ,authorities.-Unless otherwise provided,the Contractor shall make arrangements for such tests,inspections and 'approvals by public agencies or by independent testing laboratories,as may be required by the Owner or the permitting jurisdiction.Thc Owner shall retain and pay for any private inspectors or testing laboratories that are required. The costs of such private inspections and tests shall not be included in the Contract Sum. The Contractor shall forward to -- - - the Architect and the Owner copies of all inspections,results,test results,orders,permits,and other directives or correspondence received by the Contractor from any inspector,testing laboratory,or agency with jurisdiction over the Work.The Contractor shall give the Owner and the Architect timely notice of when and where tests and inspections are to be made so that the Owner and the Architect may be present for such procedures.The Owner shall bear costs of (1)tests,inspections or approvals that do not become requirements until after bids are received or negotiations AIA Document A201 1m—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 43 reproduction or distribution of this AlAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AlA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) Iconcluded,and(2)tests,inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 13.5.2 If the Architect,Owner or public authorities having jurisdiction determine that portions of the Work require •additional testing,inspection or approval not included under Section 13.5.1,the Architect will,upon written . ,authorization from the Owner,instruct the Contractor to make arrangements for such additional testing,inspection or _approval by an entity acceptable to the Owner,and the Contractor shall give timely notice to the Owner and the -`--Architect of when and where tests and inspections are to be made so that the Owner and the Architect may be present for such procedures.Such costs,except as provided in Section 13.5.3,shall be at the Owner's expense. § 13.5.3 If such procedures for testing,inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the -portions ofrthe Work to comply with requirements established by the Contract Documents,all costs made necessary by -'such failureincluding those of repeated procedures and compensation for the Owner's and the Architect's services and `expensescsliall be at the Contractor's expense,including without limitation the cost of retesting for verification of • i ".;compliances of necessary, until the Architect certifies that the Work in question does comply with the requirements of t the Contraa•Documents.; §�'13.5.4 Required certificates of testing,inspection or approval shall,unless otherwise required by the Contract - Documents,be secured by the Contractor and promptly delivered to the Architect. § 13.5.5 If the Architect is to observe tests,inspections or approvals required by the Contract Documents,the Architect • will do so;promptly and,where practicable,at the normal place of testing. _;. §'13.5.6 Tests or inspections.conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.5.7 No inspection performed or failed to be performed by the Owner shall waive any of the Contractor's - :obligations or be-construed as-an approval or acceptance of the Work or any part thereof. ' ' §,13:6_INTEREST ' ,. Payments due and unpaid:uiider 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 _ -' =§13.7 TIME,-UNITS'0N`CLAIMS ' •-,Til r`e Owneand Contractor shall commence all claims and causes of action,whether in contract,tort,breach of warranty or otherwise,against the other arising out of or related to the Contract in accordance with the requirements of • -the final dispute resolution method selected in the Agreement within the time period specified by applicable law. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT .§ 14:1-TERMINATION-BY THE-CONTRACTOR § 14.1.1 The Contractor may,terrrrinate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor,Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor,for any of the following reasons: .1 ".-Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be ..stoP_ped .2 An act of government,such as a declaration of national emergency that requires all Work to be stopped; .3.R Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1,or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents;or :4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor's request,reasonable evidence as required by Section 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 AIA Document A201'"—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init Institute of Architects.All rights reserved.WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 44 reproduction or distribution of this AlAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the I maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion,or 120 days in any 365-day period,whichever is less. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists,the Contractor may,upon seven days' written notice to the Owner and Architect,terminate the Contract and recover from the Owner payment for Work executed,including reasonable overhead and profit,costs incurred by reason of such termination. §14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their.agents or employees or any other persons performing portions of the Work under contract with - the Contractor because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect tomatters important to the progress of the Work,the Contractor may,upon seven additional ---,days'written notice to the Owner and the Architect,terminate the Contract and recover from the Owner as provided in • - Section 14.1.3. ay § 14.2 TERMINATION BY THE OWNER FOR CAUSE §14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective -agreements between the Contractor and the Subcontractors; .3 repeatedly:disregards applicable laws,statutes,ordinances,codes,rules and regulations,or lawful order`s of apublic authority; • A otherwise:is guilty of substantial breach of a provision of the Contract Documents; or 23 _ fails to observe the training,safety,and other precautions required in Article 10,including the Contractor's own safety policies for the Project.• § 14.2.2 When any of the above reasons exist,the Owner,upon certification by the Initial Decision Maker that suffiicient cause exists to justify such action,may without prejudice to any other rights or remedies of the Owner and • afterAgiving.the Contractor and the Contractor's surety,if any,seven days'written notice,terminate employment of the , - Contractor and may,subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials,equipment,tools,and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4;and • v - .3 Finish the-Work by whatever reasonable method the Owner may deem expedient.Upon written request of the Contractor,the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1,the Contractor shall not.be entitled to receive.further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,including compensation for ' the Owner's and the Architect's services and expenses made necessary thereby,and other damages incurred by the Owner and not expressly waived,such excess shall be paid to the Contractor.If such costs and damages exceed the unpaid balance,the Contractor shall pay the difference to the Owner..This obligation for payment shall survive fterniination of the Contract. § 14.2.5 If termination for cause is determined later to have been wrongful or without justification,then the termination will be-considered to have been termination for convenience. ,§ 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE §14.3:1 T_he Owner may,without cause,order the Contractor in writing to suspend,delay or interrupt the Work in whole or.in part for such period of time as the Owner may determine. • ` §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 Section 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 AIA Document A2017"—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 45 reproduction or distribution of this AlA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced byAIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01t30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) • .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE § 14.41 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 ' r 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. • - §44.4.3 In case of such termination for the Owner's convenience,the Contractor shall be entitled to receive payment - for.Work executed,and costs incurred by reason of such termination,along with reasonable overhead and profit on the Work executed.No profit will be allowed if the Contractor would have sustained a loss on the entire Contract had it been completed. § 14.4.4 The Owner may terminate a portion of the Work for the Owner's convenience and without cause,in which • .case the provisions of this Section 14.4 shall apply only to the portion of the Work terminated and the Contractor shall continue With performance of the remaining Work that is not terminated. ARTICLE 15 .' CLAIMS AND DISPUTES . § 15.1.CLAIMS • § 15:1:1 DEFINITION A Claim'is a-demand-or assertion by one of the parties seeking,as a matter of right,payment of money,or other relief with respect to the terms of the-Contract.The term"Claim"also includes other disputes and matters in question • between the Owner.and Contractor arising out of or relating to the Contract.The responsibility to substantiate Claims . shall.restwithpthe Party.making the Claim. § 15.1.2 NOTICE-OF CLAIMS Claiins by-either.'the Owner or Contractorarust be made by written notice to the other party the Initial Decision Maker. • Claims byeither_party must be'Ma-de 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,and must identify the knownbases;for each Claim and the nature and amount of the relief sought. '§'15.1.3;CONTJNUING CONTRACT PERFORMANCE PendingSmnal resolution of a:Clatm,except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, thi Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make -- payments in accordance with the Contract Documents.The Architect will prepare Change Orders and issue Certificates,for Payment in accordance with the decisions of the Initial Decision Maker. ,§ 15.1.4 CLAIMS -FOR ADDITIONAL COST If the Contractor wishes to make a Claim for an increase in the Contract Sum,written notice as provided herein shall .;15e:given before-proceeding to execute the Work Prior notice is not required for Claims relating to an emergency r_ �'-eridangering ife or.�property arising under Section 10.4. - r15:1..5:CLAIMS FOR ADDITIONAL TIME :15.1.5:1 If the Contractor wishes to make a Claim for an increase in the Contract Time,written notice as provided e _ }ierein 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. Claims for additional time are .governed by Section 8.3. § 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time,such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time,could not have been reasonably anticipated and had an adverse effect on the scheduled construction. • AlA Document A201711—2007.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963.1966,1970,1976,1987,1997 and 2007 by The American tn� Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected by U.S.Copyright Law and international Treaties.Unauthorized AR reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) • § 15.1.6 • (Paragraphs deleted) [Deleted] § 15.2 INITIAL DECISION § 15.2.1 Claims made prior top Substantial Completion of the Project,excluding those arising under Sections 10.3 and 10.4,shall be referred to the Initial Decision Maker for initial decision.The Architect will serve as the Initial Decision ' ."Maker,unless otherwise indicated in the Agreement Except for those Claims excluded by this Section 15.2.1,an `initial decision shall be required as a condition precedent to mediation of any Claim made prior to the date final payment is due,unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered.Unless the Initial Decision Maker and all affected parties agree,the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions:. (1) request additional supporting data from the claimant or a response with supporting data from the other party; (2)' reject the Claim in whole or in part; • (3) -approve the Claim; (4) suggest a,compromise;or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision :," Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker _ concludes that,in the Initial Decision Maker's sole discretion,it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.23 In evaluating-Claims;the Initial Decision Maker may,but shall not be obligated to,consult with or seek information from either.party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a-decision. In the event the Initial Decision Maker seeks information from a consultant,both . , . - parties must agree on the consultant If the consultant charges a fee for its services,then both parties will equally split the cost Of*initial fee. 1 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional -supporting data,such party shall respond,within ten days after receipt of such request,and shall either: (1) provide a response on the requested supporting data; (2) advise the Initial,Decision Maker when the response or supporting data will be furnished;or (3) advise the Initial Decision Maker that no supporting data will be furnished.Upon receipt of the response or supporting data,if any,the Initial Decision Maker will either reject or approve the Claim in whole or in part § 15.2.5 The Initial Decision;Maker will render an initial decision approving or rejecting the Claim,or indicating that the Initial Decision Maker is unable to resolve the Claim.This initial decision shall(1)be in writing;(2)state the . -_reasons therefor.;-and(3)notify the parties and the Architect,if the Architect is not serving as the Initial Decision - Maker,of any changein the Contract Sum or Contract Time or both.The initial decision shall be final and binding on the parties.but subject to binding dispute resolution. § 15.2.6 Either party may file for binding dispute resolution of an initial decision within 30 days. 1. § 15.2.6.1•[Deleted] § 15.2.7 In the event of a Claim against the Contractor,the Owner may,but is not obligated to,notify the surety,if any, of the:nature-and amount of the Claim.If the Claim relates to a possibility of a Contractor's default,the Owner may, but is not obligated to,notify the surety and request the surety's assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a materialman's lien or construction lien,the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. AIA Document A201 m—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 47 reproduction or distribution of this AlA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the f maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) _§ 15.3.MEDIATION _§ 15.3.1[Deleted] § 15.3:2 The parties may agree to engage in mediation to resolve their Claims. § 15.3:3[Deleted] 15.4 ARBITRATION 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement,any Claim shall be arbitrated pursuant to the rules of the Arbitration Service of Portland,Inc.,currently in effect,or such other rules to:which the parties may agree.A demand for arbitration shall be made in writing,delivered to the other party to the Contract,and filed with the person or entity administering the arbitration.Exclusive venue for arbitration hearings shall be in Washington County,Oregon. § 15.4.1.1 A"demand•for arbitration shall be made within a reasonable time after the Claim has arisen,but in no event shall it be made after the;date when the institution of legal or equitable proceedings based on the Claim would be barred=by the applicable'Statute of limitations.For statute of limitations purposes,receipt of a written demand for arbitration by the person=o%entity administering the arbitration shall constitute the institution of legal or equitable proceedings'based on the.Claim. • 15.4.2 The award�reridered'b the arbitrator or arbitrators shall be final and judgment may be entered upon it in • § Y' j � Y P accordance with applicable law in any court having jurisdiction thereof § 15:4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly r- .consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof • • 15.4.4 CONSOLIDATION OR JOINDER § 15.4.4.1 Either party,at its sole discretion,may consolidate an arbitration conducted under this Agreement with any _ • other arbitration to which it is a party provided that(1)the arbitration agreement governing the other arbitration permits consolidation,(2)the arbitrations to be consolidated substantially involve common questions of law or fact, and(3)the-arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4:42 Eitherparty,'at its sole discretion,may include by joinder persons or entities substantially involved in a common question.'of law or fact whose presence is required if complete relief is to be accorded in arbitration: § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this ` ' Section.15.4,-whether by joinder or consolidation,the same rights of joinder and consolidation as the Owner and ' Contractor under this Agreement. • § 15.4.4.4 Prior to allowing any-Subcontractor or other party retained by the Contractor to commence their services on th&Project,the Contractor�shall require such third party to submit in writing to arbitration if requested by the Owner or the-Contractor. END OF THE GENERAL CONDITIONS • • • - AIA Document A201' —2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) • Additions and Deletions Report for • AIA Document A201>M- 2007 . This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has -added to.the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and Its associated document were generated simultaneously by AIA software at 18:29:10 on 03/27/2013. = PAGE'1• • Twality Middle School Roaring Project,Tigard Oregon • eg�-- mc, id-tatz '(Name and address) Tigard-Tualatin School District - 6960 S.W.Sandberg Street • Tigard,Oregon 9722 ,8039:' • • • ame and addressA -Dull Olson Weekes--IBI•Group Architects,Inc. 907 SW:Stark Street = Portland;OR 97205 - • - THESE GENERAL CONDITIONS APPLY TO THE AGREEMENT BETWEEN THE PARTIES-DATED-" PAGE 3 umbers and Topics in Bold are Section Heading) • 3.2,3:3.2,3.12.8,3.18,:4.2.3,8.3.1,9:5.1, 10.2.5, 10.2.8,13.4.2,1347-13.7.1 14.1, 15.2 . 4.2.5,7.3.9,9.2,9:3,9.4,.9.5.1,9.6.3,9:4T-9.7.1,9.10, 11.1.3 2.4.1,.3:12:7,4.1,4:2,5.2,66.3.1,7.1.2,7.3.7,7.4,99.2.1,9.3.1,9.4,9.5,9.6.3,9.8,9.10.1,9.10.3,12.1, 12.2.1, I3.,5.1,X13:5.2, 142:2, 14.2.4, 15.1.3, 15.2.1 • Additions and Deletions Report for AIA Document A201".—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, • 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlA®Document Is protected by U.S.Copyright Law and 1 International Treaties.Unauthorized reproduction or distribution of this AlA®Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 1829:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and Is not for resale. User Notes:A201-2007 TTSD Template 2-1412;rev.3-26-13 (1635219833) 2.1.1,3.12.4,3.12.8,3.12.10,4.1.2,4.2.1,4.2.2,4.2.3,4.2.6,4.2.7,4.2.10,4.2.12,4.2.13,5.2.1, 7.4.1,9.4.2,9.5.3, 9.6.4, 15.1.3, 15.2 • _ 2.4.1,31.3,3j-S,3.5.1,3.10.2,4.2.7 - 3:573.5.1,4.2:6, 12.1.2;1-2.2.1 3.7:4,4.2.64.2.7,4:2.11,4.2.12,4.2.13,4.2.14,6. 6.3.1,7.3.7,7.3.9,8.1.3,8.3.1,9722-9.2.1,9.4.1,9.5,9.8.4,9.9.1, 13.5.2, 15:2, 15.3 • 3'x2.2„3.23,3.2.4,3.3.1,3.4.2,3473.5.1,3.7.4,3.7.5,3.9.2,3.9.3,3.10,3.11,3.12,3.16,3.18,4.1.2, '443,4.2,5.2,6.2.2,7 8.3:1,9.2,9.3,9.4,9.5,9.7,9.8,99, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5, 15.2 97779.7.1,11.3.9,'11.3.10, 13.11, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.4.1 }' 'PAGE4 A •.a t�4.� 1,4:2.5,4:2:9,9.3.3 ,4;.9:5,9.6.1,9.6.6,97779.7.1,9.10.1,9.10.3, 14.1.13, 14.2.4, 15.1.3 ' 7 2:2.1',3:11,4.2.8,1;-7.21, 73.1,7.4,,7.4.1,8.3.1,9.3.1.1, 113.9 . 3.2.4,6.1.1,67376.3.1,7.3.9;9.3.3,9.10.4, 10.3.3, 15, 15.4 Contract Documents,The 1.1.1 Contract Docinnents.Copies Furnished and Use of 3.7,.4,3.7.5,3.10:2,5.2.3,7.2.1.3,7.3.1,7.3.5,7.4,8.1.1,8.2.1,8.3.1,9.5.1,9479.7.1, 10.3.2,12.1.1,14.3.2, 15.1.5.1, 15.2.5 - PAGE 5, mµ5 33•.2;3:4.3,3.8:1,3.9,3.18.2 42.3,4.2.6, 10.2, 10.3, 11.1.1, 11.3.7, 14.1, 14.2.1.114.2.1.1, 1.1.2, 1.5,3.1.3,3.2.2,3.2.3,3.2.4,3.3.1,3.4.2,3 733.5.1,3.7.4,3.10,3.11,3.12,3.16,3.18,4.1.3,4.2,5.2,6.2.2,7, 8.3.1,9.2,9.3,9.4,9.5,9.7,9.8,9.9, 10.2.6, 10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1 Additions and Deletions Report for AIA Document A201*”—2007.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document Is protected by U.S.Copyright Law and 2 International Treaties.Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and Is not for resale. User Notes:A201-2007 TTSD Template 2-14-12:rev.3-26-13 (1635219833) 3:2.1,'3.2:2,4,-50.5.1,3.12.6,6.2.2,8.2.1,9.3.3,9.8.2 ;33:4,4.2,6,4.2.7,4.2.11,4.2.12,4.2.13, 15.2,6.3,7.33,7.3.9,8.1.3,8.3.1,9, 9.2,1,9.4,9.5.1,9.8.4,9.9.1, 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 2,11,24.1,3,750.5.:1 42>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 • - ' ::Defective Work,Definition of 1=1;2.1:1;3.1 1;X3.5:1,3.12.1,3,12.2,3.12.3,4.1.1, 15.1.1,5,1,6.1,2,7.2.1,7.3.1,8.1,9.1,9.8.1 :3:7.4;.5:2:3,7:2:1-,7.3.1,7,4r7.4.1,8.3,9.5.1,99.7.1, 10.3.2, 10.4.1, 14.32, 15.1.5, 15.2.5 : 163;-'6.1.1_7:3`.9,.15:1,.15.2 PAGE'6 s 1.1 6,3.4, 3.5 .1;3.8.2,3.8.3,3.12,3.13.1,3.15.1,4.2.6,4.23,5.2.1,6.2.1,7.3.7,9.3.2,9.3.3,9.5.1:3, ' 9.10.2, 10:2,1, 10.2.4,44:2.1.1, 14.2.1.2 - 1 .3, 1.2.1, 12 ,1 :2;:2:2:3,22,-5,3.1,3.11,3.4.1,3,-5r3.5.1,3.7.1,3.10.1,3.12,3.14,4.2,6.2.2,7.1.3,7.3.5,8.2,9.5.1, 9.9.1, 10.2, 10:3;-12.2,14:2, 14.31 ,15:1.3 3:2.4,3:7.4,5:2,3,'7:2.1,7.3,:7:1,.9.5.1,9.7,7.4.1,9,5,1,9.7.1, 10.3.2, 10.4.1, 14.3, 15.1.5, 15.2.5 34-7-3.17.1,3.18,9:10.2403.3, 10.3.5, 10.3.6, 11.3.1.2, 11.3.7 2.1.2,2.2,3.2.2,3.12.4,3.12.10,6.1.3,6.1.4,6.2.5,9.6.1,9.6.4,9.9.2,9.10.3,10.3.3, 11.2.1, 11.4,13.5.1,13.5.2, 14.1.1.4, 14.14;-15.13; 9 3- 9:3.2,11:4.1.4 Insurance Companies,Consent to Partial Occupancy 9.9.1, 11.4.1.5 Insurance Companies,Settlement with • 9,9411.4.10 • Additions and Deletions Report for AIA Document A201,"—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlA®Document Is protected by U.S.Copyright Law and 3 International Treaties.Unauthorized reproduction or distribution of this AIA°Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by ALA software at 18:29:10 on 03/27/2013 under Order No.5783800624 1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) • ' 113, 1.16,3.4,3473.5.1 3.8.2,3.8.3,3.12,3.13,3.15.1,4.2.6,4.2.7,5.2.1,6.2.1,7.3.7,9.3.2,9.3.3,9.5.1.3,9.10.2, -10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 2.3A,3.2.2,3.5,3.12.10,3.17,3.5.1,3.12.10,3.17.1,3.18.1,4.2.6,4.2.7,4.2.12,6.2.2,9.4.2,9.6.4,9.6.7, 10.2.5, 10.3.3, 11.1.2, 11/.1 11.3.7, 12.2.5, 13.4.2 2.1.2,2.2,2.4,3.2.2,3.10,3.11,3.12.5,3.15.1,4.2.7,5.2,5.3.1,5.4.1,6.2.4,7.3,7.4,8.2,9,279.2.1,9.3.1,9.3.3,9.4.1, 9.5,9.6, 9.1.1 9.8,9.9,9.10, 11.1.3, 11.3.1.5, 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15 ,-VPAGE 1.13, 116, 1.'51,3.4.1,340.5.1 3.8.2,3.8.3,3.12,3.13.1,3.15.1,4.2.6,4.2.7,5.2.1,6.2.1,7.3.7,9.3.2,9.3.3, 9.5.1;3,.9.10.2, 10.2.1.2, 10.2A, 14.2.1.1, 14.2.1.2 r 111, 11 4,311;412;4.2.1,5.2.3,7,8.3.1,9,779.7.1 1032, 1131 2.3.1;/4.1-,34715.1 42.6 62.4 9.5.1 9.8.2 9.9.3 9.10.4, 12.2.1 - - 2.2.1,231,2A.1,3.2A, 3.7.2,142.9,5.2.1,97-779.7.1 9.10, 10.2.2, 11.1.3, 11A.6 12.2/.1, 13.3, 13.5.1, 13.5/, 14.1,14.2,15.18,15A.1- 2.3.1;14.1,3.3.1,19.2,3.12.9,3.1210,5.2.1,9,-779.7.1 9.10, 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1,13.3, 14, 15.2.8, 15:4.1 . 3.7.4,4L&102.8,15.1.2,15.4. • 2:1.2,2.2,3.2.2,3.12:10,6.1.3,6.1.4,6.2.5,9.3.2,9.6.1,9.6.4,9.9.2,9.10.3, 10.3.3,44,2711.2.1 11.3, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 151`,1:3: ▪ "r! 1.5, 23.3;2.4.1,3A.2,3.8.1,3.12.10,3.14.2,4.1.2,4.1.3,4.2A,4.2.9,5.2.1,5.2.4,5A.1,6.1,6,376.3.1 7./1, 73.484.2,8.31,9.3.1,9.3.2,9.5.1,9.6.4,9.9.1,9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, 12.3.1, 13.2.2, 14.3, 14A, 15t7 Owner's Loss of Use Insurance Additions and Deletions Report for AlA Document A201"'—2007.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law and 4 International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by ALA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 • (1635219833) 11.3.3 Owner's Relationship with Subcontractors , 1;1.1,-1.1.6, 1.1.7, 1.5,2.2.5,3.2.2,3.11.1,a�-.-1-'73.17.1,4.2.12,5.3.1 •L• � Sr ''4;2:5,7.3.9,9:279.2.1;9.3,9.4,9.5,9.63,94-9.7.1,9.8.5,9.10.1, 14.2.3, 14.2.4, 14.4.3 M1 i 4.2.9,:9:33,9:4,9:5,9.6.1,9.6.6,9-0.7.1,9.10.1,9.10.3, 13.7, 14.1.1.3, 14.2.4 LL 4.2.1,-4 2:9,.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 73.7:4,9.67„9.103; 11-:4.9,11.4 PAGE`S = 65:4:2;'9 3':1.3;'9.6:21.9.6.3,9.6:4,9.6.7, 11.4.8, 14.2.1.2 - ,rT ,�r,, ,..17 .7:4;'.9:6:7,9.10:1;11319 11.4 - Project,Definii of the • :3--3.5.1;-42:6, 12.2.1 .3.2.1 334—3.5x1.3:'2:6;,6;2;2,8.2.1,9.3.3,9.4.2,9.5.1,9.8.2,9.10.1 • 1.1.2,2.3,2.4 33:5:1,3.7.4,3.15.2,4.2.6,X5.3,5.4,6.1,6.3,7.3.1,8.3,9.5.1,9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, • 13:4, 14, 15.4:: - _• 1.4.1.2,3.10,3:12.1,3.12.2,6.13, 15.1.5.2 1:1.4,3.12.5,3.14.2,4.2.4,4.2.7,6,8.3.1, 11.4.7, 12.1.2 Additions and Deletions Report for AIA Document A201”'—2007.Copyright®1911,1915.1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law and 5 International Treaties.Unauthorized reproduction or distribution of this AlAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624 1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12:rev.3-26-13 (1635219833) Specifications,Definition of the -Speeifieefion3Specifications.The • 6.2:1,9.3.2, 10.2.1.2, 10:2.110.2.4, 11.4.1.4 4' 5:3,5.4,9.31.2,9.6,9.:10, 10.2.1, 11.4.7, 11.4.8, 14.1, 14.2.1 PAGE 9" - 6.1..1,'11.4:5.113:7 - + : 3.4.2,3:57-3:5:1, • • • • 5.4.1.1,11.4.9:`14 s • .3.2.4,3:7.4, 7,203.1,q--,477.4.1 8.3,9.5.1,9479.7.1, 10.3.2,-10.4.1, 14.3.2, 15.1.5, 15.2.5 • - • -2.1.2,2.2 2:4,3.2:2;3:10,3.11,3.12.50.15.1,4.2,4.4.4.5,5.2,5.3,5.4,6.2.4,7.3,7.4,8.2,9.2,9.3.1,9.3.3,9.4.1, 9.5,9.6,g.7,-;7,98,99c910, 1113, 11415, 11.4.6, 11.4.10,12.2, 13.5, 13.7, 14, 15.1.2, 15.4 • 9:10.5, 11.4.7;-13.4.2;-15.1:6 ' 9.93,9.10.3,9.10.4, 1143, 11.4.5, 11.4.7, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6 6.1.1, 11.4.5,-113.7 • ?35,4:!9,9.3.3,9.8.4,9.9.1,9.10.4, 12.2.2,1-3413.7.1 PAGE'10 2.3,2.4,3.3.1,3.9,3.12.9,3.12.10,5.2.1, 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, 15.4.1 Additions and Deletions Report for AlA Document A201' —2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlAe Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal 6 penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. . User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) • 1.1.1,2.3,3.9,7,8.2.2, 11.4.9, 12.1, 12.2, 13.5.2, 14.3.1, 15.1.2 PAGE 11 The Contract Documents are enumerated in the Agreement between the Owner and Contractor identified on page 1 of these-General Conditions(hereinafter the Agreement)and consist of the Agreement,Conditions of the Contract these General Conditions and any Supplementary Conditions or other Conditions), Drawings,Specifications,Addenda issued prior to execution of the Contract,other documents listed in the Agreement • and Modifications issued after execution of the Contract.A Modification is(1)a written amendment to the Contract signed by both parties,(2)a Change Order,(3)a Construction Change Directive or(4)a written order for a minor change in the Work issued by the Architect.Unless specifically enumerated in the Agreement,the Contract • Documents do not include the advertisement or invitation to bid,Instructions to Bidders,sample forms,other information furnished by the Owner in anticipation of receiving bids or proposals,the Contractor's bid or proposal,or portions of Addenda relatingto bidding requirements. The Contract Documents form the Contract for Construction.The Contract represents the entire and integrated agreement between the parties bete-and supersedes all prior negotiations,representations or agreements,either writtefinr oral._The Contract may be amended or modified only by a Modification.The Contract Documents shall not be construed to create-a contractual relationship of any kind(1)between the Contractor and the Architect or the Architect's.consultants,(2)between the Owner and a Subcontractor or a Sub-subcontractor,(3)between the Owner - and the Architect or the Architect's consultants or(4)between any persons or entities other than the Owner and the Contractor.The.Architect and the Contractor shall,however,be entitled to performance and enforcement of - , obligations of the other under the Contract intended to facilitate performance of the ehiteet' their respective duties. 'Theterr "Work"means the construction and services required of the Contractor 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. • Instruments of Service are representations,'. _ ••. _ - _._. .,_ .. - end-intangible-Drawings,Specifications,:and other documents,including those in electronic form,of the tangible creative work performed by:the.Architect and the Architect's consultants for the Project under their respective professional services agreements.Instruments of Service may include,without limitation,studies,surveys,models, sketches,drawings,specifications,and other similar materials. § 1.1.8 INITIAL DECISION MAKER PAGE 12 § 1.2.3 Unless otherwise stated in the Contract Documents,words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.Dimensions not expressly-provided in the Contract Documents are to be computed,rather than determined by scale or rule. - Terms capitalized in these General Conditions include those that are(1)specifically defined,(2)the titles of numbered articles or(3)the titles of other documents published by the American Institute of Arehiteetc.Architects,or substitute for those documents that may be used on the Project,or(4)the titles of or terms defined in the Owner's policies incorporated in these General Conditions. Additions and Deletions Report for AIA Document A201'11—2007.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlAe Document Is protected by U.S.Copyright Law and 7 International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) • §'2.1.2 • - • - . _ _ . . - - ••2.1.3 No officer director trustee shareholder member mana_er • er r-.resentative em.lo -e or aent of the - - Owner shall be personally responsible for any liability arising under this Agreement. §.2;2.1 Prior to commencement of the Work,the Contractor may request in writing that the Owner provide reasonable :evidence_that the Ownerlias made financial arrangements to fulfill the Owner's obligations under the Contract. Tliereafter„ate Contractor may only request such evidence if(1)the Owner fails to make payments to the Contractor the Contract Documents require;(2)a change in the Work materially changes the Contract Sum;or(3)the , ontractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due.The Owner shall'fu nish such evidence as a condition precedent to commencement or continuation of the Work or the . portion of the`Work affected by a material change. -• = e• .:= _ = e• -:= PAGE,13_ = § 2.2.3 Except to the extent required for execution of the Work and requested by the Contractor in writing,the Owner shall not furnish surveys,studies,or reports regarding physical characteristics,legal limitations and utility locations for the site of the Project,and-but shall provide 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 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. ... :.• ---_ . .. . . . . •- ••_ .. .. .. . . : .. . ;,”•. :. _ e• Section 4 2.3.tIf the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 fails to carry out Work in accordance with the Contract Documents, the Owner niavissue a written order to the Contractor to stop the Work,or any portion thereof until the cause for such - order has been eliminated:however,the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to-exercise this right for the benefit of the Contractor or any other person or entity,except to the extent -required by Section 6:1:3. §.2.3:2 The Owner's rights stated in this Section 2.3 are in addition to,and not in restriction of,the Owner's other rights,or-remedies,including without limitation Section 14.3. • f • If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness,the Owner may,without prejudice to other remedies the Owner may have, commence and continue to carry out the Work,including without limitation the correction of any Additions and Deletions Report for AlA Document A201'—2007.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document Is protected by U.S.Copyright Law and 8 International Treaties.Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) • 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. _. . ._ . .. _ ;:.: .:: :. . . _ •• .. - .If payments then or thereafter due the Contractor are not sufficient to cover such amounts,the Contractor shall pay the difference to the Owner.If the Contractor's default or neglect results in a hazard to the safev_of persons or property,the Owner may immediately commence or continue to cant'out any Work necessary to mitigate the hazard without prior notice to the Contractor. § 2.4.1.The Owner's right to carry out the Work in this Section 2.4 shall not give rise to any duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. I 2.5 The Owner may notify the Contractor that it needs to exclude or remove from the Project site any or all • employees,agents,suppliers,or representatives of the Contractor or its Subcontractors who threaten the safety of others or are disruptive to the Project or the Owner's operations.The Contractor will supply replacement personnel promptly after receiving notice of the exclusion or removal.Nothing in this Section requires the Contractor to take any particular employment or contract action with regard to an employee or Subcontractor. PAGE 14 - §-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 Contractor shall :- '_ - : -:- '-.=.::::• -' • - _:-. ._ _ :, s esignate in writing a representative who shall have express authority t•--bind the Contractor with respect to all matters under this Contract.The term"Contractor"means the Contractor or the Contractor's_authorized representative. § 3.1.1:1 The Contractor.and each of its Subcontractors must be licensed with the Oregon Construction Contractors 'Board at the•time:of solicitation of any work and throughout the entire course of the Work. The Contractor shall , maintain all.required bonding and insurance required by the State of Oregon throughout the entire course of the Work. § 3.1.1.2 The Contract is applicable to contractors who are owned or controlled by,or act as agents of,the Contractor for purposes of the Project. § 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 Owner or the Architect in the Arehitect administration of the Contract, or by tests,inspections or approvals required or performed by persons or entities other than the Contractor. • ; • 3.1`4-Unless OtherMse directed b the Architec the Contractor shall •erform all Work in accordance with •roduct manufacturers'recommendations or directions for best results. No preparatory step or installation procedure may be omitted unless specifically authorized by the Contract Documents or at the direction of the Architect.Conflicts among manufacturers'directions or the Contract Documents shall be resolved by the Architect. _ § 3.1.5 The.Ownerrepresents and the Contractor acknowledges the Owner's goal of the Project being designed and "_constructed_so.thatitis a"green"and sustainable development to the maximum extent practicable,given the nature and program of the Project and subject to the Owner's other Project goals.In this regard,the Contractor acknowledges the Owner's specific goals that the Project,to the maximum extent practicable,will be designed and built so that it could achieve a Leadership in Energy and Environmental Design("LEED")certification from the US Green Building Council at the silver certification level,as a minimum.As such,as part of the Work,the Contractor shall reasonably cooperate and collaborate with the Owner,the Owner's separate Contractors and consultants,and the Architect and its consultants in furtherance of achievement of the Owner's goals as referenced in this Section. § 3.2.1 = _ ... _. . ._ -• -- - .- . . _. _ .:. ._ _ .- --•- . - • -• -- - Prior to execution of the Agreement,the Contractor and each Subcontractor evaluated and satisfied themselves with the conditions and limitations under which the Work is to be performed-and - : . : . ._ _ _ •--• •:- .._. _.performed,including,without limitation(i)the location,condition,layout,and nature of the Project site and surrounding areas,(ii)generally Additions and Deletions Report for AIA Document A201 TM—2007.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlAe Document Is protected by U.S.Copyright Law and 9 International Treaties.Unauthorized reproduction or distribution of this AIA°Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) • • prevailing climatic conditions,(iii)anticipated labor supply and costs,(iv)availability and cost of materials,tools,and equipment,and(v)other similar issues.The Contractor shall be solely responsible for providing a safe place for the performance of the Work.The Owner shall not be required to make any adjustment in either the Contract Sum or the • Contract Time in connection with any failure by the Contractor or any Subcontractor to have complied with the requirements of this Section 3.2.1. ;§ 3:2.2 Because the Contract Documents are complementary,the Contractor shall,before starting each portion of the Work,carefully study and compare the various Contract Documents relative to that portion of the Work,as well as the information furnishedrby the Owner pursuant to Section 2.2.3,shall take field measurements of any existing conditions related to tlat:portion of the Work,and shall observe any conditions at the site affecting it.These 'obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors,omissions,or inconsistencies in the Contract Documents;however,the Contractor shall • • promptly report to the Architect any errors,inconsistencies or omissions discovered by or made known to the ' Contractor as a request for information in such form as the Owner or the Architect may require.It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise,specificallprovided in the Contract Documents. §'3.2:3 Tile Contractor is not'required to ascertain that the Contract Documents are in accordance with applicable laws, statutes,ordinances, codes,rules and regulations,or lawful orders of public authorities,but the Contractor shall • promptly'report to the Owner or the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. PAGE 15 ;3.2.57Unless otherwise ecified in the Contract Documents the Contractor shall confirm the location of each utili shall excavate and dispose-of each on-site utility.The Owner has made available to the Contractor,and the Contractor "has.;sttidied,the'results of such test borings and information that the Owner has concerning subsurface conditions and ?,site!Qeology. Atihe OwnerTs.request,the Contractor will make available to the Owner the results of any-other site ; iriesfigation;.analyses.studi'es,or other tests conducted by or that are in possession of the Contractor or any of its agents:The-Contractor's`hail exercise special care in executing subsurface work in proximity of known subsurface }.utilities,improvements,and easements. =3:2.6 Thet onhaotorhas a become familiar with the Project site and reviewed all anal es studies and test data available to the Contractor concerning the conditions of the Project site,(b)inspected the location of the Work and satisfied itself with the condition thereof including all structural,surface,and observed subsurface conditions,and (c)determined(i)thatthe Contract Sum is lust and reasonable compensation for all the Work,(ii)that the Contract Time-is adequate for the performance of the Work,and(iii)that the means and methods of performing the Work will not result in any lateral or vertical movement of any adjacent structure.The Contractor will notify the Owner in writing in advance of commencement of the Work if it determines that it cannot satisfy these conditions. The Contractor shall supervise and direct the Work,using the Contractor's best skill and attention.The Contractor shall besolely responsible for,and have control over,all 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 thejobsite 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 Owner or the Architect.If the Contractor is then instructed to proceed with the required means,methods,techniques, ?,segnences.or procedures without acceptance of changes proposed by the Contractor,the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means,methods,techniques,sequences . or procedures. Additions and Deletions Report for AlA Document A201"'—2007.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIAe Document Is protected by U.S.Copyright Law and 10 International Treaties.Unauthorized reproduction or distribution of this AIAe Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) § 3.3.4 The Contractor must notify the Owner at least ten(10)days prior to the interruption of any utility or operating system,regardless of the area it services.The specific schedule for all interruptions in services must be coordinated through the Owner's Representative. • 3.3.5 The Contractor and its Subcontractors ma not use the Owner's tools e•ui'men or materials unless . authorized in advance by the Owner's Representative. • 3.3:6 If the Contractor reasonabl believes that sus•ension of the Work is warranted b reason of unforeseen circumstances that could adversely affect the quality of the Work if the Work were continued,the Contractor shall immediately notify the Owner and the Architect and describe with particularity the reasons therefor.Except as stated -elsewhere in the Contract Documents or in an emergency,the Contractor shall not suspend the Work until it receives approval from the Owner. • 3.3.7 It is understood and a u eed that the relationshi. of Contractor to Owner shall be that of an inde.endent ' contractor under ORS 670.600.Nothing contained-in this Agreement or inferable from this Agreement shall be deemed or construed to:-(1)make Contractor the agent,servant,or employee of the Owner,or(2)create any partnership,joint venture,of other association between Owner and Contractor.Any direction or instruction by Owner - ; or any of its authorized representatives in respect to the Work shall relate to the results the Owner desires to obtain ,from.the Work,and shall in no way affect Contractor's independent contractor status. §-3.4.1 Unless otherwise provided in the Contract Documents,the Contractor shall provide and pay for all 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. § 3.4.21Except in the•case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8.or,.7:4,the Contractor may make substitutions only with the prior written consent of the Owner,after evaluation by the-Architect and in accordance with a Change Order or Construction Change Directive. §..3.4.3 The Contractor'shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work.The Contractor shall not permit employment of unfit persons or persons not properly skilled in:tasks assigned to them.It is the Contractor's responsibility to hire all personnel for the proper and diligent prosecution of the Work,and the`Contractor shall maintain labor peace for the duration of the Project. In the event of a labor dispute,the Contractor shall not be entitled to any increase in the Contract Sum. • 3.4.4 Including,but not limited to the specific requirements of Section 10.1.1,Contractor,its Subcontractors,and vendors shall bear responsibilitvfor compliance with all federal and state laws,regulations,guidelines,and ordinances pertaining to worker safety and applicable to the Work Contractor further recognizes that the Owner and Architect do not owe the,_Contractor any duty to supervise or direct Contractor's work•so as to protect the Contractor from the consequences of Contractor's own conduct. PAGE 16 - §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 the Contract Documents require or permit otherwise.The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in theguality of the Work the Contract Documents require or permit.Work,materials,or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes AddlUons and Deletions Report for AIA Document A2011"—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976. 1987.1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlAe Document Is protected by U.S.Copyright Law and 11 International Treaties.Unauthorized reproduction or distribution of this AlA®Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624 1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12:rev.3-26-13 (1635219833) remedy for damage or defect caused by abuse,alterations to the Work not executed by the Contractor,improper or insufficient maintenance,improper operation,or normal wear and tear and normal usage.If required by the Architect or the Owner,the Contractor shall furnish satisfactory evidence about the kind and quality of materials and equipment. • :3:5:2-If after 10 da s'notice the Contractor fails to .roceed to cure an breach of this warran the Owner ma have the defects corrected and the Contractor and its surety,if any,shall be liable for all expense incurred.In case of an • : emergency where,in the opinion of the Owner or the Architect,delay would cause serious loss or damage,if any corrective work may be undertaken without advance notice to the Contractor,but the Contractor and its surety shall remain liable for all expenses incurred.The remedies stated in this Section 3.5 are not exclusive,but are cumulative of any other remedies the'Owner may have. 4:3.5.3 Third-Party Warranties. • .1 The Contractor shall obtain from Subcontractors,manufacturers,and suppliers guarantees and • • -: warranties according to the Contract Documents with the optimum terms and longest periods reasonably obtainable.The documentation must also include all maintenance and operational documentation required to sustain said warranties. :2 All Qiiarantees or warranties of materials furnished to the Contractor or Subcontractor by any niantifacturer`or supplier shall be deemed to run for the benefit of the Owner. .3 All documents,rwarranties,record drawings,and other deliverables as required by Sections 3.11.1 and , • • V V 3.11.4 and the Contract Documents. .4 As a condition of Substantial Completion of the Project by the Owner,the Contractor shall deliver to • °:the Owner via the Architect three(3)bound volumes of all guarantees and warranties on material 'furnishe -by alimanufacturers and suppliers to the Contractor and all its Subcontractors,with duly •;>, executed insfruinents properly assigning the guarantees and warranties to the Owner.The guarantees • :: ° 'and warranties in each bound volume shall be grouped together by trade and properly indexed.The • Contractor actor shall assign to the Owner,and shall deliver to the Owner,all manufacturers'warranties not • Jitter than_the date of Substantial Completion. I ,3:5 4-The Contractorshall:and does:hereby assign to the Owner the benefits of all warranties and guarantees of all • •Subcontracfor's,but such assignment sliall:not relieve the Contractor of its warranty obligations to the Owner under this Agreement and other Contract Documents. • ,The Contractor shall;pay _ .. . • _ _ geese-effeetall necessarVslocal;county and state taxes,income tax,compensation tax,social security.and withholding payments as 'required by law. Contractor hereby RELEASES,INDEMNIFIES,AND HOLDS HARMLESS Owner from any and all claims and demands made as a result of the failure of Contractor or any Subcontractor-.to comply with the provisions of any or all such laws and regulations. § 3.7 ,L • • - - ' ` • - - ' - -PERMITS. FEES. NOTICES. AND COMPLIANCE WITH 'LAWS - :;§ 3.7.1 _ • -• -- ..•• - . .. __.. _ .. . .. - • The Owner will be responsible for filing and paying for building permits and all fees associated with the building permit,system development charges.impact fees,etc.The Contractor will be responsible for picking up all Project permits,and will have full responsibility for requirements of andpavments for all trade permits(i.e.,electrical,plumbing,mechanical). PAGE 18 § 3.7.5 It in the course of the Work,the Contractor encounters human remains or recognizes the existence of burial . markers,archaeological sites or wetlands not indicated in the Contract Documents,the Contractor shall immediately Additions and Deletions Report for AIA Document A201'"—2007.Copyright 01911,1915,1918,1925.1937,1951,1958,1981,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlA®Document is protected by U.S.Copyright Law and 12 International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) suspend any operations that would affect them and shall notify the Owner and Architect.For the purposes of these Contract Documents,the term"wetland"includes wetlands and water bodies subject to the federal Clean Water Act and parallel state and local rules,statutes,and regulations.Upon receipt of such notice,the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations.The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features.Requests for adjustments in the Contract Sum and Contract • Time,arising from the existence of such remains or features may be made as provided in Article 15. .1 Allowances-allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes,less applicable trade discounts; • _- .3 ever-whenever costs are more than or less than allowances,the Contract Sum shall be adjusted -• accordingly by-Change Order.The amount of the Change Order shall reflect(1)the difference between actual costs..and the allowances under Section 3.8.2.1 and(2)changes in Contractor's costs under Section 3:8.2.2. § 3:8.3'Materials and equipment under an allowance shall be selected by the Owner in sufficient'tiine to avoid delay in the Work • • § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work.The Contractor also will employ a competent Project manager to oversee performance of the Work. The Project Manager and the superintendent shall represent the Contractor,and communications given to the Project Manager or superintendent shall be as binding as if given to the Contractor. • • §-3.9.2 The Contractor,as soon as practicable after award of the Contract, shall furnish in writing to the Owner . throughithe Architect the name and qualifications of a proposed superintendent.The Architect or Owner may reply within 14-days.to the Contractor in writing stating(1)whether the Owner or the Architect has reasonable objection to • ' the proposed superintendent or(2)_=that the Architect requires additional time to review.Failure of the Architect or '- Owner to reply within the 14 day period shall constitute notice of no reasonable objection.The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. § 3.9.3.The - - - ... .= e ,, .. .... : .... _. :_ ._ . . ontractor's Project Manager,superintendent and assistants (and-any persons nominated-to-replace them)must be satisfactory to the Owner and the Owner may require the removal and replacement of any-or all of them upon 10 days'notice to the Contractor. So long as they remain employed by the Contractor,the Contractor may not otherwise remove or replace the project manager,superintendent., or assistants,or cause them-to leave the Project for any reason,including without limitation to work on other projects or take extended vacations,without 45 days'advance written notice to and the prior consent of the Owner.The Owner shall be consulted by the Contractor with respect to replacement personnel pursuant to the requirements of(new) 3.9.2. • PAGE 19 r § 3.10.3 The Contractor shall perform the Work in general-accordance with the most recent schedules submitted to the ;Owner and Architect. ' •.- - - 9 - .. . r a. Additions and Deletions Report for AIA Document A2017"—2007.Copyright®1911,1915.1918.1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlA®Document Is protected by U.S.Copyright Law and 13 International Treaties.Unauthorized reproduction or distribution of this AlA®Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624 1 which expires on 01/30/2014,and Is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) - - . ... Y. •. ., .. . .•_ - .n .. . ._ _ 3.11.1 The Contractor shall maintain at the site •for the Owner one record as-built 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 as-build documents shall incorporate all changes and substitutions to the Work,including without limitation changes or,su•stitutions arising from change orders,construction change directives,and details clarified by requests for —information,supplemental instructions or approved shop drawings.The Contractor's as-built documentation shall be available to the Architect and the Owner during the course of the Project. ' •-3:11.2 The Contractor shall maintain all au.roved .ermit drawin_s in a manner that will make them accessible at the .Project site to-governmental inspectors and other authorized agencies.All approved drawings shall be wrapped, • marked,and'de'livered to-the.Owner within 60 days of Substantial Completion. ' §r:3.11:3=T he.Co , ntractor must continuously maintain at the Project site all material safety data sheets,safety records, daily logs;hand other Contract documentation necessary to immediately ascertain the safety of the Work and to 'establish compliance with life safety policies,hazardous materials requirements,and the Contract Documents. •-3.11.4 The Contractor with-its Subcontractor will . • - draft record Contract Documents showin_all as-built conditions as required under Section 3.11.1 and the Owner's close-out policies and procedures(incorporated by reference in Section 1.7.1),and:submit them to Architect for review. Based on Architect's review and comments,if any;and pu rsuantto.the Owner.'_s close-out policies and procedures,Contractor will prepare and deliver to Owner • within 60 days of Substantid:Completion,final,accurate,and complete record Contract Documents,including ;twithout'limitation record Drawings and Specifications,showing the exact"as-built"conditions of the Work. • §=3.12.5'The Contractor Shall review for compliance with the Contract Documents,approve and submit to the Architect Shop Drawings;Product Data, Samples and similar submittals required by the Contract Documents in accordance with the submittal schedule approved by the Architect or,in the absence of an approved submittal ..schedule,with,reasonable,promptness.and in such sequence es-in order to cause no delay in the Work or in the ' " activities df dieiOwner or of separate contractors. -PAGE20 '' - 3.111 The Contractor shall confine operations at the site to areas permitted-bv applicable laws,statutes,ordinances,codes,rules and regulations,and lawful orders of public authorities :and the Contract Dociirrients:and shall not unreasonably encumber the site with materials or equipment. - § 3:13.2 Prior to commencement of the Work,the Contractor shall review the Project site with the Owner in detail and - - identify the ar'ea'of the Work,staging areas,connections or interfaces with existing structures and operations,and restrictions onthe Project site area.The Contractor will ensure that all forces on the Project site are instructed about the .acceptable working and staging areas and restrictions on use of the site.The Contractor,with advance consent of the -Owner,will erect-such barriers,signage,and devices as are necessary to restrict access to the Project site to approved personnel and to prevent unauthorized access by construction personnel to non-Work areas. § 3:13.3The Contractor and its Subcontractors shall receive prior approval from the Owner before delivering or storing any materials or tools on the Owner's premises.Upon approval,materials and tools will be stored so that they • do not hamper the operation of equipment or persons and do not present a fire or safety hazard. 6 3.13.4 Contractor and its Subcontractors shall not erect on the Project site any signage intended to advertise or promote their business without the prior written consent of the Owner. Additions and Deletions Report for AIA Document A201' —2007.Copyright®1911,1915,1918.1925,1937,1951,1958,1961,1963,1966,1970.1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIRY Document Is protected by U.S.Copyright Law and 14 International Treaties.Unauthorized reproduction or distribution of this AIRY Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AK software at 18:29:10 on 03/27/2013 under Order No.5783800624 1 which expires on 01/30/2014,and Is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) • 3.13.5 If the Contractor removes the Owner's •ro•e fixtures materials or other -•ui.ment to .erform the Work the Contractor shall be responsible for the safekeeping of all such property,fixtures,materials,or other equipment including without limitation assuring that such items are not lost, damaged,destroyed,and are upon the Owner's directive are either returned to their original location,reinstalled,replaced,or repaired as necessary. • 3.13.6 When all or a .ortion of the Work is •ended fore an reason the Contractor shall securel fasten down all coverings and protect the Work,as necessary,from damage by any cause. PAGE 21 § 3.15.1 The Contractor.shall-shall,each work day,keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. =.. . _, . - __ . ._ . - . • § 3.15.2 . . _ - -- - _ . ._. .:_ .,.= e - _ . .. e - :. _: :, '.:::.. _;;-: : :: . - _:- : :. : .At completion of the Work,the Contractor shall remove waste materials,rubbish,the Contractor's tools,construction equipment,machinery and surplus materials from and about the Project. ' • 3.15:3 If the Contractor fails to clean. is as .rovided in the Contract Documents the Owner ma do so and Owner shall:be entitled to reimbursement from the Contractor. i IL; a .. .... . •• . leeated ,1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. - • 3.16.2 Ke-s.The Contractor will be re .onsible for all k- s issued to it or its Subcontractors for mechanical or other - =locked rooms. Keys will be Obtained from the Owner and may not be copied,transferred,or used for any purpose other than prosecution of the Work. All-keys will be returned to the Owner at the conclusion of the Work and as a condition precedent-to final payment of the Contractor. If all keys are not returned and the Owner determines,in its reasonable-discretion,to rekev affectedlocks,the Contractor will pay the cost of rekeying all affected locks. This 'remedy is not exclusive of any other remedy of the Owner. The term"key"includes any device used to secure a room or areas in the Owner's premises,whether by mechanical,electronic,or other means. • $ 316.3 Identification.The Architect and its Consultants,the Contractor and its Subcontractors,and the employees and agents of any of them shall comply with the Owner's policies and requirements,if any,to obtain,display,and -return identification badges at any time while they are present on the Owner's property. PAGE 22 • § 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner,Architect, Architect's consultants,and agents and employees of any of them from and against claims,damages,losses and 'expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work, provided that such-claim,damage,loss or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property(other than the Work itself),but only to the extent caused by the negligent -acts or omissions of the Contractor,a Subcontractor,anyone directly or indirectly employed by them or anyone for wltose acts they-may be liable,regardless of whether or not such claim,damage,loss or expense is caused in part by a party-indemnified hereunder.Such obligation shall not be construed to negate,abridge,or reduce other rights or - obligations of indemnity that-which would otherwise exist as to a party or person described in this Section 3.18. $ 3.18.3 No indemnification or insurance provided by the Contractor under this Section 3.18 will be required to indemnify the Owner or its employees or agents to the extent of liability for death or bodily injury to persons or Additions and Deletions Report for AIA Document A201"1 2007.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document Is protected by U.S.Copyright Law and 15 International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by ALA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and Is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) • damage to property caused in whole or in part by their own negligence,but will require indemnity to the extent of the fault of the Contractor or those entities or persons for whom the Contractor is responsible. §.41.3 If the employment of the Architect is terminated,the Owner shall employ a successor architect as-te-with whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the -Architect. §'4.2.1 TheArchitect will provide administration of the Contract as described in the Contract Documents and will be an Owner's'representative during construction until the date the Architect issues the final Certificate for-For Payment. The Architect will'li ive authority to act on behalf of the Owner only to the extent provided in the Contract Documents. ,: § 4.2r2 The Architect will visit the site at intervals appropriate to the stage of construction,or as otherwise agreed with the Owner,16-6ei,eme-genefai:ly-flj to become familiar with the progress and quality of the portion of the Work completed, : . . ._•= • _ =, .• • •.= 2 to• d the Owner against defects and deficiencies in the Work,and(3)todetermine 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 not have control over,'charge of=or responsibility for,the construction means,methods,techniques,sequences or procedures,or forthe safety precautio ns:and programs in connection with the Work,since these are solely the Contractor's rights and • 'responsibilities under the Contract Documents,except as provided in Section 3.3.1. ,§ 4:2:3.On the basis of the-site,visits,the Architect will keep the Owner reasonably informed about the progress and ,.quality,of the portion of the Work completed,and report to the Owner(1)known-deviations from the Contract Documents-and from the most recent construction schedule submitted by the Contractor,and(2)defects and deficiencies ebse ved-inithee Work.The Architect will not be responsible for the Contractor's failure to perform the Work in.accordance with the requirements of the Contract Documents.The Architect will not have control over or . Charge-of and-will not be,:re f sponsible_for acts or omissions of the Contractor, Subcontractors,or their agents or einployees,.or any other`persons:or entities performing portions of the Work. PAGE=23 • Except as-otherwise provided,intlie Contract Documents or when direct communications have been specially authori2,ed;_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.All communications involving a change in the cost of The Work must be copied to the Owner. • iJt §.4.2.7 The Arch teef 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 inaccordance with the submittal schedule approved by the Architect or,in the absence of an approved submittal schedule, in a manner not to cause delay in the Work 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 substantiatingiinstructions for installation or performance of equipment or systems,all of which remain the responsibility of the Contractor as required by the Contract Documents.The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3,3.5 and 3.12.The Architect's review shall not constitute approval of safety precautions or,unless otherwise specifically stated by the Architect,of any Additions and Deletions Report for AlA Document A201",—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlAe Document Is protected by U.S.Copyright Law and 16 International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and Is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) 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. PAGE 24 § 4.2.13 ■ - : . .�. - [Deleted! §-4.2.14 The Architect will review and respond to requests for information about the Contract Documents.The • Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with in a manner not to cause delay in the Work.If appropriate,the Architect will prepare and issue • supplemental Drawings and Specifications in response to the requests for information. -§:5.2.1 EtJnless°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 Owner or the Architect may reply within 14 days to the Contractor in writing stating(1)whether the Owner or the Architect has reasonable objection to any such proposed person or entity or(2)that the Architect requires additional time for review.Failure of the Owner or Architect to reply within the 14 day 14 day period shall constitute notice of no reasonable objection.Failure of the Owner to object to a Subcontractor does=not imply approval of specific products or materials. • .•- _ e - -•- • -•.. . . - :_. _ - - --'- - ■-- • 5.3.1 B appropriate written a eemen the Contractor shall r uire each Subcontractor,to the extent of the Work to be performed by the Subcontractor,to be bound to the Contractor by terms ofthe Contract Documents,.and=to assume toward the Contractor all the obligations and responsibilities,including the -responsibility for safety of the Subcontractor's Work,which the Contractor,by these Documents,assumes toward the Owner and Architect.Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting -thereof will not prejudice such rights,and shall allow to the Subcontractor,unless specifically provided otherwise in the subcontract agreement,the benefit of all rights,remedies and redress against the Contractor that the Contractor,by the Contract Documents,has against the Owner.Where appropriate,the Contractor shall require each Subcontractor to - :enter into similar agreements with Sub-subcontractors.The Contractor shall make available to each proposed Subcontractor,prior to the execution of the subcontract agreement,copies of the Contract Documents to which the Subcontractor will be bound,and,upon written request of the Subcontractor,identify to the Subcontractor terms and • conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors.\ PAGE 25 Additions and Deletions Report for AlA Document A201^'—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document Is protected by U.S.Copyright Law and 17 International Treaties.Unauthorized reproduction or distribution of this AlAe Document,or any portion of It,may result in severe civil and-criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 or stoppage of the Work by the Owner pursuant to Section 2.3.1.and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing;and ---§ 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.If the Contractor claims that delay or additional cost is • involved because of such.action by the Owner,the Contractor shall make such Claim as provided in Article 15. PAGE 26 §:,6.2.2 ff part of the Contractors 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 tofle Architect and'the,Owner apparent discrepancies or defects in such other construction that would render it unsuitable for such proper,execution and results.Failure of the Contractor to so 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-te-for defects not then reasonably discoverable. § 623 The-Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor F; because of the Contractor's delays,improperly timed activities or defective construction.The Owner shall be - responsible_to the;Contractor for costs the Contractor incurs because of a separate contractor's delays,improperly -_- •' timed activities;damage to the;Work or defective construction.All construction costs resulting from Contractor's -. negligence,lack Of inattention to detail,failure to investigate or failure to follow the Construction - Documents or Contract Documents will be borne by the Contractor. '§ .6.2.4-The Contractor shall-promptly remedy damage the Contractor wrengfally-causes to completed or partially completed construction or to property of the Owner,separate contractors as provided in Section 10.2.5.If a separate contractor initiates legal-or:kw other proceedings against the Owner on account of any damage alleged to have been caused by the Contractor:the•Owner shall notify the Contractor,who shall defend such proceedings and - indemnify the-Owrier-against any judgment or award,including without limitation costs and attorney fees. If a dispute arises an'iong the Contractor,separate contractors'and the Owner es-te-about the responsibility under their • respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish,the Owuer'may clean up and the Architect will allocate the cost among those responsible. § 7.1.1 Changesin.the Work may be accomplished after execution of the Contract,and without invalidating the Contract,by Change •• : , -....-._.: _- ' _-, _ . . :_ _ -- - - : • - _ • • der or •Construction Change`Directive, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. -;§ 7:12A Change Order shall be based upon agreement among the Owner,Contractor and Architect;a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Conimeter;•-. •, • :. . -. - .. _ ., .._ . :. •. ... . ... . ... ._. .•_._• ontractor. § 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 Orderr der or Construction Change Directive. • Additions and Deletions Report for AIA Document A201" —2007.Copyright O 1911.1915,1918,1925,1937,1951,1958,1981,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.NI rights reserved.WARNING:This AlAe Document Is protected by U.S.Copyright Law and 18 International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AM software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) 7.2.2 Before a•'royal of a Chan•e Order and u.on r-s uest of the Architect or the Owner the Contractor will produce copies of all bids or other proposals,including those from Subcontractors and Sub-subcontractors,related to the work proposed to be performed pursuant to the Change Order. 7.2.3 Agreement on an y Change Order shall constitute a final settlement of all matters relating to the changes in the Work that is the subject of the Change Order,including without limitation all direct and indirect costs associated with such change and any and all adjustments to the Contract Sum and the construction schedule. PAGE 27 ''§ 7:3.2 A Construction Change Directive shall-may be used in the absence of total agreement on the terms of a Change Order. § 7.3.5 Upon receipt of a�Construction Change Directive,the Contractor shall promptly proceed with the change in the Work involved and advise the Architect and Owner 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. • § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change,including,in case of an increase in the Contract Sum,an amount for overhead andprofit as set-€oriht-defined in Section 7.5 of the Agreement,or if no such amount is set forth in the Agreement,-a reasonable amount.In such case,and also under Section 7.3.3.3,the Contractor shall keep and present, • in such form as the Architect may prescribe,an itemized accounting together with appropriate supporting data.Unless otherwise provided in the Contract Documents,costs for the purposes of this Section 7.3.7 shall be limited to the following: 4 • _. .. - ... ... permit fees taxes,and increased costs of bonds and insurance(if such increases are necessitated by the . - Construction Change-Directive related to the Work;and .PAGE 28 . § 7.5 AGREED OVERHEAD AND PROFIT RATES § 7.5.1 For any adjustments to the Contract Sum that are based on other than the unit prices method,the Contractor .agrees to charge,and accept,as payment for overhead and profit,the following percentages of costs attributable to the change in the Work: .1 Ten percent(10%)for Work by the Contractor not involving Subcontractors; .2 Five percent(5%)for the Contractor for Work performed by Subcontractors; .3 When both additions and credits are involved in any one change,the allowance for overhead and profit shall be figured on the basis of the net increase,if any; .4- For additional Work ordered as described above that will be executed by Subcontractors,it is agreed • - that the Subcontractors will be permitted to charge ten percent (10%) for work not involving the Sub-subcontractors and five percent(5%)for Work by Sub-subcontractors. .5 Overhead, as used in this section, shall include all home office and site expenses not directly attributable to the change. Additions and Deletions Report for MA Document A201"'—2007.Copyright®1911,1915,1918,1925,1937,1951,1958.1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document Is protected by U.S.Copyright Law and 19 International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624 1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) • 7.5.2 Overtime when •ecificall authorized b the Owner and not as an Extraordin. Measure shall be .aid for b the Owner on the basis of premiumpavment only,plus the cost of insurance and taxes based on the premium payment ' ` period.The Owner will not pay overhead and profit for overtime. PAGE 29 - -;, • • §'.83.1 If the Contractor is delayed at any time in progress of the Work by an act or negleet-of negligence of the Owner or the Architect,or of an employee of either,tither involved in the Project,or of a separate contractor employed by the ' •. , _ - ,-. _: ._ =: .. _ :__ _, -. =-, ,, , .•, -•.... ._ . •, by changes ordered in the Work,or by occurrences beyond the control and without the fault or negligence of the • ;Contracfor.of its Subcontractors and that by the exercise of reasonable diligence the Contractor is unable to prevent or provide against,including industry-wide labor disputes,fire,unusual and extended delays in deliveries,unavoidable casualties,adverse weather conditions not reasonably anticipated,or other occurrences that the Owner determines may justify delay,then the Contractor may obtain an extension of the Contract Time only upon satisfying the prerequisite conditions of(a)compliance with Subparagraph 15.1.3 of the General Conditions and(b)presentation to the Owner • and the Architect-of written notice of the request for an extension of the Contract Time as provided in Subparagraph • 15.1.5:1.The Contract Time may under these circumstances be adjusted by Change Order for the additional time actually arid-directly caused by the unforeseen occurrence.The extension will be net of any delays caused by or due to tfie.fault or_negligence of the Contractor and will also be net of any contingency or"float"time allowance included in • tlie.Project Schedule._Inthe event delays in the Work are encountered for any reason,the Owner and Contractor shall undertake reasonable'steps to mitigate the effect of such delay. § 8:3.2 - ••-- - . .. - ,.,: . ._ . ...: . .. .: .. . ...•. . . . . .. -: _ .The Contract Time is set with reference to and knowledge of weather conditions usual to the area of the Project.To justify an • excused delay in the Contract Time,adverse weather conditions not reasonably anticipated for purposes of ti Subparagraph-81.1 ratlike the presence of abnormally severe or unsafe working conditions on the site that have a is • material,adverse.effect-on-the scheduled Critical Path Work activities. •• §.8.3.3 ":. _- _ ._ . : , _ .If the delay wasncaused by any public entity other than the Owner and not caused by the Owner, the Contractor,a Subcontractor of any tier,the Architect,or anyone acting on behalf of one or more of them,the Contractor is entitled onlv'to:an increase in the Contract Time(but not a change in the Contract Sum). If the delay was causedby the Contractor,a Subcontractor of any tier,or anyone acting on behalf of one or more of them,the • Contractor is•not entitled to anincrease in the Contract Time or Contract Sum. 1;8.3.4 The Contractor shall not in any event be entitled to damages arising out of actual or alleged loss of efficiency; _morale;fatigue,attitude,or labor rhythm;constructive acceleration;home office overhead;expectant under-run;trade stacking;reassignment of worker-s;concurrent operations;dilution of supervision;learning curve;beneficial or joint occupancy; logistics ripple;season change;extended overhead;profit upon damages for delay;impact damages;or similar damages": • -4 r 'L Where the Contract is based on a stipulated sum or Guaranteed Maximum Price,the Contractor shall submit to the Architect,Architect and the Owner,before the first Application for Payment,a schedule of values allocating the entire Contiacx;Siun to the various portions of the Work and prepared in such form and supported by such data to substantiate rts'accuracy as the Architect and the Owner may require.This schedule,unless objected to by the Architect,shall be F used=a§-a basis for reviewing the Contractor's 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 prepared in accordance with the schedule of values,if required under Additions and Deletions Report for AIA Document A201"1—2007.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA°Document Is protected by U.S.Copyright Law and 20 International Treaties.Unauthorized reproduction or distribution of this AIA°Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) Section 9,27-9.2.,for completed portions of the Work. Such application shall be notarized,if required,and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require,such as copies of requisitions from Subcontractors and material suppliers,and shall reflect retainage if provided for in the Contract Documents. PAGE-30 • '9:3.1.3 Each A..lication for Pa rent shall be accom.anied b the followin all in form and substance satisfacto to the Owner: .1 Contractor's duly executed release of lien and bond claims,including a conditional release for the current Application for Payment and an unconditional release for all prior Applications for Payment. .3 .2 All information and materials required to comply with the requirements of the Contract Documents. ..3 Owner may, at its option,request documentation from the Contractor evidencing that Subcontractors, . - Sub-subcontractors,and suppliers of every tier have provided the requisite conditional and - unconditional releases to the Contractor for each Application of Payment. 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 Project site for subsequent incorporation in the Work.If approved in . advance by the Owner,,paymentmay similarly be made for materials and equipment suitably stored off the site at a location agreed upon;in writing.=Payment for materials and equipment stored on or off the site shall be conditioned _ • upon compliance by 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 § 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 shell;-te _ hall be free and clear of liens,claims,security interest`s=or encumbrances in favor of the Contractor,Subcontractors,material suppliers,or other persons or entities making a claim by"reason of having provided labor,materials and equipment relating to the Work. § 9.3,4 Retainage will'be withheldat a rate of five percent(5%)in accordance with ORS 279C.570. :PAGE 31 ,3 -failure of the Contractor or Subcontractor to make payments properly to Subcontractors or for labor, materials or Pll? n'ui e �1 . _ .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;er .7. repeated failure to carry out the Work in accordance with the Contract Documents .8- failure to maintain current safety and as-built documents as required by Section 3.11;or .9 "' failure to train personnel on the Project site in required safety procedures as required in the Contract Documents. • • $ 9.5:4 Ifthe Contractor disputes any determination by the Architect with regard to an y Certificate of Payment,the 'Contractor nevertheless shall expeditiously continue the Work. PAGE 32 Additions and Deletions Report for AlA Document A2017"—2007.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlA®Document is protected by U.S.Copyright Law and 21 International Treaties.Unauthorized reproduction or distribution of this AlAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by ALA software at 18:29:10 on 03/27/2013 under Order No.5783800624 1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) • • _ r. - "? L, ._ . . .... _ .. - _ _ • ._.• 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:Documentsgthe amount certified by the Architect or awarded by binding dispute resolution,then the Contractor may;upon seven additional days' written notice to the Owner and Architect,stop the Work until payment of the amount-owing has been received.The Contract Time shall be extended appropriately and the Contract Sum shall • fx::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. �§ 9.7.2'Failure of payment does not exist under Section 9.7.1 if the Owner exercises authority granted by the Contract ' documents to withhold payment notwithstanding certification by the Architect. u • .1 As pail of the final Application for Payment,the Contractor shall assemble for the Architect's approval - within thirty(30)days of Substantial Completion three(3)complete bound copies of all operation, maintenance,.and:warranty data from all manufacturers whose equipment is installed in the Work.The final Certificate for Payment will not be issued by the Architect until all warranties and guaranties have • -been received and accepted by the Owner. § 9:8.2 When the Contractor!considers that the Work,or a portion thereof which the Owner agrees to accept s aratel is substantially com lete the Contractor shall prepare and submit to the Owner or the Architect a eP Y� ,.complete, PfeP comprehensive listUf items.to be completed or corrected prior to final payment Failure to include an item on such list , does not alter theresponsilnlity of the Contractor to complete all Work in accordance with the Contract Documents. PAGE 33 §"9.9.1 The Owner--inay occupy or useany completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor,provided such occupancy or use is consented to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project.Sucli 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, _setainage,if any,-security,maintenance,heat,utilities,damage to the Work and insurance,and have agreed in writing •;._concerning the period for correction of the Work and commencement of warranties required by the Contract :`Documents.When the Contractor considers a portion substantially complete,the Contractor shall prepare and submit a list to the Owner and the:4rchitect as provided.under Section 9.8.2.Consent of the Contractor to partial occupancy or use shall not be unreasonal%y 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. .1 In the event that final completion is not accomplished within 60 days after the date of Substantial - Completion due to any fault of the Contractor,the Owner may withhold from any subsequent progress payments and from the final payment 150 percent of the reasonable cost of the unfinished Work necessary to attain final completion.Such funds are to be paid pro rata following successful completion • of the unfinished Work if the Work is done by the Contractor.In the event that the Contractor fails to -• - _ complete the Work necessary to attain final completion,the Owner may,without waiving any other remedies it may have,complete the Work and deduct the actual cost thereof from the funds withheld. The Owner shall not withhold any amount under this section relating to Work arising from Change Orders or Construction Change Directives issued following the date of Substantial Completion. - Additions and Deletions Report for AIA Document A201"'—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlAe Document Is protected by U.S.Copyright Law and 22 International Treaties.Unauthorized reproduction or distribution of this AlA®Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) • PAGE 34 .2 failure of the Work to comply with the requirements of the Contract Documents;er .3 terms of :_:': :•- :•-:-- _:•:. -: :. : := •_ _-...warranties required by or included in the Contract Documents;or .4 the correction remedy allowed by Section 12.2. __ .. - _ __, --. :..__ _ _ __ . ._ • 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. The Contractor-acknowledges the unique safety risks associated with construction of school facilities in the presence• of faculty,students,staff,and visitors. • 10.1.2 This Contractinco ..rates b this reference an Owner's safet .olicies current as of the date of commencement of the Work,which have been or will be made available to the Contractor.The Contractor,as a condition precedent to commencement of the Work,will instruct all personnel of the Contractor and its Subcontractors,prior.to their performing any of the Work,of the elements of these policies with which the personnel will be required to comply.Notwithstanding any other provision of the Contract Documents,the Contractor's(or any - -Subcontractor's)failure to perform adequate safety training is grounds for the Owner's immediate suspension of the • 'Work at the Contractor's sole expense and may result in cancellation of the Contract. 4 10.1.3 In addition to the•policies identified above,the Contractor shall review with all Subcontractors the methods, materials,tools,and equipment to be used to verify their compliance with all safety standards and laws and the - �,';Contractor shall be responsible for compliance with them,to ensure safe,hazard-free conditions for all persons visiting or working on the entire Project site and the Owner's adjoining facilities. 4 10.1.4 The Contractor will develop a fire response plan consistent with that of the Owner,which will be strictly enforced-by the Contractor's:project safety officer and the Owner.The Contractor will supply fire extinguishers in sufficient size and quantity,distributed throughout the Project site,to maintain a safe working environment. 4-10,1.5 The Contractor will ensure that all equipment furnished and installed is rated by Underwriters Laboratories or another-method-approved by the state testing laboratory or the Owner,as appropriate. • § 10.1.6 Smoking is not permitted.on Owner's property. • § 10.2.1 The Contractor shall take all necessary reasonable precautions for safety of,and shall provide reasonable protection to prevent damage,injury or loss to .1 employees on the-Work the Work,the Owner's faculty, staff,students,and visitors and other persons who.maybe 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-sabcontractors;end .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 .•-eenstfuetien7constructi'on;and .4 adjoining operations of the Owner. PAGE 35 § 10.2.3 The Contractor shall erect and maintain,as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection,including installing fencing and posting danger signs and other warnings against hazards,promulgating safety regulations and notifying owners and users of adjacent sites and Additions and Deletions Report for AIA Document A201 761-2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document Is protected by U.S.Copyright Law and 23 International Treaties.Unauthorized reproduction or distribution of this AlA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AM software at 18:29:10 on 03/27/2013 under Order No.5783800624 1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) • utilities.The Contractor shall also be responsible,at the Contractor's sole cost and expense,for all measures necessary to protect any property adjacent to the Project and improvements therein.Any damage to such property or - improvements shall be promptly repaired by the Contractor.Contractor shall provide reasonable fall protection safeguards and provide approved fall protection safety equipment for use by all exposed Contractor employees. ,§_1.0.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are *necessary for execution of the Work,the Contractor shall exercise utmost care and carry on such activities under _'supervision of properly qualified personnel.The Contractor must obtain advance approval before proceeding with the - - storage or use of explosives or hazardous materials for performance of the Work. : § 10,2.5 The Contractor shall promptly remedy damage and loss(other than damage or loss insured under property -insurance required byte Contract Documents)to property referred to in Sections 102.1,2 and '�Tthrough 102143 caused in whole or in part by the Contractor,a Subcontractor,a Sub-subcontractor,or anyone directly or .0 idirectly:employed byany of them,or by anyone for whose acts they may be liable and•for which the Contractor is i sponsible'under Sections 10,2.1.2 and 10.2.1.3,except through 10.2.1.4,except to the extent 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 of the Contractor are in addition to the Contractor's obligations under Section • 3.18.. • i,:1:02.6 The,contractor sn•all designate a responsible member of the Contractor's organization at the site whose duty shii7l be tli prevention of accidents This person shall be the Contractor's superintendent or designated safety officer - , ` unYess otherwise designated by-the Contractor in writing to the Owner and Architect. ' § 1027 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition TlieContractor will ensure that storagepractices on the Project site will keep combustible load'levelsat a.minimum andqn'approved containers that are clearly labeled.The Contractor will provide material :safety data.sheets.to the Owner's Representative for all chemicals used on the Project site I i'1'0:2 9 i' eContractor must ensure thatall existing or operating systems,utilities,and access avenues are on and in . .,.operating condition,befoiie leaving theProiect site each day. If any system,utility,or access avenue will not be - operable.the Contractor must notify he"Owner's Representative before the Contractor may leave the Project site that .• -day. :r ;,- . �. r • 1'0:2:10 Without lunitin• an -other r-•uirement of this Section 10.2 the Contractor shall .rotect ad'oinin• •ro. :and:shallprovide barricades.temporary',fences,and covered walkways required to protect the safety of passers-by,as :required byprudent constructionpiactices,local building codes,ordinances,or other laws,or the Contract Documents. 410:2.11 Without limiting any other requirement of this Section 10.2,the Contractor shall protect adjoining property and shall provide barricades,temporary fences,and covered walkways required to protect the safety of passers-by,as required by prudent construction practices,local building codes,ordinances,or other laws,or the Contract Documents. The Contractor:shall be responsible,at the Contractor's sole cost and expense,for all measures necessary to protect any prope'Er:adjacent to the Project and improvements thereon.Any damage to such property or improvements shall be promptly repaired by the Contractor. • 10.2.12 Without limitin•an other r=•uirement of this Section 10.2 the Contractor shall maintain Wo materials ,.,-.and-apparatus free from damage from rain,wind,storms,frost,and heat.If adverse weather makes it impossible to r ^continue.operations safely in spite of weather precautions,the Contractor shall cease Work and notify the Owner and - - •the Architect of such cessation.The Contractor shall not permit open fires on the Project site -, ,§ 10:2:13 Without limiting any other requirement of this Section 10.2,the Contractor shall,at its sole cost and expense, promptly repair any unintended damage or disturbance to walls,utilities,sidewalks,curbs,and the property of third parties(including utility companies and governments)resulting from the performance of the Work,whether caused by the Contractor or by its Subcontractors at any tier.The Contractor shall maintain streets in good repair and traversable • condition. Additions and Deletions Report for AIA Document A201111—2007.Copyright®1911,1915.1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.NI rights reserved.WARNING:This AIAe Document Is protected by U.S.Copyright Law and 24 International Treaties.Unauthorized reproduction or distribution of this NA®Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624 1 which expires on 01/30/2014,and Is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) § 10,3,1 - :-: .. _- ... .. .. .. _ . . _ _ • '_.. .: . .... _ • a, - _ : . - -_ _. :, _.: :. _ __-- _ __ _. ,_, . .._ e• •-- ..• -.Hazardous Materials as that term is defined under Section 10.3.6.With respect to Hazardous Materials to be used during the course of the -Work,the Contractor will implement and enforce a program to inventory and properly store and secure all Hazardous 'Materials that may be used or present on the Project site,maintain available for inspection at the Project site all material safety data sheets,and comply with all regulations required by law for the storage,use,and disposal of Hazardous Materials.The program must provide for notification of all personnel of potential chemical hazards. Review of these•hazards'.must be included in the Contractor's safety training program.The Contractor shall submit to the Owner a list of all Hazardous Materials to be brought by the Contractor or its Subcontractors onto the Owner's property,including the purpose for their use on the Project. § 10.3.2 _::- - '- -• - - - ee •- - .. .... - -• '. _: . . ._- -•• _ .... ... •: ,: - _, ..,.,. :-. ._ - . .--.. .: r._ _ - ._•. _ ..•, _. •. .„ - • e e. -:-• •::-: :•:: -.._ .. . • a-:• •.. _ .. --- - -•- --- -__ t _ ,. ...--._. -- • stIn the event of=a release or discovery of a preexisting release of Hazardous Materials,or if it is foreseeable that injury or death to persons may occur because of any material or substance(including without limitation Hazardous Materials)encountered.on the Project site,the Contractor shall immediately (1)stop the Work or the portion of the Work-affected,(2)notify the Owner and the Architect orally and in writing,and(3)protect against exposure of R 5. k'};-,1 ;,persons to the Hazardous Materials.-The Contractor shall provide all written warnings,notices,reports,or postings required:at law or by contract for the existence,use release,or discovery of Hazardous Materials. § 10.3.3 •_. _ . ... ._. : , .ce ••_ ,. . _ - , ,. . ' e - With respect to any Hazardous Materials or other material or substance reported to the Owner under Section 10.3:2 that was not introduced to the Project site by the Contractor or its Subcontractors of any tier,the Owner shall obtain the services of a qualified environmental consultant 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 it to be rendered harmless.Unless otherwise required by the Contract Documents,the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests —, - verifyingthe presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance.The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner.If either_the Contractor or Architect has an objection to a person or entity proposed by the Owner,the Owner shall • propose another-to whom the Contractor and the Architect have no reasonable objection.When the material or substance has been rendered harmless,Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order,the Contract Time may,subject to agreement by he Owner and the Contractor,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 asprovided in Article 7. Additions and Deletions Report for AlA Document A201' —2007.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlA®Document is protected by U.S.Copyright Law and 25 International Treaties.Unauthorized reproduction or distribution of this AlA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and Is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) 10.3.3.1 With r-.sect to an Hazardous Materials or other material or substance r-.orted to the Owner under Section 10.3.2 that was introduced to the Project site by the Contractor or its Subcontractors of anv tier,the Contractor - - shall:be.'responsible to carry out the duties of(1)proposing to the Owner and the Architect a qualfied environmental consultant,(2)obtaining and paving for the services of the environmental consultant,and(3)verifying that the material is rendered harmless,as otherwise set forth in Section 10.3.3.The Contractor will not be entitled to an increase in the Contract Sum as stated in the last sentence of Section 10.3.3 if the Contractor or its Subcontractors of aiiv.tier are responsible for the condition requiring the testing of the material and the stoppage of the Work. - Remediation work must be conducted by properly qualified contractors approved in advance by the Owner.Generally, the-Owner may at its option contract directly with environmental consultants,and remediation contractors,regardless of whether the work Will be performed at the Contractor's expense. ' § 10.3.4 - e• :.. _ .. ._ .... _-_,_. :, .. - . . . • •' _ .. .. _ .. . ...::•••• . . , .... _-.. ..-To the fullest extent permitted by law,the Owner • ' shall indemnify andhold harmless the Contractor,Subcontractors,Architect,Architect's consultants and agents and ernplo`vee :of any.of them from and against claims,damages,losses and expanses,including without limitation ' attorney fees,arising out of or resulting from performance of the Work in the affected area if in fact the material or substance-was not introduced to the Project site by the Contractor or its Subcontractors of any tier,presents the risk of bodil} njutv.or>death as described in Section 10.3.1 and has not been rendered harmless. - ;' No indemnification provide lIv'the Owner under this Section 10.3.4 will be required to indemnify the Contractor, ' `iibcontractors,"or their eriiployees or agents to the extent of liability for death or bodily injury to persons or damage to property causedin whole oriel part by the Contractor's own negligence,but will require indemnity to the extent of the fault ofhe.Owner omits agents or representatives. § 11035 _ = e• - -.. •• :er=tregligeaee7To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the Owner,the Owner's:Representatives,-and employees of any of them from and against claims,damages,losses,and expenses, ' -including.without1imitation to attorney fees,arising out of or resulting from performance of the Work in the affected area ifin factthe material or substance was introduced to the Project site by the Contractor or its Subcontractors of any • -tier,presetts the risk of bodily injury or death,and has not been rendered harmless.No indemnification provided by - - the Contractor under this Section 10.3.5 will be required to indemnify the Owner or its agents or representatives to the eieteritiof liability for death or bodily injury to persons or damage to property caused in whole or in part by the Owner's own nekligence,but will require indemnity to the extent of the fault of the Owner or its agents or representatives. -Ye. - - .Hazardous Materials are any substance defined or designated as being radioactive,infectious,hazardous,dangerous,or toxic by ,=any federal,state,or local statute,regulation,or ordinance presently in effect or subsequently enacted.For purposes of • • :Section 103,the:erm"introduce"means the physical placement or transportation of Hazardous Materials in or on the •Project site regardless of whether the Hazardous Material was specified,required,or otherwise addressed in the Contract Documents. - PAGE 37 . In an emergency affecting safety of persons or property,the Contractor shall act .t„•r„_.._...eter+.,a:..,_otio__,act to prevent threatened damage,injury or less:loss and immediately notify the Owner.Additional compensation or - extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. Additions and Deletions Report for AIA Document A201"1—2007.Copyright®1911,1915,1918.1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIAe Document Is protected by U.S.Copyright Law and 26 International Treaties.Unauthorized reproduction or distribution of this AlAe Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014.and Is not for resale. User Notes:A201-2007 TTSD Template 2-14-12:rev.3-26-13 (1635219833) • .4 Claims for damages insured by usual personal injury liability eever$ge;coverage and commercial general liability coverage(or its equivalent as approved in advance by the Owner); .7 Claims for bodily injury or property damage arising out of completed operations;and .8 Claims involving contractual liability insurance applicable to the Contractor's obligations under Section 34-8-3J 8. .9 claims for third-party injury and property damage(including without limitation clean-up costs)as a result of pollution conditions arising from the Contractor's operations or completed operations:and • .10 claims involving the Contractor'sprofessional liability,solely to the extent that the Contractor accepts design or design/build responsibilities under a Contract - _ _.... : .. ,: - - _. : - , _ ,__ - _ .- ._. .:_ , • , . ontractor Providing Insurance.Without waiver of any other requirement of this Section 11.1,the Contractor will provide,pay for,and maintain in full-force and effect at all times during the performance of the Work,until final acceptance of the Work or for such further duration as required,the following policies of insurance issued by a responsible carrier.All of the Contractor's insurance carriers shall be rated A-or better by A.M.Best's rating service,unless otherwise approved by the Owner. • .1 Workers'_Compensation. Workers' compensation coverage sufficient to meet statutory liability limits: .2 Employer's-Liability. The Contractor shall purchase and maintain employer's liability insurance in addition to its workers' compensation coverage with at least the minimum limits below. ' - _ .3 Commercial General Liability. The Contractor shall purchase and maintain commercial general • liability("CGL")insurance on an occurrence basis,written on ISO Form CG 0001(12/04 or later)or an equivalent form approved in advance by the Owner.CGL coverage shall include all major coverage • - categories including bodily injury,property damage,and products/completed operations coverage maintained for at least six years following final payment_ The CGL insurance will also include the following: (1)separation of insured;(2)incidental medical malpractice:and(3)per-project aggregate for premises operations. .4 Professional Liability/Errors and Omissions: To the extent that the Contractor accepts design or design/build responsibilities,the Contractor shall purchase and maintain professional liability/errors and omissions insurance or cause that those Subcontractors providing design services do so. .5 Automobile Liability. The Contractor shall purchase and maintain automobile liability insurance with coverage for owned,hired,and non-owned vehicles on ISO form CA 00 01 or an equivalent form •: -approved in advance by the Owner.The automobile liability insurance shall include pollution liability coverage with vehicle overturn and collision. .6• .Pollution Liability. The Contractor shall purchase a contractors' pollution liability policy. Coverage :shall include third-party claims for bodily injury,property damage,and environmental damage -resulting from pollution conditions caused during the performance of covered operations for both . on-site and migrating from the job site Such coverage shall include pollution conditions arising from covered operations including work performed by its Subcontractors and third-party claims against the • Contractor alleging improper supervision of its Subcontractors. .7 Commercial Umbrella/Excess Coverage. The Contractor shall purchase or maintain a commercial umbrella or excess liability policy to meet the minimum limits as described below in Section 11.1.3. Additions and Deletions Report for AIA Document A201 91-2007.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlA®Document Is protected by U.S.Copyright Law and 27 International Treaties.Unauthorized reproduction or distribution of this AlA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624 1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) Commercial umbrella/excess liability coverage will include: (1)"Pay on behalf of wording (21 concurrency of effective dates with primary coverage:(3)punitive damages coverage(where not prohibited by law);(4)application of aggregate(where applicable)in primary coverage;(5)"care, custody,and control"coverage that follows the form for primary coverage;and(6)drop-down feature. Excess/umbrella coverage will be scheduled to the CGL,employee's liability,and automobile liability policies. :_ : _. e - -• - + e ..,.. - . . . .. -- .Limits. [CHECK WITH INSURANCE MANAGER(The insuranceregiiired'bv Section 11.1 shall be written for at least the limits of liability specified in this Section or required - by law,:whichever is greatest. .1 ' Workers'Compensation. Statutory Limits .2 Employer's Liability. Each Accident: $ 1,000,000 Each Bodily Injury Disease: $ 1,000,000 • Aggregate Bodily Injury Disease: $ 1,000,000 { r - I. 7: Commercial General Liability. Each Occurrence: $ 1,000,000 General-Aggregate: $ 2,000,000 • . -Pr od'ucf/Completed Operations: $ 2.000,000 Personal-&Advertising Injury: $ 1,000,000 . Professional Liability/ &O. Each Claim/A0greiate: $ N/A :5 Automobile Liability. - Combined Single:Limit: $ 1,000,000 • .6 . Pollution Liability. Single Limit: $ 3,000,000 Aggregate: $ 5,000,000 .7 Commercial Umbrella/Excess Coverage. • _Each Occurrence: $ 5,000,000 §'11.1.4 - ..... _ _ . .... • • Additional Insureds. The Contractor's third-party liability insurance policies shall include the Owner and its officers,employees,agents, =volunteers,partners,successors,and assigns as additional insureds.The policy endorsement must extend premise v;;:operations and products/completed operations to the additional insureds.The additional insured endorsement for the 4-'-'CommercialZeneral Liability must be written on ISO Form CG 2010(11/85).a CG 2037(07/04)together with CG = 2033(07/04)`,orthe equivalent but shall not use the following forms: CG 20 10(10 93)or CG 20 10(03 94). § 11.1.5 Joint Venture. If the Contractor is a joint venture,the joint venture shall be a named insured for the liability insurance policies. Additions and Deletions Report for AIA Document A201*"—2007.Copyright@ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All tights reserved.WARNING:This AlAe Document Is protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result In severe civil and criminal 28 penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624 1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) § 11.1.6 Primary Coverage. The Contractor's insurance identified in Section 11.1 shall be primary insurance coverage and may not seek contribution from any insurance or self-insurance carried by the Owner or the Architect including any property damage coverage carried by the Owner.Contractor's insurance shall apply separately to each • insured against whom a claim is made or suit is brought.The Contractor's insurance shall not include any cross-suit exclusion or preclude an additional insured party from asserting a claim as a third party. - $ 11.1.7 Contractor's Failure to Maintain Insurance. If the Contractor for any reason fails to maintain required insurance coverage,such failure shall be deemed a material breach of the Contract and the Owner,at its sole discretion,may suspend or terminate the Contract pursuant to Section 14.2.The Owner may,but has no obligation to, purchase such required insurance and without further notice to the Contractor,the Owner may deduct from the Contract Sum any premium costs advanced by the Owner for such insurance. Failure to maintain the insurance coverage required by this Section 11.1 shall not waive the Contractor's obligations to the Owner. § 11.1.8 Certificates:of Insurance. The Contractor shall supply to the Owner certificates of insurance for the insurance policies described in this Section 11.1 prior to the commencement of the Work and before bringing any equipment or construction personnel onto the Project site. _A. AdditionaFCertificates. To the extent that the Contractor's 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 Section 9.10.2..Iriformation concerning reduction of coverage on account of revised limits or claims paid under the i?eneral aggregate,or both,shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. .2 *:Prohibition:Until Certificates Received, The Owner shall have the right,but not the obligation,to - prohibit the Contractor and its Subcontractors from entering the Project site until the required certificates(or other competent evidence that insurance has been obtained in complete compliance with . this Section 11.1)are received and approved by the Owner. .3 ;Deductibles/Self-Insured Retentions: Payment of deductibles or self-insured retention is a Cost of • the Work within the Guaranteed Maximum Price and does not justify a Change Order. Satisfaction of all self-insured retentions or deductibles will be the sole responsibility of the Contractor. • § 11.1:9 Subcontractor Insurance: The Contractor shall cause each Subcontractor to purchase and maintain in full • . force and effect policies,ofinsuranceas specified in this Section 11.1,except for coverage limits,which will be agreed .-upon between<the Owner and the Contractor.The Contractor will be responsible for the Subcontractors' coverage if the Subcontractors fail to purchase and maintain the required insurance.When requested by the Owner,the Contractor will furnish copies of certificates of insurance establishing coverage for each Subcontractor. § 11.1.10 Limitations on Coverage, • .1-. No insurance provided by the Contractor under this Section 11.1 will be required to indemnify the Owner,the Architect,or their employees or agents to the extent of liability for death or bodily injury to 'persons or damage to property caused in whole or in part ' y their own negligence,but will require indemnity to the extent of the fault of the Contractor or its agents,representatives,or Subcontractors. _ .2 ' The obligations of the Contractor under this Section 11.1 shall not extend to the liability of the = Architect or its consultants for(1)the preparation or approval of maps,drawings,opinions,reports, surveys,Change Orders,designs,or specifications,or(2)the giving or failure to give directions or instructions,to the extent that the directions,or failure to provide directions,are the cause of the injury or damage. .3 By requiring insurance,the Owner does not represent that coverage and limits will necessarily be adequate to protect the Contractor. Insurance in effect or procured by the Contractor will not reduce or Additions and Deletions Report for AIA Document A201"'—2007.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlAe Document Is protected by U.S.Copyright Law and 29 International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) limit the Contractor's contractual obligations to-indemnify and defend the Owner for claims or suits that result from or are connected with the performance of the Contract. §11.1.2 IDeletedl -§ 11.1.3[Deleted' §11.1.4[Deleted' •.. PAGE 40 a4: °§ 11.3.1.1 Property insurance shall be on an"all-risk"or equivalent policy form and shall include,without limitation, insurance against the:.perils of fire(with extended coverage)and physical loss or damage including,without . duplication of coverage ytbeft,vandalism,malicious mischief;collapse,earthquake -windstorm,falsework, testing and startup;temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal r-equirements,and shall cover reasonable compensation for Architect's and Contractor's services and • expenses required as a-result of such insured loss. PAGE 41 § 11:3.1:4 r:' .. , .. . - : . - ... .._ • [Deleted' ; p�. §-11.3.3 . . . r._ .• •• - - - - r IDeleted' §'11:3,4: - • • _.•_ _ - __•.. FDeletedl _ • -§ 113.5 : .• . :_ .. .._ e. • _, .. .. _ . _ .• :_ .... . :. . ... . _:. -- ._ ... - • - _• :.• • - :. _ .-• - . ._ • _.[Deleted' • § 11:3.6 == JDeleted' • §:11.3.7- JDeletedl, e' r-- e - ' Additions and Deletions Report for AIA Document A201",—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlAe Document Is protected by U.S.Copyright Law and 30 International Treaties.Unauthorized reproduction or distribution of this AIA°Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and Is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) § 11.3.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner -and made payable to the Owner as-€dusiaryfor the insureds,as their interests may appear,subject to requirements of any applicable mortgagee clause and of Section 11.3.10.The Contractor shall pay Subcontractors their just 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. § 11.3.9 If required in writing by a party in interest,the Owner as-fiduciary-shall,upon occurrence of an insured loss, give bond forproper,performance of the Owner's duties..The cost of required bonds shall be charged against proceeds received.The Owner shall deposit in a separate account proceeds so received,which the Owner •shall distribute in accordance with such agreement as the parties in interest may reach,or as determined in accordance with the method of binding-dispute resolution selected in the Agreement between the Owner and Contractor.If after such loss no otherspedial agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged;property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. § 11.3,10 The Owner as -fiduciary-shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power;if such objection-is made,:•the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement.if the Owner and Contractor have selected arbitration as the method of binding dispute resolution,the Owner as-fiduciary-shall make settlement with insurers or,in the case of a dispute over distribution of insurance proceeds,in accordance with the directions of the arbitrators. t•PAGE 42'; • § 12.1.1 If a portiorrof the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract.Documents,it must,if requested in writing by the Architect,be uncovered for the iteet:'s " een-exaniinationbv the Owner,the Architect,or any governmental authority 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 that the Owner and the Architect or anv governmental authority has not specifically requested to examine prior to its being covered,the Architect may request to see such Work and it shall be uncovered by the Contractor.If such Work is in accordance with the Contract Documents,costs of uncovering and replacement shall,by appropriate Change Order,be at the Owner's expense.If such Work is not in accordance with the Contract-Documents,such costs and the cost of uncovering and correction shall be at the Contractor's expense s unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs,_-_, The Contractor shall promptly correct Work rejected by the Architect Owner,the Architect,or anv governmental authority or failing toconform to the requirements of the Contract Documents,whether discovered before or after Substantial Completion and whether or not fabricated,installed or completed.Costs of correcting such rejected Work, including additional testing and inspections,the cost of uncovering and replacement,and compensation for the Owner's and the Architect's services and expenses made necessary thereby,shall be at the Contractor's expense. § 122.2.1 In addition to the Contractor's obligations under Section 3.5,if,within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1,or by terms of an applicable special warranty required by the Contract Documents,any of the Work is found to be not in accordance with the requirements of the Contract Documents,the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor Additions and Deletions Report for AIA Document A201 TM-2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlAe Document Is protected by U.S.Copyright Law and 31 International Treaties.Unauthorized reproduction or distribution of this AlA®Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624 1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) 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 • ontractor.If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect,the Owner may correct it in accordance with,Section 2.4. • § 12.2.3 The Geataeter ,Contractor,at its expense,shall remove from the site portions of the Work that are not in ::;` , accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. PAGE 43A.,. The Contract shall be governed by the law of the place where the Project is - Written noticeshall be-deemed to have been duly served if delivered in person to the individual,to a member of the firm.or'•entity;or to an=officer of the corporation for which it was intended;or if delivered at,or sent by der certified mail or by courier service providing proof of delivery to,the last business address known to the party giving notice. § 13.5.1 Tests,insppectioii and approvals of portions of the Work shall be made as required by the Contract Documents"and by applicable laws,statutes,ordinances,codes,rules and regulations or lawful orders of public authorities.Unless otterwise,provided,the Contractor shall make arrangements for such tests,inspections and - approvals L - , - - - . j 4• . _ --• agencies or by ide : .:: ■-.: --.:, '.__, .. .... :::' : :. •. �:: _- ' - ,::. _ : .::by public np endent testing laboratories,as may be required by the Owner or the permitting jurisdiction.The Owner shall retain and pay for any private inspectors or testing laboratories that are required. The costs of such private inspections`Eandiests shall not be included in the Contract Sum. The Contractor shall forward to the Architect and the Owner copies ofall''mspections,results,test results,orders,permits,and other directives or correspondence received by the-Contractor from any inspector;.testing laboratory,or agency with jurisdiction over the Work.The Contractor shall aive,the'(dwner and the Architect notice of when and where tests and inspections are to be made so that the :Owner and the Architect may be present for such procedures.The Owner shall bear costs of(1)tests,inspections or approvals that do not beoome',requirements until after bids are received or negotiations concluded,and(2)tests, inspections or approvals•ivhere building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 13.5.2 If the Ai- chitect,Owner or public authorities having jurisdiction determine that portions of the Work require additional testing,inspection or approval not included under Section 13.5.1,the Architect will,upon written authorization from the Owner,instruct the Contractor to make arrangements for such additional testing,inspection or approval by an entity acceptable to the Owner,and the Contractor shall give timely notice to the Owner and the -.Architect of when and where tests and inspections are to be made so that the Owner and the Architect may be present for�S.iich procedures.Such costs, except as provided in Section 13.5.3,shall be at the Owner's expense. § 13:5.3 If such procedures for testing,inspection or approval under Sections 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 Owner's and the Architect's services and expenses shall be at the Contractor's expense.expense,including without limitation the cost of retesting for verification of compliance,if necessary,until the Architect certifies that the Work in question does comply with the requirements of the Contract Documents. Additions and Deletions Report for AIA Document A201 T"—2007.Copyright®1911,1915.1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, - 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlAe Document Is protected by U.S.Copyright Law and 32 International Treaties.Unauthorized reproduction or distribution of this AIA.Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624 1 which expires on 01/30/2014,and Is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 . (1635219833) PAGE 44 § 13.5.7 No inspection performed or failed to be performed by the Owner shall waive any of the Contractor's obligations or be construed as an approval or acceptance of the Work or any part thereof. The Owner and Contractor shall commence all claims and causes of action,whether in contract,tort,breach of warranty or otherwise;against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable la but is ._:., _ •_ - :•:• - • -,• -- -• . .law. `PAGE 45 § 14.1.-31f one of the-reasons described in Section 14.1.1 or 14.1.2 exists,the Contractor may,upon seven days' written notice to the Owner and Architect,terminate the Contract and recover from the Owner payment for Work executed,including reasonable overhead and profit,costs incurred by reason of such , termination. - - .3 krepeatedly disregards applicable laws,statutes,ordinances,codes,rules and regulations,or lawful •ordersof a public autfrority,ef .4 otherwise is guilty of substantial breach of a provision of the Contract Deeuments.Documents;or .5 fails to observe°the training,safety,and other precautions required in Article 10,including the Contractor's own safety policies for the Project. • § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,including compensation for the Owner's and the Architects services and expenses made necessary thereby,and other damages incurred by the Owner.and not expressly waived;such excess shall be paid to the Contractor.If such costs and damages exceed the -unpaid balance,:the Contractor shall pay the difference to the e• _ _ .- .. -- -. • ,er..This obligation for payment shall survive termination of the Contract. -§ 14.2.5 If termination for cause is determined later to have been wrongful or without justification,then the termination will be considered to have been termination for convenience. PAGE 46 § 14.4.3 In case of such termination for the Owner's convenience,the Contractor shall be entitled to receive payment for Work executed,and costs incurred by reason of such termination,along with reasonable overhead and profit on the Work net eeatc-executed.No profit will be allowed if the Contractor would have sustained a loss on the entire Contract had it been completed. § 14.4.4 The Owner may terminate a portion of the Work for the Owner's convenience and without cause,in which case the provisions of this Section 14.4 shall apply only to the portion of the Work terminated and the Contractor shall continue with performance of the remaining Work that is not terminated. Claims by either the Owner or Contractor must be inniated-made by written notice to the other party and the•Initial • -• • •-- ..the Initial Decision Maker.Claims Additions and Deletions Report for AIA Document A201,"—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlA®Document Is protected by U.S.Copyright Law and 33 International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of h,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624 1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-1412;rev.3-26-13 - (1635219833) by either party must be made 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 llater,and must identify the known bases for each Claim and the nature and amount of the relief sought. T § 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time,written notice as provided herein shall be given.The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work.In the case of a continuing delay,only one Claim is necessary.Claims for additional time are `governed by Section 8:3. s`5 • PAGE 47 § 15.1.6 Per3o s and - (Deletedj' • rY §"I,TJ.'2.1 _ _ .r.. Y- - ••. ._ .__, .. '. , '•,, . .', . . ' laims made prior top Substantial Completion of the Project,excluding those arising under Sections 10.3 and 10.4,shall be referred to the Initial Decision Maker for initial decisionrThe Architect will serve as the Initial Decision Maker,unless otherwise indicatedriinthe Agreement.Except for those Claims excluded by this Section 15.2.1,an initial decision shall be required as a condition precedent to mediation of any Claim ansieg•made prior to the date final payment is due,unless 1130 days have pas'sed-after the Claim-iias been referred to the Initial Decision Maker with no decision having been -,T,'-rendered:-Unless the Initial Decision Maker and all affected parties agree,the Initial Decision Maker will not decide disputes'between the Contractorand-persons or entities other than the Owner. (1) request additional supporting data from the claimant or a response with supporting data from the other ,$rty,PartY• (2) reject the Claim in whole or in fit;-part; - - (3); _=approve the Claim,Claim _suggest a mpromise;or 15.2.3 In evaluatingClaims,the Initial Decision Maker may,but shall not be obligated to,consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker:-in rendering a decision. _- :-._ e . . . .. '. _ _. ... . ' .In the event the Initial Decision Maker seeks information from a consultant,both parties must agree on the consultant.If the consultant charges a fee for its services,then both parties will equally split the cost of the initial fee. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data,such party shall respond,within ten days after receipt of such request,and shall eithefeither: (1) provide a response on the requested supporting -data; Additions and Deletions Report for AIA Document A201"-2007.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963.1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All lights reserved.WARNING:This AIAe Document Is protected by U.S.Copyright Law and 34 International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by ALA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) (2) advise the Initial Decision Maker when the response or supporting data will be€aisle-or furnished: or § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim,or indicating that the Initial Decision Maker is unable to resolve the Claim.This initial decision shall(1)be in writing;(2)state the reasons therefor;and(3)notify the parties and the Architect,if the Architect is not serving as the Initial Decision • ' Maker,of any change in the Contract Sum or Contract Time or both.The initial decision shall be final and binding on the parties but subject to •• :. - ::. - :. _ ,. •. .. .. - _ . _ _..: .•, :binding dispute resolution. . 15.2.6 Either party may file for : .•• ..- . ••. .- _•• •_-• - •.• ••.•_- -- -• -- -- 15.2.6.l.binding dispute resolution of an initial decision within 30 days. § 15.2.6.1 •.:. ... e ... _ - _. .. _ . : .. - _ .. -•. [Deleted' § 15.2.8 If.a Claim relates to orris the subject of a meelanie'materialman's lien or construction lien,the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. -,- PAGE 48 § 15.3.1 _' - -. _ . - -• -- . . dispute resolutiei (Deleted' § 15.3:2The parties: . - - .• _ --- ; _... .. .._: . . - . .... - . _ . ... . _._._._. . . • .__ -. :-.may agree to engage in mediation to resolve their Claims.•§:15:3.3 :. . ..• . ... . .-- -- . . •.• ., : - • _ -• - :1: . ._ , : - : : : - _ .[Deleted' § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement,any Claim -.:•:: :, .. -- • •- - .. - :. . • • .-. . _. .. _. _ .._ _: _ : ,. _ ., shall be arbitrated pursuant to the rules of the Arbitration Service'of Portland,Inc.,currently in effect,or such other rules to which the parties may agree.A demand for arbitration shall be made in writing,delivered to the other party to the Contract,and filed with the person or entity•adininisterin the arbitration. ": - --.••• • : .. . . . ,_. _ _ . •. .. . .. _ . . •g: : ,. - :_-. . __ . ._ :_ ...__.Exclusive venue for arbitration hearings shall be in Washington County,Oregon. § 15.4.1.1 A demand for arbitration shall be made -- -•• •_ -. -. -• ..- • -_ - mediatier,-within a reasonable time after the Claim has arisen,but in no event shall it be made after the date when the Additions and Deletions Report for AIA Document A201 TM—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987.1997 and 2007 by The American Institute of Architects.All rights reserve d.WARNING:This AIA5 Document is protected by U.S.Copyright Law and 35 International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by ALA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations.For statute of limitations purposes,receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. • -§ 15.4.4.2 Either party,at its sole discretion,may include by joinder persons or entities substantially involved in a _ .common question of law or fact whose presence is required if complete relief is to be accorded in provided - r. bitration. . ._. . .. . .. .. .. ._, . .. . . • 15.4:4.4 Prior to allovvin'an Subcontractor or other .. retained b the Contractor to commence their services on the'Proiect,the Contractor shall require such third party to submit in writing to arbitration if requested by the Owner or ''the Contractor. !END OF THE GENERAL'CONDTITONS • • • • Li , • • • • Additions and Deletions Report for MA Document A201 TM—2007.Copyright®1911,1915,1918,1925,1937,1951.1958,1961,1963,1966,1970,1976, 1987.1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright Law,and 36 international Treaties.Unauthorized reproduction or distribution of this AlA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624 1 which expires on 01/30/2014,and Is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) Certification of Document's Authenticity AIA®Document D401 TM —2003 `I;Jeffrey G.Condit,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 18:29:10 on 03/27/2013 under Order No.5783800624_1 from AIA Contract Documents software and that in preparing the -attached final:document:I:made no changes to the original text of AIA®Document A201114—2007,General Conditions of the Cotitractfor Construction,as published by the AIA in its software,other than those additions and • deletions shown in tlie.associated Additions and Deletions Report. :(1ned) (Title) `.(Dated)< • • r { Yat AIA Document D401 TM—2003.Copyright O 1992 and 2003 by The American Institute of Architects.All rights reserved.WARNING:This AlAe Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA®Document,or any portion of it,may .l result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 18:29:10 on 03/27/2013 under Order No.5783800624_1 which expires on 01/30/2014,and is not for resale. User Notes:A201-2007 TTSD Template 2-14-12;rev.3-26-13 (1635219833) SECTION 00 73 40 PUBLIC CONTRACTING SECTION 00 73 40 PUBLIC CONTRACTING PART 1 -GENERAL 1.01 REQUIREMENTS INCLUDED A. Prevailing Wage Requirements (PWR)-ORS 279C.830 to.870 and Davis-Bacon 40 U.S.C. 3141 et seq.. . B. Prevailing Wage Rate Fee- BOLI-ORS 279C.825. C. Public Works Bond (Contractors)-BOLI -ORS 279C.830(2)(a). D. Public Works Bond (Subcontractors)- BOLI-ORS.279C.830(2)(b). E. Certified statements -ORS 279C.845. F. Withholding for lack of payment-ORS279C.515. G. Written notice of working hours -ORS 279C.520. H. Payment for medical services-ORS 279C.530. I. Ineligible to hold public works contracts-ORS 279C.860. • J. Registration with Oregon Construction Contractors Board-ORS 701.021. • K. Payment for daily,weekly,weekend, and holiday overtime-ORS 279C.540. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. None 1.03 PREVAILING WAGE REQUIREMENTS(PWR)-ORS 279C.830 TO.870 AND DAVIS BACON 40 U.S.C. 3141 ET SEQ. A. The Work described in the Contract Documents is subject to State of Oregon Prevailing Wage Rates in effect at the time the Guarantee Maximum Price is established in accordance with ORS 279C.800 to 870 and Davis-Bacon Act(40 U.S.C. 3141 et seq. Ensure all workers are paid the higher in accordance with applicable state or federal prevailing wage rates and be solely responsible for unpaid prevailing wages. B. The applicable prevailing wage rate requirements are as follows; 1. April 1, 2013 Prevailing Wage Rates Amendment. 2. April 1, 2013 PWR Apprenticeship Rates. 3. January 1, 2013 Prevailing Wage Rates for Public Works Contracts in Oregon. 4. Davis-Bacon/BOLT Combined (2013 Projects). C. Current rates can be found at the following locations: 1. http://www.oregon.gov/boli/WHD/PWR/Pages/pwr_state.aspx. 2. http://www.oregon.gov/ODOT/hwy/specs/Pages/wages.aspx#Davis-Bacon/ • BOLI_combined_(2013_Projects). 1.04 PREVAILING WAGE RATE FEE-ORS 279C.825 A. Owner shall pay the prevailing wage rate fee required to be paid to the Commissioner of the Bureau of Labor and Industries as provided in ORS 279C.825. 1.05 PUBLIC WORKS BONDS (CONTRACTORS)-ORS 279C.830(2)(A) A. Contractor must have a public works bond filed with the Construction Contractors Board before starting work on the project, unless exempt under ORS 279C.836(4), (7), (8)or(9). 1.06 PUBLIC WORKS BONDS (SUBCONTRACTORS)-ORS 279C.830(2)(B) A. Include in every subcontract a provision requiring the subcontractor to have a public works bond filed with the Construction Contractors Board before starting work on the project, unless exempt under ORS 279C.836(4), (7), (8)or(9). Project No 12051 Tigard-Tualatin School District April 2013 • Twality Middle School-Cafetorium Re-Roof 00 73 40-1 Pnnted 4/10/2013 • SECTION 00 73 40 PUBLIC CONTRACTING 1.07 CERTIFIED STATEMENTS-ORS 279.845 A. The contractor or the contractor's surety and every subcontractor or the subcontractor's surety shall file certified statements with the public agency in writing in accordance with ORS 279.845. 1.08 WITHHOLDING FOR LACK OF PAYMENT-ORS 279C.515 A. Should the Contractor fail, neglect or refuse to make prompt payment of any claim for labor or services furnished to the Contractor or a Subcontractor by any person in connection with the Work as the claim becomes due, the Owner may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due the Contractor. 1.09 WRITTEN NOTICE OF WORKING HOURS-ORS 279C.520 A. Include in every subcontract that a person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it(in which case the employee shall be paid at least time and a half pay)unless otherwise permitted by law. 1.10 PAYMENT FOR MEDICAL SERVICES-ORS 279C.530 A. Promptly, as due, make payment to any person, co-partnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. B. Ensure all subject employers working on the Project are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. 1.11 INELIGIBLE TO HOLD PUBLIC WORKS CONTRACTS-ORS 279C.860 A. Contractor shall not be disbarred.from holding public works contracts in the State of Oregon in accordance with ORS 279C.860. 1.12 REGISTRATION WITH OREGON CONSTRUCTION CONTRACTORS BOARD-ORS 701.021 A. Contractor must be registered with the State of Oregon Construction Contractors Board,. pursuant to ORS 701.021. . 1.13 PAYMENT FOR DAILY,WEEKLY,WEEKEND AND HOLIDAY OVERTIME-ORS 279C.540; OAR 839-025-0020(2)(B) A. Contractor must pay daily, weekly,weekend and holiday overtime as required ORS 279C.540. PART 2 PRODUCTS- NOT USED PART 3 EXECUTION -NOT USED END OF SECTION Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 00 73 40 -2 Punted 4/10/2013 SECTION 01 10 00 SUMMARY SECTION 01 10 00 SUMMARY PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. General Requirements. B. Work Covered by Contract Documents. C. Contractor Use of Premises. D. Related Work by Owner or Others. E. Owner Furnished Products. 1.02 GENERAL REQUIREMENTS A. TIME OF COMPLETION 1. The work of this Contract shall be commenced on the date of written notice to proceed and shall be completed by the dates established in the Owner/Contractor Agreement, and as stipulated in the General Conditions of the Contract for Construction. B. ASBESTOS FREE CERTIFICATION 1. Absolutely no materials containing asbestos are to be furnished or installed as part of this Project. Ensure that no subcontractor or any of the Contractor's own forces installs any materials containing asbestos. At final closeout of the Project, provide to the Owner certification that no materials containing asbestos have been installed in the Project, and that the Project is asbestos-free as required by the State of Oregon. C. COORDINATION 1. The Contractor is responsible for overall coordination of the Project. 2. The Drawings and Specifications are arranged for convenience only and do not necessarily determine which trades perform the various portions of the Work. 3. Coordinate sequence of work to accommodate agreed-upon Owner occupancy. 4. Perform all necessary work to receive and/or join the work of all trades. 5. Verify location of existing utilities and protect from damage. D. PERMITS AND FEES 1. The Owner will be responsible for filing and paying for building permits and all fees associated with the building permit, system development charges, impact fees, etc. The Contractor will be responsible for picking up all Project permits and will have full responsibility for requirements of and payments for all trade permits (i.e. electrical, plumbing, mechanical). E. REQUIREMENTS FOR CONTRACTOR, SUBCONTRACTORS,AND MATERIAL SUPPLIERS 1. Ensure that all persons performing the Work comply with Owner's tobacco policy. Copies made available upon request. 2. Contractor and Subcontractors shall refrain from contact with staff and students at all • times. 3. Neither the Contractor nor any of its Subcontractors of any tier shall utilize any employee at the site who has pled guilty to or been convicted of any felony crime involving the physical neglect of a child, physical injury to or death of a child, sexual offenses against or sexual exploitation of a child, child prostitution, or other similar offenses as defined by the most current State Statutes, or similar laws of another jurisdiction. Remove from the work and work site any employee who has engaged in such actions, or who the Owner reasonable considers objectionable. 4. Without limiting the generality of the foregoing, ensure by appropriate provision in each subcontract agreement that the Contractor may remove from the work and work site any Subcontractor or Subcontractor's employee who has engaged in such action. At no change to the Contract Sum or Contract Time, remove from the work and work site any Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 01 10 00 - 1 Pnnted 4/10/2013 SECTION 01 10 00 SUMMARY employee or other person pursuant to this Section. Failure to comply with these requirements is grounds for immediate termination of the Agreement for cause. 1.03 WORK COVERED BY CONTRACT DOCUMENTS A. Work of this Contract comprises all required general renovation construction work for the Twality Middle School-Cafetorium Re-Roof Project. 1.04 CONTRACTOR USE OF PREMISES, A. Work Sequence: 1. Perform Work in a manner required to accommodate School District use of premises during the Contract Period. Coordinate Work schedules and operations with Owner's use requirements. 2. Provide access to and from site as required by law and by Owner: a. Emergency Building Exits During Construction: Keep all exits required by code open during construction period; provide temporary exit signs if exit routes are temporarily altered. 3. Do not obstruct roadways, sidewalks, or other public ways without permit. B. Limitations on Use: 1. Owner may have limited school related activities on-site during the construction period that may include teachers, community members and students. Activities may occur inside or outside of the building.Access and usage of the school for non-construction activities will be coordinated with the contractor to insure continuous construction and safe access for other uses. 2. Complete and exclusive use of the construction area except as outlined above will be permitted from Full Notice to Proceed until Substantial Completion of the Project. Coordinate areas available for early occupancy(if any)with Owner. 3. During times of Owner's occupancy there may be down days during the Contract Period . when occupied areas will be closed. Request from the District a list of down days that may occur during the Contract Period. Notify the District at least 48 hours in advance of down days during which time the Contractor intends to work. The District will pay for employee time during such down days when the building is required to be open for Contractor use. C. Non-Interference with School: 1. Perform work operations upon areas adjacent to existing Owner-occupied areas and/or structures in such manner as to not interfere with continued free and comfortable use of such.areas. 2. Keep building exits safe, protected, and restricted from remainder of construction site and clear of obstructions at all times. If closure of an exit is required by the Work, notify the school Principal and allow ample time for an alternate exit plan to be executed. D. Non-Interference with Serving Utilities: 1. Do not interrupt electric, gas, water, or other services to existing Owner-occupied structures without prior notice to the District and then only at a definite time and for a definite duration approved by Owner. 2. Schedule demolition, remodel, and new construction to accommodate Owner's continued use of existing and/or new mechanical, electrical, and plumbing services as required for Owner's continued occupancy and beneficial use of designated areas. 3. Consult with public and private utility companies for location and extent of all utilities before commencing work. 4. Provide services of a utilities locator to investigate and mark underground utilities in the vicinity of exterior work; and for interior below-slab utilities in areas which will be partially demolished prior to commencing work. Ensure that utilities are identified prior to saw cutting interior floor slabs. 5. Provide all services required. Protect and maintain existing utilities, active electrical conductors, sewers, pipes, and other active lines either on project site or in offsite street excavations. Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 01 10 00-2 Printed 4/102013 SECTION 01 10 00 SUMMARY 6. Arrange for and pay cost of disconnecting, removing, relocating, capping, replacing, or abandoning of public and private utilities in the way of construction operations in accordance with serving utilities policies, local regulations and governing codes. Utilities, pipes, sewers,electrical conductors and the like to be abandoned shall be capped in accordance with instructions of governing authority or as directed. E. Protections- Exterior Components: 1. Protect sidewalks, asphalt paving, concrete, plantings, and lawn areas at all times from spillage of materials used in carrying out the Work. Exercise care to preclude materials from clogging catch basins and yard drains. Leave all drainage items clean and in proper working condition. 2. Clean, repair, resurface,or restore existing surfaces to their original condition, or completely replace such surfaces to match existing where damaged by construction operations. 3. Whenever it is necessary to cut and remove fences and/or power lines (whether on private or public property), restore such demolished work to condition at minimum equal to that which existed prior to such demolition. 4. Damage to property adjacent to Owner's property shall be restored to the satisfaction of respective property owners. F. Protections- Interior Components: 1. Contractor is responsible for protection of completed portions of the Work. Provide protection as required such that items are not soiled or damaged during the progression of the Work. Maintain all such protections for the entire duration of the construction until acceptance by Owner. 2. Whenever it is required and/or necessary to demolish portions of work, take all precautions to protect adjacent portions of the work which remain from damage. 3. Clean, repair, resurface, or restore such items above required to be protected to their original condition,or completely replace items to match existing undamaged portions of work, where damaged by construction operations. G. Protections: Vegetation and Plantings: 1. Protect all existing trees to remain on-site from foliage, trunk, branch, and root damage. 2. Provide barricades and maintain same around all trees, plantings, and other landscaped• areas adjacent to work of this Contract to protect such areas from damage of a ny nature caused by construction operations. 3. Replace any plantings damaged or destroyed with plants of equivalent type, size, quantity, and nature as approved by Architect. H. Security: 1. Provide security and facilities to protect the Work and Owner's operations from unauthorized entry, vandalism, and theft. 2. Provide temporary barriers, doors, and locks at all openings after building is enclosed. 3. Coordinate with Owner's building security provider and program. I. Removal of Equipment and Materials: 1. Clear site and surrounding street areas of all equipment, apparatus, appliances, tools, unused materials, and similar items immediately as they cease to be necessary to carry out the Work. 1.05 RELATED WORK BY OWNER OR OTHERS A. Owner will have other contractors for miscellaneous projects at the Twality site during the summer. Coordination of activities and staging areas will be required by all contractors. 1.06 OWNER-FURNISHED PRODUCTS A. OFCI Equipment and Products: Items specifically designated on Drawings or specified in the Project Manual and/or described as "OFCI"(Owner Furnished, Contractor Installed). Project No 12051 Tigard-Tualatin School District April 2013 . Twality Middle School -Cafetorium Re-Roof 01 10 00-3 Printed 4/10/2013 SECTION 01 10 00 SUMMARY B. Owner's Responsibilities for OFCI Products: 1. Arrange for delivery of shop drawings, product data, samples, manufacturer instructions, and certificates to Contractor. 2. Deliver supplier's bill of materials to Architect for review. 3. Arrange and pay for delivery to site in accordance with Contractor's Progress Schedule. 4. Inspect deliveries jointly with Contractor. 5. Submit claims for transportation damage. 6. Arrange for replacement of damaged, defective, or missing items. 7. Arrange for manufacturer's field services; arrange for and deliver manufacturer warranties and bonds to Contractor. C. Contractor Responsibilities for OFCI Products: 1. Designate submittals and delivery date for each product in project Progress Schedule. 2. Review OFCI materials and insure that Contractor has provided in their scope all other materials necessary for the completed project in addition to those on the OFCI list. 3. Review and approve the list of materials and the proposed materials delivery schedule at the start of the job and verify its completeness. 4. Review shop drawings, product data, samples, and other submittals. Submit to Architect with notification of any observed discrepancies or problems anticipated due to non- conformance with Contract Documents. 5. Receive and unload products at work site. a. Inspect deliveries jointly with Owner, record shortages and damaged or defective items. b. Handle products at site including uncrating and storage. c. Protect products from damage and from exposure to elements. d. Assemble, install, connect, adjust, and finish products. e. Provide installation inspections required by public authorities and jurisdictions. f. Repair or replace items damaged by Contractor to satisfaction of Owner. D. Schedule of OFCI Products: 1. Roofing materials as outlined in Section 07 51 00 -Built-up Bituminous Roofing and as listed following Document 00 31 00-Available Project Information. PART 2 PRODUCTS-NOT USED PART 3 EXECUTION -NOT USED END OF SECTION Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 01 10 00-4 Pnnted 4/10/2013 SECTION 01 13 31 CERTIFICATE OF COMPLIANCE SECTION 01 13 31 CERTIFICATE OF COMPLIANCE No final payment shall be made until the contractor provides to the owner, prior to acceptance of the . work, a notarized certification of compliance in following form: • The Contractor does hereby certify that all work has been performed and materials supplied in accordance with the drawings,specifications and Contract Documents for the above Work, and that: No less than the prevailing rates of wages as ascertained by the governing body of the Contracting agency has been paid to laborers,workmen and mechanics employed on this Work; There have been no unauthorized substitutes of Subcontractors; nor have any subcontracts been entered into without the names of the Subcontractors having been submitted to the Owner prior to the start of such subcontracted work; No subcontract was assigned or transferred or,performed by any Subcontractor other than the original Subcontractor, without prior notice having been submitted to the Owner together with the names of all Subcontractors; All claims for material and labor and other service performed in connection with these specifications have been paid; In WITNESS WHEREOF, the undersigned has signed and sealed this instrument this day of Firm Name: Signature: • ' Title: Attest (Seal if Bidder is a Corporation) As determined necessary, evidence of compliance may be required to be submitted with and made a part of this Certificate of Compliance. • END OF SECTION Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 01 13 31 - 1 Printed 3/26/2013 • • SECTION 01 13 32 CERTIFICATE OF NO HAZARDOUS MATERIALS • SECTION 01 13 32 CERTIFICATE OF NO HAZARDOUS MATERIALS No final payment shall be made until the Contractor shall file with the Owner, prior to acceptance of the work, a notarized certificate of no hazardous materials in the following form: 'To the best of my knowledge no hazardous material, including, but not limited to: asbestos, polychlorinated biphenyls (pcb's)and lead based products, is used in the construction of this project. Material safety data sheets will be provided as requested by the Owner for all materials which may be questioned in the future." In WITNESS WHEREOF, the undersigned has signed and sealed this instrument this day of Firm name: Signature: Title: • Attest: (Seal if Bidder is a Corporation) As determined necessary, evidence of compliance may be required to be submitted with and made a part of this certificate. - END OF SECTION PTo1ect No.12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 01 13 32- 1 Printed 3/26/2013 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES • SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SECTION INCLUDES A. Procedures for preparation and submittal of applications for progress payments. B. Procedures for preparation and submittal of application for final payment. 1.02 .RELATED REQUIREMENTS A. AIA Document A201 -General Conditions of the Contract for Construction: Progress Payments and Final Payment. B. Section 01 21 00-Allowances: Payment procedures relating to allowances. C. Section 01 22 00-Unit Prices: Monetary values of unit prices, payment and modification procedures relating to unit prices. D. Section 01 77 00-Closeout Procedures: Substantial Completion and Final Payment. 1.03 SCHEDULE OF VALUES A. Form to be used: AIA G703 Continuation Sheets. B. Electronic media printout including equivalent information will be considered in lieu of standard form specified; submit sample to Architect for approval. C. Forms filled out by hand will not be accepted. D. Submit Schedule of Values at times indicated in Section 01 30 00-Administrative Requirements. E. Format: Utilize the Table of Contents of this Project Manual. Identify each line item with number and title of the specification Section. Identify site mobilization and bonds and insurance. Provide closeout and punchlist line items. F. Include in each line item, the amount of Allowances specified in the appropriate section. For unit cost Allowances, identify quantities taken from field measurement multiplied by the unit price quoted to achieve the total for the item. G. For items on which progress payments will be requested for stored materials, break down the cost into: 1. The cost of materials(only), delivered and unloaded, with taxes and the like, paid. 2. Remainder of installed value(labor, temporary facilities/equipment needed, etc.). 3. Failure to provide this breakdown prior to materials being delivered voids Contractors right to be paid for affected materials until they are installed. H. For each line item of installed value exceeding $20,000, show breakdown by major products or operations under each item. I. Round-off figures to nearest dollar amount for the original breakdown only. J. Make sum of total scheduled costs equal to Contract Sum. K. Revise schedule to list approved Change Orders, with each Application For Payment. 1.04 SUBCONTRACTOR AND SUPPLIER LISTING A. Subcontractor and Supplier Listing: Follow Project Manual Table of Contents as a format for listing name of Subcontractors, including lower-tier Subcontractors and suppliers. 1. Identify by section number and title the company, address, telephone number and contact person. 2. Adjacent to Subcontractor list its lower-tier Subcontractor(s)and/or supplier(s). 1.05 APPLICATIONS FOR PROGRESS PAYMENTS A. Submit a preliminary copy of the Payment Application to Architect for comment prior to formal submittal. Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 01 20 00- 1 Pnnted 4/10/2013 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES B. Submit applications for payment using specified forms. C. Payment Period: Submit at intervals stipulated in the Agreement. D. Form to be used: AIA G702-Application and Certificate for Payment. E. Electronic media printout including equivalent information will be considered in lieu of standard form specified; submit sample to Architect for approval. F. Forms filled out by hand will not be accepted. G. Execute certification by signature of authorized officer. 1. Notarized Affidavit: After the first request for payment, each subsequent request shall be accompanied by notarized affidavit stating that all subcontractors have been paid less earned retainage as their interests appeared in the last payment received. No application for payment by the Contractor shall be processed unless accompanied by such Contractor's affidavit. 2. In addition, the Owner may require that any requests for payment shall also be accompanied by a receipt with original signature from the Principal Subcontractors including Mechanical and Electrical, and others as required by the Owner, of the dollar amount they received for the previous month's work(less earned retention), and an affidavit by such Subcontractors stating that all sub-subcontractors, suppliers,wages, fringes, and taxes arising out of such subcontract have been paid in full as their interest appeared in the last payment received. H. Use data from approved Schedule of Values. Provide dollar value in each column for each line item for portion of work performed and for stored products. 1. For applications for stored materials include: a. Project. b. Application number and date. 1) Item number and identification as shown on application and description of specific material or product. 2) Material stored off-site: Record of quantities and bonding/insurance of storage facility. 3) Must be within 75 driving miles of the site and open to Architect's and Owner's inspections and inventory during regular business hours. I. List each authorized Change Order as a separate line item, listing Change Order number, description and dollar amount as for an original item of Work. Provide a breakdown by major products or operation for amounts in excess of$20,000. J. Submit one electronic copy of each Application for Payment. K. Include the following with the application: 1. Construction progress schedule, revised and current as specified in Section 01 32 00- Construction Progress Documentation. 2. Partial release of liens from major Subcontractors and vendors. 3. Affidavits attesting to off-site stored products. L. Current Record Documents: Prior to acting on processing each monthly request for payment, Contractor is required to present for review to Architect and consultants, a current set of record documents indicating any revisions. M. Certified Payroll Statements: Submit certified statements (payroll reports)for prevailing wage rates and for Davis-Bacon wages during the monthly billing cycle in compliance with ORS 279.845.Where such reports are not provided, that category of work will not be paid until appropriate documentation is filed. N. When Architect requires substantiating information, submit data justifying dollar amounts in question. Provide one copy of data with cover letter for each copy of submittal. Show application number and date, and line item by number and description. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 01 20 00 -2 Pnnted 4/10/2013 • SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES 1.06 SPECIAL CONDITIONS OF INITIAL PAYMENT A. Prior to initial payment, the Contractor must have delivered all required insurance, bonds and contracts; acceptable Schedule of Values, Sub-Contractors/Suppliers List, resumes of key personnel, Contractor Construction Schedule. 1.07 APPLICATION FOR FINAL PAYMENT A. Prepare Application for Final Payment as specified for progress payments, identifying total - adjusted Contract Sum, previous payments, and sum remaining due. 1. Submit Application for Final Payment at time indicated in Section 01 30 00 -Administrative Requirements. B. All Project Closeout activities must be complete; all liens and claims settled; all project record documents transmitted in final approved form; record survey(if required)transmitted and recorded by the County; removal of temporary services,facilities and all debris/materials/ ' equipment and all other requirements of the General Conditions 9.10. All permit drawings, sign- off sheets and Certificates of Occupancy transmitted. PART 2 PRODUCTS-NOT USED PART 3 EXECUTION -NOT USED END OF SECTION Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 01 20 00-3 Punted 4/10/2013 SECTION 01 21 00 ALLOWANCES • SECTION 01 21 00 ALLOWANCES PART 1 GENERAL 1.01 SECTION INCLUDES A. Cash allowances. B. Payment and modification procedures relating to allowances. • 1.02 RELATED REQUIREMENTS - A. Document 00 41 00 =Bid Form: Listing of Allowance amounts on the Bid Forni. B. Section 01 20 00-Price and Payment Procedures:Additional payment and modification procedures. C. Section 01 26 00-Contract Modification Procedures: Changes related to Allowance sums. 1.03 SUMMARY A. Definitions and Explanation: Certain requirements of the Work related to each Allowance are shown and specified in Contract Documents. The Allowance has been established in lieu of additional requirements for that work, and further requirements thereof will be issued by Change Order. B. Allowances shall be lump-sum for such items of Work and shall include overhead and profit in addition to other charges required for the Work. C. The Work covered by each Allowance shall comply with the applicable section or sections of the Specifications and as detailed on Drawings. 1.04 COST INCLUDED IN ALLOWANCES A. All cost for materials and labor to complete scope described for each Allowance. 1.05 CONTRACTOR COSTS INCLUDED IN CONTRACT SUM A. Products handling at site including unloading, uncrating, and storage. B. Protection of products from the elements and damage. C. Labor for installation and finishing, except when such labor is specified to be included within the Allowance. D. Reasonable access to items such as scaffolding and lifts. E. Contractor overhead and profit limited to the items listed.within this subparagraph. 1.06 CONTRACTOR RESPONSIBILITIES: A. Make recommendations for Architect consideration as related to Allowances. B. Promptly notify Architect of any reasonable objections against supplier. C. On notification of selection, execute purchase agreement with designated supplier. D. Obtain proposals from suppliers and installers and offer recommendations. E. On notification of which products have been selected, execute purchase agreement with • designated supplier and installer. F. Arrange for and process shop drawings, product data, and samples. Arrange for delivery. G. Promptly inspect products upon delivery for completeness, damage, and defects. Submit claims for transportation damage. H. Differences in costs will be adjusted by Change Order. Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 01 21 00- 1 Pnnted 4/10/2013 SECTION 01 21 00 ALLOWANCES 1.07 ALLOWANCES SCHEDULE A. Allowance No. 1: Section 01 22 00-Unit Prices and Section 06 10 00- Rough Carpentry: Include a sum as indicated on the Bid Form for purchase, delivery, and installation of 100 sq ft of roof sheathing. Calculate the amount of the allowance based on the Unit Price quoted on the Bid Form for Unit Price No. 1. PART 2 PRODUCTS-NOT USED PART 3 EXECUTION -NOT USED " END OF SECTION Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 01 21 00 -2 Pnnted 4/10/2013 SECTION 01 22 00 UNIT PRICES SECTION 01 22 00 UNIT PRICES PART 1 GENERAL 1.01 SECTION INCLUDES A. List of unit prices,for use in preparing Bids. B. Measurement and payment criteria applicable to Work performed under a unit price payment - method. 1.02 RELATED REQUIREMENTS A. Document 00 41 00 Bid Form: Listing of Unit Prices on the Bid Form. B. Section 01 21 00-Allowances:Allowance No. 1 to be based on Unit Price No. 1 specified in this Section. C. Section 06 10 00- Rough Carpentry. 1.03 COSTS INCLUDED A. Unit Prices included on the Bid Form shall include full compensation for all required labor, products, tools, equipment, plant, transportation, services and incidentals;erection, application or installation of an item of the Work; overhead and profit. 1.04 UNIT QUANTITIES SPECIFIED A. Quantities indicated in the Bid Form for Allowance No. 1 are for bidding and contract purposes only. Quantities and measurements of actual Work will determine the payment amount. 1.05 MEASUREMENT OF QUANTITIES' • A. Take all measurements and compute quantities. Measurements and quantities will be verified by Architect. B. Assist by providing necessary equipment,workers, and survey personnel as required. C. Measurement by Area: Measured by square dimension using mean length and width or radius. 1.06 PAYMENT A. Payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities of Work that is incorporated in or made necessary by the Work and accepted by the Architect, multiplied by the unit price. B. Payment will not be made for any of the following: 1. Products wasted or disposed of in a manner that is not acceptable. 2. Products determined as unacceptable before or after placement. 3. Products not completely unloaded from the transporting vehicle. 4. Products placed beyond the lines and levels of the required Work. 5. Products remaining on hand after completion of the Work. 6. Loading, hauling, and disposing of rejected Products. 1.07 SCHEDULE OF UNIT PRICES A. Unit Price Number 1: Plywood Panels-Price per square foot to provide all materials and labor to remove and replace any damaged plywood roof sheathing panels as specified in Section 06 10 00-Rough Carpentry. PART 2 PRODUCTS-NOT USED PART 3 EXECUTION -NOT USED END OF SECTION . Project No.12051 • Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 01 22 00 - 1 Printed 3/27/2013 SECTION 01 26 00 CONTRACT MODIFICATION PROCEDURES SECTION 01 26 00 CONTRACT MODIFICATION PROCEDURES PART 1 GENERAL 1.01 SECTION INCLUDES A. Procedures for processing contract modifications and Change Orders. 1.02 RELATED REQUIREMENTS A. AIA Document A201 -General Conditions of the Contract for Construction: Governing requirements for changes in the Work, in Contract Cost, and Contract Time. B. Section 01 20 00-Price and Payment Procedures:Applications for payment and Schedule of Values. C. Section 01 21 00-Allowances: Cash allowances. D. Section 01 22 00-Unit Prices: Descriptions of unit price items, administrative requirements. E. Section 01 78 00-Closeout Submittals: Project record documents, operation and maintenance (O&M)data, warranties and bonds. 1.03 SUBMITTALS A. See Section 01 30 00-Administrative Requirements, for submittal procedures. B. Submit name of individual authorized to accept changes, and to be responsible for informing others in Contractor's employ of changes in the Work. 1.04 GENERAL REQUIREMENTS A. No additional work shall be undertaken without Owner's and Architect's written approval. B. Written approval authorizing Contractor to undertake additional Work does not authorize automatic extension of Contract Completion time. C. Coordinate related requirements specified in other parts of the Project Manual including, but not limited to, General Conditions,Article 7, Changes in the Work,as supplemented. 1.05 DEFINITIONS A. Change Order(CO): This document signed by Owner,Contractor and Architect formally changes the Contract Sum or Contract Time and may incorporate Proposal Requests and/or Construction Change Directives. B. Proposal.Request(PR): This document initiated by the Architect is to be priced by the Contractor. Upon authorization by the Owner it becomes a directive to the Contractor to modify the scope of the Contract for inclusion in a future Change Order. C. Architect's Supplemental Instructions(ASI): This form is a written order comprising instructions or interpretations, signed by Architect making minor changes in the Work not involving a change in Contract Sum or Contract Time. If the Contractor considers that the ASI constitutes a Change in the Work, it must notify the Owner in accordance with the Contract Documents. D.• Construction Change Directive(CCD): A written order to the Contractor, signed by the Owner and Architect, amending Contract Documents as described. This order directs Contractor to proceed with Work that may alter Contract Sum and/or Contract Time, and is intended to be included in a subsequent Change Order pending agreement on changes in the Contract Sum and/or Contract Time. 1.06 SIGNATURES A. All signatures shall be original; no photocopies. Facsimile signatures shall be followed immediately by mail and/or delivery of originals. Project No.12051 Tigard-Tualatin School District April 2013 . Twality Middle School -Cafetorium Re-Roof 01 26 00 -1 Printed 3/27/2013 SECTION 01 26 00 CONTRACT MODIFICATION PROCEDURES 1.07 MODIFICATION PROCEDURES A. For minor changes not involving an adjustment to the Contract Sum or Contract Time, Architect will issue instructions directly to Contractor. 1. Form for Minor Changes in the Work:Architect's "Architect's Supplemental Instructions" form. 2. If Contractor determines that an Architect's Supplemental Instruction involves adjustments to the Contract Sum or Contract Time, Contractor shall prepare and issue a Proposal Request to the Architect for approval prior to proceeding with the Architect's Supplemental . Instruction. 1.08 DOCUMENTATION OF CHANGE IN CONTRACT SUM AND CONTRACT TIME A. Maintain detailed records of work performed on a time and materials basis. Provide complete information required for evaluation of proposed changes, and to substantiate costs for changes in the Work. B. Document each quotation for a change in cost or time with sufficient data to allow evaluation of the quotation. C. Computation of Change in Contract Amount:As specified in the Agreement and Conditions of the Contract. D. On request, provide additional data to support computations including: 1. Quantities of products, labor, and equipment. • 2. Taxes, insurance, and bonds. 3. Overhead and profit. 4. Justification for any change in Contract Time. 5. Credit for deletions from Contract, similarly documented. E. Support each claim for additional costs, and for work performed on a time and materials basis with the following information: 1. Origin and date of claim. 2. Dates and times work was performed, and by whom. 3. Time records and wage rates paid. 4. Invoices and receipts for products, equipment, and subcontracts, similarly documented. 1.09 PROPOSED CHANGE PROCEDURES A. For changes for which advance pricing is desired, Architect will issue a document that includes a detailed description of a proposed change with supplementary or revised drawings and specifications, a change in Contract Time for executing the change with a stipulation of any overtime work required and the period of time during which the requested price will be considered valid. Contractor shall prepare and submit a fixed price quotation within 14 days. 1. Form for Proposal Requests:Architect's "Proposal Request"form. B. If latent or unforeseen condition require modifications to the Contract, or if an RFI response or an Architect's Supplemental Instruction is determined to have cost or schedule impacts, Contractor may propose a change by submitting a request for change to Architect, describing the proposed change and its full effect on the Work,with a statement describing the reason for the change, and the effect on the Contract Sum and Contract Time with full documentation and a statement describing the effect on Work by separate or other contractors. Document any requested substitutions in accordance with Section 01 60 00. 1. Form for Proposal Requests:Architect's"Proposal Request"form. 1.10 APPROVAL OR REJECTION OF PROPOSAL A. When a proposed change is initiated through a Proposal Request: 1. Submit the following in writing within seven (7)days of date on Proposal Request: a. All direct and indirect costs. b. Schedule of Values and Unit Prices including basis for costs. c. Impact on other Work not described. Describe and include all direct and indirect costs of changes to other Work not specified in the PR. - Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 01 26 00-2 Pnnted 3/27/2013 SECTION 01 26 00 CONTRACT MODIFICATION PROCEDURES d. Quotation will be guaranteed for period specified in the PR beginning from signing of proposal, but, as a minimum, 30 days. If no period is specified, quotation shall be guaranteed for sixty(60)days from signing. e. Proposal shall be signed by authorized person. f. Failure of the Contractor to respond with pricing in a timely manner shall not be justification for claims by the Contractor of delay of the project associated with the . Change. 2. Architect and Owner will review proposal and respond in writing by one of the following: a. Authorizing. b. Requesting additional information. c. Rejecting. 3. Authorization to proceed with Change through a recommendation by the Architect to the Owner and written authorization by the Owner directs Contractor to undertake Work. B. When Change is initiated by Contractor: 1. Architect and Owner review and respond in writing by one of the following: a. Processing a Change Order or Proposal. b. Requesting additional information. c. Rejecting. 2. If Owner responds by processing a Proposal Request, follow procedure outlined above. 3. If additional information is requested by Owner, respond in writing within seven days of Owner's request. _ 1.11 DOCUMENTATION OF PROPOSALS AND CLAIMS A. Support each lump sum proposal quotation and each unit price(not previously established) with detailed substantiating data. Clearly cross reference tracking numbers of CCDs, RFIs, • PRs, etc. to allow easy identification of costs origins B. On request, provide additional data to support time and cost computations: 1. Labor hours, number of workers, time cards and hourly rate cost justification 2. Equipment hours, make and model, number of pieces required, rental agreements and hourly rate justification. 3. Products required. a. Recommended source of purchase and unit cost. b. Quantities required. 4. Documented credit for Work deleted from Contract. 5. Justification citing specifics of critical path impacts per current CPM for any change in Contract Time. • C. Support each claim for additional costs, and time-and-material/force account work with documentation, as required for lump-sum proposal. Include additional information: 1. Name of Owner's authorized agent who ordered work, and date of order. 2. Dates and times work was performed and by whom. 3. Time record, summary of hours worked and wage rates paid. 4. Receipts and invoices for: a. Equipment used, listing dates and times of use. b. Products used, listing of quantities. • c. Subcontracts. 1.12 CONSTRUCTION CHANGE DIRECTIVES A. For changes that involve an adjustment to the Contract Sum or Contract Time, Architect will issue a document signed by Owner instructing Contractor to proceed with the change,for subsequent inclusion in a Change Order. 1. The document will describe the required changes and will designate method of determining any change in Contract Sum or Contract Time. 2. Promptly execute the change. Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 01 26 00-3 Pnnted 3/27/2013 SECTION 01 26 00 CONTRACT MODIFICATION PROCEDURES 3. Form for Construction Change Directives:Architect's"Construction Change Directive" form. 1.13 FIXED PRICE CHANGE ORDER A. Base upon Architect's Proposal Request and Contractor's fixed price quotation; or Contractor's request for Change Order as approved by Architect and Owner. B. Change Order describes Work changes, additions and deletions, with attachments of authorized Proposal Requests, agreed Construction Change Directives and/or previously agreed upon change pricing or Contract Time modifications. C. Change Order provides accounting of any Contract Sum and Contract Time adjustment. 1.14 UNIT PRICE CHANGE ORDER A. For pre-determined unit prices and quantities, Change Order will be executed on a fixed price basis. B. For unit costs or quantities of units of work which are not predetermined, execute Work under a Construction Change Directive. Changes in Contract Sum or Contract Time will be computed as specified for a time and material Change Order. 1.15 TIME AND MATERIAL CHANGE ORDER A. Submit itemized account and supporting data after completion of change, within time limits specified in General Conditions of the Contract. B. Architect will determine the change allowable in Contract Sum and Contract Time as provided in the General Conditions of the Contract. C. Maintain and provide detailed records of work done on a time and materials basis. 1.16 EXECUTION OF CHANGE ORDERS A. Architect will issue Change Orders for signatures of parties as provided in General Conditions of the Contract. 1. Form for Change Orders: Architect's "Change Order"form. B. Proper signatures(original and dated)on CCD or Change Order authorize Contractor to proceed with Change. C. Promptly sign and date Change Order or provide detailed written and signed statement detailing reasons if refusing to sign. If the Contractor does not sign and return the Change Order, all aspects will be considered disputed, and Contractor shall not be paid on any Work on it. 1.17 DISTRIBUTION A. Architect will distribute one electronic copy to Owner and Contractor. B. Change Orders: Upon authorization, Owner will transmit two signed originals to Architect. 1. Architect will retain one copy for its files. 2. Architect will transmit one copy to Contractor. C. Construction Change Directives: Upon authorization, Architect will issue one electronic copy to Owner and Contractor. 1. Directive describes Work Change additions or deletions,with attachments of revised Contract Documents. 2. Owner will sign and date as directive to proceed with Change and issue 3 copies to the Contractor. 3. Promptly sign, date and return two copies to the Architect. If Contractor does not agree with terms, it will proceed with changed Work and follow procedures noted in the General Conditions while still returning one copy to the Architect. 4. Distribution: a. Architect will issue one original to Owner while maintaining one for Architect's files. Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 01 26 00-4 Printed 3/27/2013 SECTION 01 26 00 CONTRACT MODIFICATION PROCEDURES 1.18 CREDIT AMOUNT TO CONTRACT SUM -INSURANCE A. If a Change Order or Construction Change Directive results in a reduction of the Contract Sum, the Owner shall be entitled to a credit that includes the amount of the value of bond premium, amounts charged for additives for insurance premium. 1.19 .CORRELATION OF CONTRACTOR SUBMITTALS A. Promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item.Adjust Contract Sum as shown on Change Order. B. Promptly revise Progress Schedule to reflect any changes in Contract Time, revise • subschedules to adjust times for other items of work affected by the change; and resubmit. • C. Promptly enter changes in Project Record Documents. PART 2 PRODUCTS-NOT USED PART 3 EXECUTION -NOT USED END OF SECTION • • • Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 01 26 00 -5 Pnnted 3/27/2013 1 SECTION 01 30 00 ADMINISTRATIVE REQUIREMENTS SECTION 01 30 00 ADMINISTRATIVE REQUIREMENTS • PART 1 GENERAL 1.01 SECTION INCLUDES A. Project Coordination. B. Preconstruction meeting. • C. Progress meetings. D. Preinstallation conferences. • E. Requests for information(RFI). F. Submittals for review, information, and project closeout. G. Submittal procedures. • H. Timing of submittals. I. Product submittals. 1.02 RELATED REQUIREMENTS A. Section 01 32 00-Construction Progress Documentation: Form, content and administration of schedules. B. Section 01 60 00-Product Requirements:Contractor's list of Products. C. Section 01 70 00-Execution:Additional coordination requirements. D. Section 01 78 00-Closeout Submittals: Project record documents. 1.03 PROJECT COORDINATION A. -Coordinate Work of all personnel, requirements and Work specified throughout the Contract Documents, including Work performed,by subcontractors and suppliers. B. Coordinate scheduling, submittals, and the work of the various Sections of the Specifications to assure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. C. Contractor's work and responsibilities include, but are not limited to, the following: 1. Provide all labor, materials, equipment, delivery, tools, machines,facilities, and services necessary for the proper execution of the Work. 2. Coordinate scheduling, submittals and Work of the various Sections of Specifications to assure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. 3. Ensure that notification to and inspections by permitting agencies are completed in a timely fashion. • 4. Coordinate utility outages with a minimum of 24 hours advance notice to Owner. 5. Store, protect, and secure materials,on and off site. 6. Supervise and coordinate after hours work. D. The separation of portions of the Work into particular divisions of the specifications or sections of the drawings may not in every case conform to the categories of work typically subcontracted to particular crafts or trades. Inform bidders, subcontractors, crafts and trades that work assigned to them may be contained in sections other than customary. In every case, provide and coordinate at no additional cost to Owner, all work required in the Contract Documents. E. Verify that utility requirement characteristics of operating equipment are compatible with building utilities. Coordinate work of various Sections having interdependent responsibilities for installing,connecting to, and placing in service, all such equipment. F. Coordinate completion and cleanup of Work of separate Sections in preparation for Substantial Completion and for portions of Work designated for Owner occupancy. Project No.12051 Tigard-Tualatin School District • April 2013 Twality Middle School-Cafetorium Re-Roof 01 30 00 - 1 Pnnted 3/27/2013 SECTION 01 30 00 ADMINISTRATIVE REQUIREMENTS G. After Owner occupancy of premises, coordinate access to site for correction of defective Work and Work not in accordance with Contract Documents, to minimize disruption of Owner activities. PART 2 PRODUCTS-NOT USED PART 3 EXECUTION 3.01 PRECONSTRUCTION MEETING A. The Owner will schedule a preconstruction conference before the start of construction, at a time convenient to the Owner, Contractor and the Architect, but no later than 10 days after execution of the Agreement. The conference will be held at the Project Site or another convenient location. The meeting shall be conducted to review general issues of responsibilities, communications, and contract administration procedures. B. Attendance Required: 1. Owner. 2. Architect. 3. Contractor. 4. Contractor's Superintendent. 5. Major Subcontractors. 6. Major Suppliers when requested; others as appropriate. C. Agenda: 1. Status of the Contract, bonds, insurance or other contract requirements. 2. Status/timing of Notice to Proceed. 3. Distribution of Contract Documents. 4. Submission of list of Subcontractors, list of Products, schedule of values, and progress schedule. 5. Designation of personnel representing the parties to Contract and Architect. 6. Contract administration responsibilities, communications and procedures. 7. Tentative Contractor's construction schedule. 8. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract closeout procedures. 9. Scheduling. 10. Related work by Owner and coordination with Contractor. 11. Contractor's safety plan. 12. Owner's requirements. 13. Working hours, site access and parking. 14. Contractor's site mobilization and storage areas. 15. Material and equipment deliveries. 16. Maintaining good neighborhood relations and achieving noise, store water, erosion and dust control. 17. Construction facilities and controls. 18. Security and housekeeping procedures. 19. Special inspection, testing and quality control, including procedures for testing. 20. Procedures for maintaining record documents. 21. Status of permits. 22. Progress meeting schedule date and time. 23. Review of Contract Documents and outstanding questions related thereto. D. Architect will record minutes and distribute copies within two days after meeting to participants, with copies to Architect, Owner, participants, and those affected by decisions made. 3.02 PROGRESS MEETINGS A. Progress meetings will be conducted at the Project Site on a weekly basis, or at intervals otherwise agreed to.The schedule of the meetings shall be established by mutual consent of the Owner, Architect and Contractor. No changes to said schedule shall be made without Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 01 30 00-2 Pnnted 3/27/2013 SECTION 01 30 00 ADMINISTRATIVE REQUIREMENTS mutual consent of the same parties. Coordinate preparation of the payment request with dates of meetings. B. Make arrangements for meetings, prepare agenda with copies for participants, preside at meetings. C. Attendees: In addition to representatives of the Contractor, Owner and the Architect, other individuals concerned with current progress or coordination may be represented at these meetings. Participation by Subcontractors shall be limited to attendance only when required by the Architect or when a prearranged topic relating to the specific trade or supplier requires their attendance at the meeting. D. Agenda: 1. Review minutes of previous meetings. 2. Review of Work progress. 3. Field observations, problems, and decisions. 4. Identification of problems that impede, or will impede, planned progress. 5. Review of submittals schedule and status of submittals. 6. Status of RFI's,ASI's, Proposal Requests, CCD's and Change Orders. 7. Review of off-site fabrication and delivery schedules. 8. Site access, utilization and parking. 9. Problems from or affecting occupants or neighbors. 10. Permitting and agency issues. 11. Quality/inspection issues. • 12. Maintenance of progress schedule. a. Review progress since the last meeting; b. Distribute Contractor's two-week look ahead schedule. c. Evaluate current activity is in relation to the Contractor's Schedule. d. Identify in advance potential delays involving: submittals, material/equipment procurement;approvals; Owner-furnished materials; or separate contracts, if any. e. Determine how construction behind schedule will be expedited; securing commitments from parties involved to do so. f. Determine whether a recovery schedule is required for the Contractor's Construction Schedule to insure completion within the contract time. 13. Coordination of projected progress. 14. Maintenance of quality and work standards. 15. Effect of proposed changes on progress schedule and coordination. 16. Pay Application review at monthly interval. 17. Review of Project Record Documents. 18. Other business relating to Work. E. Record minutes and distribute copies within two days after meeting to participants, with one copy to Architect, Owner, participants, and those affected by decisions made. 1. Minutes shall number topics in a manner that reflects when each topic was first raised. 2. Each topic shall reflect who is responsible for acting on the topic and date by which resolution is required. 3. No topic shall be dropped from the minutes until the method of resolution is recorded. 3.03 PREINSTALLATION CONFERENCES A. When required in individual Specification Sections, convene a preinstallation conference at work site prior to commencing work of the Section. B. Attendees:The Installer and representatives of manufacturers and fabricators, sub-contractors, Contractor, Owner's representative and Owner's special inspector involved in or affected by the installation, and its coordination or integration with other materials and installations, shall attend the meeting. Advise the Architect of scheduled meeting dates. C. Notify Architect and Owner minimum four days in advance of meeting date. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 01 30 00-3 Printed 3/27/2013 SECTION 01 30 00 ADMINISTRATIVE REQUIREMENTS D. Agenda: Review the progress of related construction activities, including drawing and specification requirements for the following: 1. Shop Drawings, Product Data, and quality-control samples and other required submittals. 2. Time schedules, 3. Weather limitations. 4. Manufacturer's recommendations. 5. Warranty requirements. 6. Acceptability of substrates. 7. Quality, inspection, and testing requirements. E. Review conditions of installation, preparation and installation procedures, and coordination with related work. F. Record significant conference discussions, agreements, and disagreements, including required corrective measures and actions. G. Reporting: Distribute minutes of the meeting to each party present and to other parties requiring information. H. Do not proceed with installation if the conference cannot be successfully concluded. Initiate whatever actions are necessary to resolve impediments to performance of the Work and reconvene the conference at earliest feasible date. 3.04 REQUESTS FOR INFORMATION (RFIS) A. General: Immediately on discovery of the need for additional information or interpretation of the Contract Documents, prepare and submit an RFI in the form specified. .1. RFIs shall originate with Contractor.Architect will return RFIs submitted to Architect by other entities controlled by Contractor with no response. 2. Limit topics on each RFI to a single topic to expedite response. 3. Coordinate and submit RFIs in a prompt manner so as to avoid delays in Contractor's work or work of subcontractors. 4. If Contractor disagrees with Architect's response to Contractor's RFI, Contractor shall notify Architect within seven days of receipt of response. Lack of such notification shall be understood to mean that Contractor agrees with response. B. Content of the RFI: Include a detailed, legible description of item needing information or interpretation and the following: 1. Date. 2. RFI number, numbered sequentially. 3. RFI subject. 4. Specification Section number and title and related paragraphs, as appropriate. . 5. Drawing number and detail references, as appropriate. 6. Field dimensions and conditions, as appropriate. 7. Contractor's suggested resolution. If proposed solution impacts the Contract Time or the Contract Sum, state impact in the RFI. 8. The following statement: a. "This reply is not an authorization to proceed with work involving additional cost, time or both. If any reply requires a change to the Contract Documents, a Change Order or Construction Change Directive must be executed in accordance with the Contract Documents prior to implementation of the reply. Proceeding with the Work in accordance with this RFI response indicates Contractor's acknowledgement that there will be no change in the Contract Sum or Contract Time." 9. Contractor's signature. 10. Attachments: Include sketches, descriptions, measurements, photos, Product Data, Shop Drawings, coordination drawings and other information necessary to fully describe items needing interpretation. C. RFI Forms: Contractor's software-generated form with the content specified and as acceptable to the Architect. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 01 30 00 -4 Pnnted 3/27/2013 SECTION 01 30 00 ADMINISTRATIVE REQUIREMENTS D. Architect's Action:Architect will review each RFI, determine action required, and respond. Allow seven working days for Architect's response for each RFI. RFIs received by Architect after 1:00 p.m. will be considered as received the following working day. 1. The following RFIs will be returned without action: a. Requests for approval of substitutions. b. Requests for adjustments in the Contract Time or the Contract Sum. c. Requests for interpretation of Architect's actions on submittals. d. Incomplete RFIs or inaccurately prepared RFIs. 2. Architect's action may include a request for additional information, in which case Architect's time for response will date from time of receipt of additional information. 3. Architect's action on RFIs that may result in a change to the Contract Time or the Contract Sum may be eligible for Contractor to submit Work Changes Proposal Request according to Section 01 26 00-Contract Modification Procedures. a. If Contractor believes the RFI response warrants change in the Contract Time or the Contract Sum, notify Architect in writing within 10 days of receipt of the RFI response. b. A response to an RFI is not direction or approval of a change to either Contract Time or Contract Sum. c. Proceeding with the Work in accordance with an RFI response, without such written notification and an approved Change Order or Construction Change Directive, indicates Contractor's acknowledgement that there is no change to the Contract Time or the Contract Sum. E. On receipt of Architect's action, update the RFI log and immediately distribute the RFI response to affected parties. Review response and notify Architect within seven days if Contractor disagrees with response. F. RFI Log: Prepare, maintain, and submit a tabular log of RFIs organized by the RFI number. Submit log weekly. Include the following: 1. RFI number including RFIs that were dropped and not submitted. 2. RFI description. 3. Date the RFI was submitted. 4. Date Architect's response was received. 5. Identification of related Minor Change in the Work, Construction Change Directive, Change Order and Proposal Request, as appropriate. 3.05 SUBMITTALS FOR REVIEW A. When the following are specified in individual sections, submit them for review: 1. Product data. 2. Shop drawings . 3. Samples for selection. 4. Samples for verification. B. Submit to Architect for review for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. C. Samples will be reviewed only for aesthetic, color, or finish selection. D. After review, provide copies and distribute in accordance with SUBMITTAL PROCEDURES article below and for record documents purposes described in Section 01 78 00-CLOSEOUT SUBMITTALS. 3.06 SUBMITTALS FOR INFORMATION A. When the following are specified in individual sections, submit them for information: 1. Design data. 2. Certificates. 3. Test reports. 4. Inspection reports. 5. Manufacturer's instructions. 6. Manufacturer's field reports. Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 01 30 00-5 Pnnted 3/27/2013 SECTION 01 30 00 ADMINISTRATIVE REQUIREMENTS 7. . Other types indicated. B. Submit for Architect's knowledge as contract administrator for Owner. No action will be taken. 3.07 SUBMITTALS FOR PROJECT CLOSEOUT A. When the following are specified in individual sections, submit them at project closeout: 1. Project record documents. 2. Operation and maintenance data. 3. Warranties. 4. Bonds. • 5. Other types as indicated. B. Submit for Owner's benefit during and after project completion. 3.08 NUMBER OF COPIES OF SUBMITTALS A. Documents for Review: 1. Small Size Sheets, Not Larger Than 8-1/2 x 11 inches: Submit the number of copies that Contractor requires, plus two copies that will be retained by Architect. 2. Larger Sheets, Not Larger Than 30 x 42 inches: Submit the number of opaque reproductions that Contractor requires, plus two copies that will be retained by Architect. B. Documents for Information: Submit two copies. C. Samples: Submit the number specified in individual specification sections; one of which will be retained by Architect. 1. After review, produce duplicates. 2. Retained samples will not be returned to Contractor unless specificallyso stated. 3.09 SUBMITTAL PROCEDURES A. Submit Schedule of all shop drawings, product data, and samples as specified in each individual Section of the Project Manual. Include submittal and installation dates of each product and assembly. Coordinate with construction schedule and allow ample time, but in no case fewer than 14 days,for Architect's review.Allow time for possible disapproval, correction, and resubmittal. B. Submit all submittal items required for each Specification Section concurrently unless partial submittals for portions of the Work are indicated on approved submittal schedule. 1. Incomplete submittals are not acceptable, will be considered nonresponsive, and will be returned without review. C. Identify Project, Contractor, Subcontractor or supplier; pertinent drawing and detail number, and specification section number, as appropriate on each copy. D. Apply Contractor's stamp, signed or initialed certifying that review, approval, verification of Products required,field dimensions, adjacent construction Work, and coordination of information is in accordance with the requirements of the Work and Contract Documents. 1. Architect will not accept or process submittals which do not reflect Contractor's review and approval. E. Deliver submittals to Architect at address listed on title sheet of Project Manual or as approved by Architect. F. Schedule submittals to expedite the Project, and coordinate submission of related items. G. Do not fabricate products or begin work which requires submittals prior to return of submittal with Architect acceptance. H. Identify variations from Contract Documents and Product or system limitations that may be detrimental to successful performance of the completed Work. 1. Contractor's responsibility for deviations in submittals from requirements of Contract Documents is not relieved by Architect's review of submittals, unless Contractor notates specific deviations and the deviations are specifically approved by the Architect. I. Provide space for Contractor and Architect review stamps. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 01 30 00 -6 Printed 3/27/2013 SECTION 01 30 00 ADMINISTRATIVE REQUIREMENTS J. When revised for resubmission, identify all changes made since previous submission. K. Distribute reviewed submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. L. Submittals not requested will not be recognized or processed. 3.10 TIMING OF SUBMITTALS A. General: 1. The listing of submittals hereinafter is set forth as a checklist for Contractor's convenience and is general in nature. 2. Architect reserves the right to add to this list in case of omission of any submittals specified in other Sections but not listed hereinafter. B. Submittals - Required Within Seven Days Postbid: 1. Letter from Insurance Company-insurance required effective upon Contract. 2. Letter from Surety- bonds required effective upon Contract. 3. Breakdown of bid (if requested). 4. Names of proposed suppliers for each of the principal portions of the Work. 5. Contractor's Construction Management Personnel: Project Manager- minimum 3 years experience; Field Superintendent-minimum 5 years experience. 6. Responsibility of Subcontractors. 7. A designation of the Work to be performed by the Contractor by his own forces. C. Submittals- Required Within Seven Days After Notice of Intent to Award Contract(Prior to Execution of Contract): 1. Final List of Subcontractors and major material suppliers for principal portions of the Work. 2. Evidence of bondability(Performance Bond and Payment Bond). 3. Certificates of Insurance(on AIA Document G705 or equivalent). 4. Actual costs(%)of the Contractor's liability insurance. 5. Endorsements for additional insured. 6. Statements of State Worker's Compensation coverage. 7. Copy of Builder's Risk Policy. 8. Project Organizational Chart. 9. Key Staff Resumes with telephone and contact information. 10. Contractor's Safety Plan 11. Summary of Warranties included in Bid, including duration and start time of each. Itemize any deviations from Bid Document requirements. 12. Other documents required by Contract Documents. D. Submittals- Prior to Notice to Proceed: 1. Executed Agreement. 2. Certified copies of Contractor's Liability Insurance Policies(AIA Document G705). E. Submittals-Within Seven Days Following Contract Execution and Prior to Commencing Work: 1. Deliver Bonds to Owner with copy to Architect. 2. Performance and Labor&Material Payment Bonds per Oregon Law with certified copy of Power of Attorney from Attorney-in-Fact executing bonds. 3. Certified Schedule of Prevailing Wage Rates (attach to executed contract). F. Submittals-Within Thirty Days Following Notice to Proceed and Prior to First Payment Application: 1. Schedule of values-submit at least 14-days in advance of application. 2. Schedule of submittals. 3. Copies of acquired and unacquired building permit licenses etc. to complete the Work of the Contract. Submit copies of any remaining permits as they are acquired. 4. Construction schedule. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 01 30 00 -7 Pnnted 3/272013 SECTION 01 30 00 ADMINISTRATIVE REQUIREMENTS G. Submittals-Prior to Each Month's Progress Payment: 1. Submit 10 days in advance of date established for progress payment. 2. Application and Certificate for Payment(AIA Document G702 and G703). 3. Notarized affidavit of payments to all subcontractors and major material suppliers (see application for payment). 4. Updated Construction Schedule. 5. Public Works Contractor Wage Certification per Oregon Law. H. Submittals- Prior to request for Substantial Completion: 1. Notification to Architect that Work of the Project is substantially complete. 2. Itemized listing of items of work to be completed or corrected. 3. Submit Certificate of Occupancy or Occupancy Permit issued by the Local Building Department for the entire Project. 4. Draft Operations and Maintenance Manuals and draft warranties. I. Submittals-Prior to request for Final Completion: 1. Certified copy of punchlist items completed. 2. Submit final Application for Payment. 3. Demonstration and Training training reports. 4. Final complete and correct Operations and Maintenance Manuals. 5. Record Drawings of Contract Documents with all changes-indicated. 6. Final dated and signed Warranties. 3.11 CONSTRUCTION PROGRESS SCHEDULE A. Submit initial progress schedule as required in Section 01 32 00-Construction Progress Documentation. B. Revise and resubmit as required. C. Review revised schedules with each Application for Payment, identifying changes since previous version. D. See Section 01 32 00 for specific requirements. 3.12 SCHEDULE OF VALUES A. Submit typed schedule on AIA Form G703. Contractor's standard form or media-driven printout will be considered on request. B. Format: Table of Contents of this Project Manual. Identify each line item with number and title of the major Specification Sections. C. Revise schedule to list change orders,for each application for payment. D. Comply with requirements in Section 01 20 00- Price and Payment Procedures. 3.13 PRODUCT SUBMITTALS- DETAILED REQUIREMENTS A. Submit 5 copies of each submittal. Maximum of three copies will be retained by the Architect. Provide additional copies as required for governing agency reviews. 1. Samples for Initial Selection: Submit one full set of available choices where color, pattern, texture, or similar characteristics are required to be selected from manufacturer's product line.Architect will return submittal with options selected.Architect will retain selected sample for confirmation of subsequent submittals. 2. Samples for Verification: Provide 3 copies of samples unless more are required for distribution to other subcontractors or fabricators for matching or preparation of finish • samples. B. Present in a clear and thorough manner.Title each drawing with Project Name. C. Identify field-verified dimensions; show relation to adjacent or critical features of Work or products. D. Number submittals by submittal section number,followed by a number which sequentially numbers submittals in order submitted to Architect. For example, the initial submittal of Joint Protect No 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 01 30 00 -8 Pnnted 3/272013 SECTION 01 30 00 ADMINISTRATIVE REQUIREMENTS Sealers 07 90 05 would be designated 07 90 05-1. If the submittal must be resubmitted it shall be identified as 07 90 05-1-R1 and subsequent resubmittal shall be sequentially numbered in order as resubmitted. E. Shop Drawings: 1. Prepare Project-specific information, drawn accurately to scale. Do not base Shop Drawings on reproduction of the Contract Documents or standard printed data. 2. Fully illustrate requirements in the Contract Documents including, but not limited to: a. Identification of products. b. Compliance with specified standards. c. Notation of coordination requirements. d. Notation of dimensions established by field measurement. e. Relationship and attachment to adjoining materials or assemblies, relevant field conditions and all necessary dimensions. F. Product Data: 1. Submit number of copies as directed above. 2. Submit only pages which are pertinent; mark each copy of standard printed data to identify pertinent products, referenced to Specification Section and Article number. 3. Modify manufacturer's standard schematic drawings and diagrams to supplement standard information and to provide information specifically applicable to the Work. Delete information not applicable. • 4. Product data that has not been marked to indicate the applicable information will be returned without review. 5. Contractor shall assemble Product Data required for maintenance manuals and submit to Architect in accordance with Section 01 7800-Closeout Submittals. G. Samples: 1. Submit full range of manufacturer's standard finishes except when more restrictive requirements are specified, indicating colors, textures, and patterns,for Architect selection. 2. Submit samples to illustrate functional characteristics of products, including parts and attachments. . 3. Approved samples which may be used in the Work are indicated in the individual Specification Sections. 4. Label each sample with identification required for transmittal letter. 5. Submit the number of samples specified in individual Specification Sections. One of which will be retained by the Architect. a. Submit additional samples when copies will be required for distribution to other subcontractors or fabricators for matching or preparation of finish samples. 6. Provide field samples of finishes at project site, at location acceptable to Architect, as required by individual Specifications Section. Install each sample complete and finished. Acceptable finishes in place may be retained in completed work if approved by Architect. H. Manufacturer's Instructions: 1. Provide at Minimum: Manufacturer's instructions for storage, preparation, assembly and installation. I. Manufacturer's Certificates: 1. When,specified in individual Specification Sections, submit manufacturers'certificate to Architect/Engineer for review, in quantities specified herein. 2. Indicate material or product in conformance with or exceeding specified requirements. Submit supporting reference date, affidavits, and certifications as appropriate. 3. Certificates may be recent or previous test results on material or Product, but must be acceptable to Architect. END OF SECTION Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 01 30 00-9 Punted 3/272013 SECTION 01 32 00 CONSTRUCTION PROGRESS DOCUMENTATION • - SECTION 01 32 00 CONSTRUCTION PROGRESS DOCUMENTATION PART 1 GENERAL 1.01 SECTION INCLUDES • A. Preliminary schedule. B. Construction progress schedule, bar chart type. C. Material location reports. D. Field condition reports. E. Special reports. 1.02 REFERENCES A. AGC (CPSM)-Construction Planning and Scheduling Manual;Associated General Contractors of America. 1.03 SUBMITTALS A. Preliminary Schedule:Within 14 days after date of Owner's Notice of Intent to Award the Contract, submit preliminary schedule defining planned operations for the first 60 days of Work, with a general outline for remainder of Work. 1. Submit minimum two hard copies to Architect for review. • 2. If preliminary schedule requires revision after review, submit revised schedule within 10 days. B. Construction Schedule:Within 14 days after date established in Notice to Proceed, submit draft of proposed complete schedule for review. 1. Include written certification that major Subcontractors have reviewed and accepted proposed schedule. 2. Not less than 10 percent of the initial Application for Payment may be withheld until a complete Construction Progress Schedule has been submitted in a form acceptable to Architect and Owner. 3. Neither Owner or Architect shall be responsible for review of the entire substance of the Progress Schedule. 4. Within 30 days after dated established in Notice to Proceed, submit complete schedule. 5. Submit updated schedule with each Application for Payment. 6. At each progress meeting, submit the following: a. Updated schedule incorporating revisions to the construction schedule. b. -A two-week look-ahead schedule listing current and upcoming activities by trade, including anticipated start and complete dates as applicable. C. Submit the number of opaque reproductions that Contractor requires, plus two copies that will be retained by Architect. D. Material Location Reports: Submit at monthly intervals. E. Field Condition Reports: Submit at time of discovery of differing conditions. F. Special Reports: Submit at time of unusual event. 1.04 SCHEDULE FORMAT A. Listings: In chronological order according to the start date for each activity. Identify each activity with the applicable specification section number. B. Diagram Sheet Size: Maximum 30 x 42 inches or width required. • C. Scale and Spacing: To allow for notations and revisions. PART 2 PRODUCTS 2.01 PRELIMINARY SCHEDULE A. Prepare preliminary schedule in the form of a horizontal bar chart. Protect No 12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 01 32 00- 1 Pnnted 3/272013 • SECTION 01 32 00 CONSTRUCTION PROGRESS DOCUMENTATION B. Content 1. Show complete sequence of construction by activity,with dates for beginning and completion of each element of construction. 2. Identify each item by specification section number. 3. Identify work of logically grouped activities. 4. Include conferences and meetings in schedule. 5. Show accumulated percentage of completion of each item, and total percentage of Work completed, as of the first day of each month. 6. Provide separate schedule of submittal dates for shop drawings, product data, and samples, Owner-furnished products, and dates reviewed submittals will be required from Architect. Indicate decision dates for selection of finishes. 7. Include not less than 15 days for startup and testing. 8. Indicate delivery dates for Owner-furnished products and products identified under Allowances. 9. Coordinate content with schedule of values specified in Section 01 20 00- Price and Payment Procedures. 10. Include not more than 30 days for punch list and final completion, unless otherwise indicated. 11. Provide legend for symbols and abbreviations used. 2.02 BAR CHARTS A. Include a separate bar for each major portion of Work or operation. B. Identify the first work day of each week. 2.03 SCHEDULE-DRIVEN REQUIREMENTS A. A schedule for the purchase, delivery, and receipt of critical items required for performance of the Work, showing lead times between purchase order placement and delivery dates, shall be integrated with the Construction Progress Schedule. Neither the Architect nor the Owner shall be deemed to have approved or accepted any such material, or its schedule, nor deemed to have waived this requirement if some or all of the material is not received. B. Should the Contractor fail to meet any scheduled date as shown on the current Construction Progress Schedule, the Contractor shall, if requested, be required at its own expense to submit within ten days of the request an updated Construction Progress Schedule. If the Contractor's progress indicates to the Owner that the Work will not be Substantially Completed within the Contract Time, the Contractor shall, at its own expense, increase its work force and/or working hours to bring the actual completion dates of the activities into conformance with the Construction Progress Schedule and Substantial Completion within the Contract Time.The Contractor shall reschedule and also submit a revised Construction Progress Schedule at its own expense within ten days of notice from the Architect that the sequence of work varies significantly from that shown on the current Schedule showing work to complete on original Contract Time with approved extensions. Neither the Owner nor the Architect will, however, be obligated to review the substance or sequence of the Construction Progress Schedule or otherwise determine whether it is correct, appropriate or attainable. C. Schedule Float Utilization: 1. Any float time to activities not on the critical path shall belong to the Project, and may be used by the Project to optimize its construction process. Any float time between the end of the final construction activity and the final completion date shall belong to the Owner, and may be used by the Owner in determining if additional contract days are to be awarded for changes in the contract or for delays to the contract caused by the Owner.The Contractor will not be entitled to any adjustment in the Contract Time, the Construction Schedule, or the Contract Sum, or to any additional payment of any sort by reason of the Owner's use of float time between the end of the final construction activity and the final completion date or by reason of the loss or use of any float time, including time between the Contractor's anticipated completion date and end of the Contract Time,whether or not the float time is described as such on the Construction Progress Schedule. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 01 32 00-2 Printed 3/27/2013 SECTION 01 32 00 CONSTRUCTION PROGRESS DOCUMENTATION D. Closeout: In the Contractor's Construction Schedule provide key activities required under Sections 01 77 00-Closeout Procedures and 01 78 00-Closeout Submittals. These activities will be cost-loaded to a cumulative total of not less than 2 percent of the contract value. 2.04 REPORTS A. Material Location Reports:At monthly intervals, prepare and submit a comprehensive list of materials delivered to and stored at Project site. List shall be cumulative, showing materials previously reported plus items recently delivered. Include with list a statement of progress on and delivery dates for materials or items of equipment fabricated or stored away from Project site. B., Field Condition Reports: Immediately on discovery of a difference between field conditions and the Contract Documents, prepare and submit a detailed report.Submit with a Request for Information. Include a detailed description of the differing conditions, together with recommendations for changing the Contract Documents. 2.05 SPECIAL REPORTS A. General: Submit special reports directly to Owner within one day of an occurrence. Distribute copies of report to parties affected by the occurrence. B. Reporting Unusual Events:When an event of an unusual and significant nature occurs at Project site, whether or not related directly to the Work, prepare and submit a special report. . List chain of events, persons participating, response by Contractor's personnel, evaluation of results or effects, and similar pertinent information. Advise Owner in advance when these events are known or predictable. PART 3 EXECUTION 3.01 REVIEW AND EVALUATION OF SCHEDULE A. Participate in joint review and evaluation of schedule with Architect at each submittal. B. Evaluate project status to determine work behind schedule and work ahead of schedule. 3.02 UPDATING SCHEDULE A. Maintain schedules to record actual start and finish dates of completed activities. B. Indicate progress of each activity to date of revision,with projected completion date of each activity. C. Update diagram to graphically depict current status of Work. D. Identify activities modified since previous submittal, major changes in Work, and other identifiable changes. E. Indicate changes required to maintain Date of Substantial Completion. F. Submit reports required to support recommended changes. 3.03 DISTRIBUTION OF SCHEDULE A. Distribute copies of updated schedules to Contractor's project site file, to Subcontractors, suppliers,Architect, Owner, and other concerned parties. B., Instruct recipients to promptly report, in writing, problems anticipated by projections shown in schedules. END OF SECTION Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 01 32 00-3 Pnnted 3/272013 • SECTION 01 32 33 PHOTOGRAPHIC DOCUMENTATION SECTION 01 32 33 • • PHOTOGRAPHIC DOCUMENTATION PART 1 GENERAL 1.01 SECTION INCLUDES A. Preconstruction photographs. B. Periodic construction photographs. 1.02 RELATED REQUIREMENTS A. Section 01 30 00-Administrative Requirements: Submittal requirements. 1.03 SUBMITTALS A. Key Plan: Submit key plan of Project site and building with notation of vantage points marked for location and direction of each photograph. Include same information as corresponding photographic documentation. B. Digital Photographs:Submit image files within three days of taking photographs. 1.04 USAGE RIGHTS A. Obtain and transfer copyright usage rights from photographer to Owner for unlimited reproduction of photographic documentation. B. Do not display photographs in publications without permission of Owner. PART 2 PRODUCTS 2.01 PHOTOGRAPHIC MEDIA A. Digital Images: Provide images in JPG format, produced by a digital camera with minimum sensor size of 8 megapixels, and at an image resolution of not less•than 1600 by 1200 pixels and 400 dpi. PART 3 EXECUTION 3.01 CONSTRUCTION PHOTOGRAPHS A. General:Take photographs using the maximum range of depth of field, and that are in focus,to clearly show the Work. Photographs with blurry or out-of focus'areas will not be accepted. 1. Maintain key plan with each set of construction photographs that identifies each photographic location. B. Digital Images: Submit digital images exactly as originally recorded in the digital camera, without alteration, manipulation, editing, or modifications using image-editing software. 1. Date and Time: Include date and time in file name for each image. 2. Key Plan: Include dig ital copy of key plan with each electronic submittal; include point of view identification in each photo file name. 3. Field Office Images: Maintain one set of images accessible in the field office at Project site,available at all times for reference. Identify images in the same manner as those submitted to Architect. C. Preconstruction Photographs: Before commencement of Work, take photographs of areas of Work, including existing items to remain during construction, from different vantage points, as directed by Architect. 1. Take photographs as necessary to.accurately record physical conditions at start of .construction and to document deteriorated or damaged elements, such as roof sheathing, that need to be replaced. D. Periodic Construction Photographs: Take 20 photographs monthly, coinciding with the cutoff date associated with each Application for Payment. Select vantage points to show status of construction,and progress since last photographs were taken. END OF SECTION • Project No.12051 Tigard-Tualatin School District April 2013 • Twality Middle School -Cafetorium Re-Roof 01 32 33- 1 Pnnted 3/27/2013 - SECTION 01 40 00 • QUALITY REQUIREMENTS SECTION 01 40 00 QUALITY REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. References and standards. B. Quality assurance submittals. C. Control of installation. D. Manufacturers'field services. 1.02 RELATED REQUIREMENTS A. Section 01 30 00-Administrative Requirements: Submittal procedures. B. Section 01 42 16-Definitions. • C. Section 01 60 00-Product Requirements: Requirements for material and product quality. 1.03 SUBMITTALS A. Certificates:When specified in individual specification sections,submit certification by the manufacturer and Contractor or installation/application subcontractor to Architect, in quantities specified for Product Data. ° 1. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. 2. Certificates may be recent or previous test results on material or product, but must be acceptable to'Architect. B. Manufacturer's Instructions:When specified in individual specification sections, submit printed instructions for delivery, storage, assembly, installation, adjusting, and finishing,for the Owner's information. Indicate special procedures, perimeter conditions requiring special attention, and special environmental criteria required for application or installation. C. Manufacturer's Field Reports: Submit reports in quantities specified for Product Data. 1. Submit report within 14 days of observation to Architect for information. D. Permits, Licenses,and Certificates: For Owner's records, submit copies of permits, licenses, certifications, inspection reports, releases,jurisdictional settlements, notices, receipts for fee payments,judgments, correspondence, records, and similar documents, established for compliance with standards and regulations bearing on performance of the Work. 1.04 DEFINITIONS A. Preconstruction Testing: Tests and inspections performed specifically for the Project before products and materials are incorporated into the Work to verify performance or compliance with specified criteria. B. Experienced:When used with an entity or individual, "experienced" means having successfully completed a minimum of five previous projects similar in nature, size, and extent to this Project; being familiar with special requirements indicated; and having complied with requirements of authorities having jurisdiction. 1.05 CONFLICTING REQUIREMENTS A. Metal Thickness:Where thickness of metals is designated in both gage and thickness in inches, the thickness in inches shall govern. Gages are provided for convenience only. Specified submittals for metals shall indicate thicknesses in inches. 1.06 REFERENCES AND STANDARDS A. For products and workmanship specified by reference to a document or documents not included in the Project Manual,also referred to as reference standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 01 40 00- 1 Pnnted 3/27/2013 SECTION 01 40 00 QUALITY REQUIREMENTS B. Conform to reference standard of date of issue current on date of Contract Documents, except where a specific date is established by applicable code. 1.07 MANUFACTURER'S FIELD SERVICES A. Manufacturer's Field Services:Where indicated, engage a manufacturer's technical representative to observe and inspect the Work. Manufacturer's technical representative's services include participation in preinstallation conferences, examination of substrates and conditions,verification of materials, observation of Installer activities, inspection of completed portions of the Work, and submittal of written reports. PART 2 PRODUCTS-NOT USED - PART 3 EXECUTION 3.01 CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce Work of specified quality. B. Comply with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Architect before proceeding. D. Comply with specified standards as minimum quality for the Work except where more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Have Work performed by persons qualified to produce required and specified quality. F. Verify that field measurements are as indicated on shop drawings or as instructed by the manufacturer. G. Secure products in place with positive anchorage devices designed and sized to withstand stresses,vibration, physical distortion, and disfigurement. 3.02 MANUFACTURERS' FIELD SERVICES A. When specked in individual specification sections, require material or product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, quality of workmanship, as applicable, and to initiate instructions when necessary. B. Report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers'written instructions. C. Manufacturer's Technical Representative's Field Reports: Prepare written information documenting manufacturer's technical representative's tests and inspections specified in other Sections. Include the following: 1. Name, address, and telephone number of technical representative making report. 2. Statement on condition of substrates and their acceptability for installation of product. 3. Statement that products at Project site comply with requirements. 4. Summary of installation procedures being followed, whether they comply with requirements and, if not, what corrective action was taken. 5. Results of operational and other tests and a statement of whether observed performance complies with requirements. 6. Statement whether conditions, products, and installation will affect warranty. 7. Other required items indicated in individual Specification Sections. 3.03 DEFECT ASSESSMENT A. When tests or inspection indicate non-compliance with the Contract Documents, subsequent retesting occasioned by such noncompliance shall be performed by the same personnel as performed the initial tests or inspections, and the additional cost shall be paid by the contractor as stipulated under the Conditions of the Contract. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 01 40 00 -2 Pnnted 3/27/2013 SECTION 01 40 00 QUALITY REQUIREMENTS B. Contractor shall remove and replace any work found defective or not in compliance with the Contract Documents at no additional cost to Owner, and furnish notice for retesting as specified herein above. C. Replace Work or portions of the Work not conforming to specified requirements. D. If, in the opinion of Architect, it is not practical to remove and replace the Work,Architect will direct an appropriate remedy or adjust payment. 3.04 REPAIR AND PROTECTION A. Repair and protection are Contractor's responsibility, regardless of the assignment of responsibility for quality-control services. END OF SECTION • Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 01 40 00-3 Printed 3272013 SECTION 01 42 16 DEFINITIONS SECTION 01 42 16 DEFINITIONS PART 1 GENERAL 1.01 SUMMARY A. This section supplements the definitions contained in the General Conditions. B. Other definitions are included in individual specification sections. 1.02 SPECIFICATION EXPLANATION A. The specifications are divided into Divisions and Sections for the convenience of writing and using. The titles of these are not intended to imply a particular meaning nor to fully describe the work of each division or section, and are not an integral part of the text which specifies the • requirements. The Architect is not bound to define the limits of any subcontract, and will not enter into disputes between the Contractor and its employees, including subcontractors. B. These specifications are of the abbreviated, or"streamlined"type, and include incomplete sentences.Words and meanings shall be interpreted as appropriate.Words that are implied, but not stated, shall be interpolated as the sense requires. Singular words will be interpreted as plural and plural words interpreted as singular where applicable as the context of the Contract Documents indicates. C. Omissions of words or phrases shall be supplied by inference in the same manner as they are when a"note"occurs on the drawings. D. Specification requirements are to be performed by Contractor unless specifically stated otherwise. 1.03 DEFINITIONS A. The definitions in this Section are not necessarily complete or exclusive but, generally, apply to all portions of the Work. Some contractual definitions appear in the General Conditions. Definitions of words of a special nature which relate to Work covered in one or two Sections of the Specifications are included in such Sections. Terms used throughout the Contract Documents are defined in this Section. B. Approve: Where used in conjunction with the Architect's or Engineer's response to submittals, requests, applications, inquiries, reports, and claims by the Contractor, the meaning of the term "approved"will be held to the limitations of the Architect's responsibilities and duties as specified in the General and Supplementary Conditions. In no case will "approval" by the Architect be interpreted as an assurance to the Contractor that the requirements of the Contract Documents have been fulfilled. The term "or approved" used in conjunction with specified materials means"properly submitted and approved substitution request.° C. Coordinate: The term "coordinate"means satisfactorily combine the work of all trades for a complete and operating installation. D. Directed, Requested, etc.: Unless otherwise explained, terms such as "directed", "requested", "authorized", "selected", "approved", "required", "accepted", and "permitted" mean "directed by the Architect", "requested by the Architect", etc. However, no such implied meaning will be interpreted to extend the Architect's responsibility into the Contractor's area of construction supervision. E. Furnish: Except as otherwise defined in greater detail, the term "furnish"is used to mean supply and deliver to the project site, ready for unloading, unpacking, assembly, installation and similar operations. F. General Requirements:The provisions or requirements of Divisions 01 Sections apply to entire work of Contract and, where so indicated, to the other elements of work which are included in the Project. G. Guarantee and Warranty: "Warranty"is generally used in conjunction with products manufactured or fabricated away from the project site, and "guarantee" is generally used in Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 01 42 16- 1 Pnnted 3/26/2013 SECTION 01 42 16 DEFINITIONS conjunction with units of work which require both products and substantial amounts of labor at the project site.The resulting difference is that warranties are frequently issued by manufacturers and frequently supported (partially) by product guarantees from contractors and/or installers. H. Indicated: A cross reference to details, notes or schedules on the Drawings, to other paragraphs or schedules in the Specifications, and to similar means of recording requirements in the Contract Documents. Where terms such as"shown", "noted", "scheduled", and "specified" are used in lieu of"indicated", it is for purpose of helping reader locate cross-reference, and no limitation of location is intended except as specifically noted. I. Install: Operations at Project site including unloading, temporarily storing, unpacking, assembling, erecting, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations. J. Installer: The person or entity engaged by the Contractor or his Subcontractor or Sub- subcontractor for the performance of a particular unit of work at the project site, including installation, erection, application and similar required operations. It is a general requirement that Installers be recognized experts in the work they are engaged to perform. K. Product: The term "product"as used in the Project Manual includes materials, systems, and equipment provided by the Contractor for use in the Work. L. Project Manual:The term "Project Manual" is the volume which includes the Bidding Requirements, Conditions of the Contract, and the Specifications, Divisions 01 through 33 inclusive, as applicable, and as listed in the Table of Contents bound therein. M. Provide: Except to the extent further defined, the term "provide" means to furnish and install, complete and ready for the intended use. N. Selected: The term "selected"means"selected by the Architect and Owner";the Architect shall be the sole judge of the acceptability of a product or an installation. O. Site: Space available to the Contractor for performing the Work under this Contract, either exclusively or in conjunction with other contractors as part of the overall Project. The Site may be unimproved vacant land, an existing building or space within an existing building.The extent of the Site is shown on the Drawings. P. Specification Language: Imperative language is used, generally, throughout the Specifications. Requirements expressed imperatively are to be performed by the Contractor. For clarity at certain locations, contrasting subjective language is used to describe responsibilities which must be performed by the Contractor or, when so noted, will be performed by others. Q. Trades: Using terms such as carpentry is not intended to imply that certain construction activities must be performed by accredited or unionized individuals of a corresponding generic name, such as carpenter. It also does not imply that requirements specified apply exclusively to tradespersons of the corresponding generic name. PART 2 PRODUCTS-NOT USED PART 3 EXECUTION - NOT USED END OF SECTION Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 01 42 16-2 Printed 3/26/2013 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SECTION INCLUDES A. Temporary utility installation. B. Support facilities installation. C. Security and protection installation. D. Mold and moisture control. E. Removal of temporary utilities,facilities and controls. 1.02 RELATED REQUIREMENTS A. Section 01 70 00- Execution: For Progress cleaning. B. Section 01 74 19-Construction Waste Management and Disposal. 1.03 SUBMITTALS • A. Moisture-Protection Plan: Describe procedures and controls for protecting materials and construction from water absorption and damage, including delivery, handling, and storage provisions for materials subject to water absorption or water damage, discarding water- damaged materials, protocols for mitigating water intrusion into completed Work, and replacing water damaged Work. 1. Indicate sequencing of work that requires water and describe plans for dealing with water from these operations. Show procedures for verifying that,wet construction has dried sufficiently to permit installation of finish materials. 1.04 QUALITY ASSURANCE A. Electric Service: Comply with NECA, NEMA, and UL standards and regulations for temporary electric service. Install service to comply with NFPA 70. B. Tests and Inspections:Arrange for authorities having jurisdiction to test and inspect each temporary utility before use. Obtain required certifications and permits. C. Accessible Temporary Egress::Comply with applicable provisions in the U.S. Architectural & Transportation Barriers Compliance Board's ADA-ABA Accessibility Guidelines and ICC/ANSI A117.1. PART 2 PRODUCTS 2.01 TEMPORARY FACILITIES A. Utility Usage Charges: Pay for usage charges for all utilities. • B. Field Offices, General: Prefabricated or mobile units with serviceable finishes, temperature controls, and foundations adequate for normal loading. C. Common-Use Field Office: Of sufficient size to accommodate needs of Owner,Architect, and construction personnel office activities and to accommodate project meetings specified in Section 01 30 00-Administrative Requirements. Keep office clean and orderly. Furnish and equip offices as follows: 1. Furniture required for Project-site documents including file cabinets, plan tables, plan racks, and bookcases. 2. Conference room of sufficient size to accommodate meetings of ten individuals. Furnish room with conference table, chairs, and tack and marker boards. 3. Heating and cooling equipment necessary to maintain a uniform indoor temperature of 68 • to 72 deg F(20 to 22 deg C). 4. Lighting fixtures capable of maintaining average illumination of 20 fc(215 lx)at desk height. • Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 01 50 00- 1 Printed 3/27/2013 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 3 EXECUTION 3.01 TEMPORARY UTILITY INSTALLATION A. Sewers and Drainage: Provide temporary utilities to remove effluent lawfully. 1. Connect temporary sewers to municipal system as directed by authorities having jurisdiction. B. Water Service: Connect to Owner's existing water service facilities. Clean and maintain water service facilities in a condition acceptable to Owner. Exercise measures to conserve water. 1. Extend branch piping with outlets located so water is available by hoses with threaded connections. Provide temporary pipe insulation to prevent freezing. 2. Use trigger-operated nozzles for water hoses, to avoid waste of water C. Sanitary Facilities: Provide temporary toilets, wash facilities, and drinking water for use of ° construction personnel. Comply with requirements of authorities having jurisdiction for type, number, location, operation, and maintenance of fixtures and facilities. 1. Provide adequate number of facilities for use by all persons and trades employed on Work during construction period. 2. Maintain daily in clean and sanitary condition. 3. Toilets: Use of Owner's existing toilet facilities will not be permitted. D. Isolation of Work Areas in Occupied Facilities: Prevent dust, fumes, and odors from entering occupied areas. E. Electric Power Service: Connect to Owner's existing electric power service. Maintain equipment in a condition acceptable to Owner. 1. Provide power outlets for construction operations, with branch wiring and distribution boxes located as needed. Provide flexible power cords as required. 2. Power connection and consumption shall not disrupt Owner's need for continuous service. F. Lighting: Provide temporary lighting with local switching that provides adequate illumination for construction operations, observations, inspections, and traffic conditions. 1. Provide and maintain 2 foot candles lighting to exterior staging and storage areas after dark for security purposes. 2. Provide branch wiring from power source to distribution boxes with lighting conductors, pigtails, and lamps as required. 3. Install and operate temporary lighting that fulfills security and protection requirements without operating entire system. 4. Maintain lighting and provide routine repairs. 5. Permanent building lighting may be utilized during construction. G. Telecommunication Service: Provide temporary telecommunication service in common-use facilities for use by all construction personnel. 1. Telephone Land Lines: Install one telephone line(s)for each field office. a. At each telephone, post a list of important telephone numbers. 1) Police and fire departments. 2) Ambulance service. 3) Contractor's home office. 4) Architect's office. 5) Engineers'offices. 6) Owner's office. 7) Principal subcontractors'field and home offices. 2. Internet Connections: Minimum of one DSL modem or faster. 3. Email:Account/address reserved for project use. 4. Provide superintendent with cellular telephone or portable two-way radio for use when away from field office. Protect No 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 01 50 00 -2 Pnnted 3/27/2013 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS 3.02 SUPPORT FACILITIES INSTALLATION A. Vehicular Access and Parking:Conduct the Work so as to ensure the least possible obstruction to vehicular traffic and inconvenience to the general public and the residents in the vicinity of the Work and to ensure the protection of persons, property and natural resources. No road or street shall be closed to the public except with the permission of the Owner and the proper governmental authority. Make temporary provisions to ensure the use of sidewalks,fire lanes, private and public driveways and proper functioning of gutters, sewer, inlets, drainage ditches and culverts, irrigation ditches and natural water courses, if any on the Work site. 1. Construct and maintain temporary access to public thoroughfares to serve construction area, as necessary. a. Relocate as Work progress requires. Provide detours necessary for unimpeded traffic flow. 2. Coordinate access and haul routes with governing authorities and Owner. 3. Provide and maintain access to fire hydrants, free of obstructions. 4. Provide means of removing mud from vehicle wheels before entering streets. 5. Provide temporary parking areas to accommodate construction personnel. When site space is not adequate, provide additional off-site parking. 6. Provide barricades, warning signs,flag men or other traffic regulators which may become necessary for protection of public, construction personnel and property. 7. Protect existing pavement and driveways from damage from construction equipment. B. Project Signs: Provide Project signs as indicated. Unauthorized signs are not permitted. 1. Temporary Signs: Provide signs as required to inform public and individuals seeking entrance to Project. 2. No other signs are allowed without Owner permission except those required by law. C. Waste Disposal Facilities: Provide waste-collection containers in sizes adequate to handle waste from construction operations. Comply with requirements of authorities having jurisdiction. Comply with Section 01 70 00- Execution for progress cleaning requirements. 1. Comply with requirements of Section 01 74 19-Construction Waste Management and Disposal. 2. At existing building sites, provide construction dumpsters. Do not intermingle trash with school dumpsters. 3.03 SECURITY AND PROTECTION FACILITIES INSTALLATION A. Environmental Protection: Provide protection, operate temporary facilities, and conduct construction as required.to comply with environmental regulations and that minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects. 1. Burning or burying of rubbish and waste materials on Project Site prohibited. Provide dump box for collection of waste materials. 2. Disposal of volatile fluid wastes (such as mineral spirits, oil or paint thinner) in storm or sanitary sewer systems is strictly prohibited. B. Progress Cleaning: Comply with requirements specified in Section 01 70 00- Execution. C. Barriers: Provide barriers to prevent unauthorized entry to construction areas, to allow for Owner's use of site and to protect existing facilities and adjacent properties from damage from construction operations. 1. Provide barricades and covered walkways required by governing authorities for public rights-of-way and for public access to existing building. 2. Provide protection for plants designated to remain. Replace damaged plants. D. Site Enclosure Fence: Before construction operations begin,furnish and install site enclosure fence in a manner that will prevent people and animals from easily entering site except by entrance gates. 1. Extent of Fence: As required to enclose entire portion of site determined sufficient to accommodate construction operations, unless otherwise indicated on Drawings. Coordinate extent with Owner and Architect prior to installing fencing. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 01 50 00 -3 Printed 3/27/2013 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS 2. Construction: Commercial grade chain link fence, unless otherwise indicated. 3. Provide 6 foot high fence. Equip with vehicular and pedestrian gates with locks. a. • Provide support blocks and bracing as required to completely stabilize fencing and gates. b. Maintain fencing for duration of construction. Move fencing as required for orderly progression of work; maintain secure enclosure at all times. c. Remove fencing and supports prior to Substantial Completion, when such removal will not create a safety hazard for the public. E. Security: Provide security and facilities to protect Work, existing facilities, and Owner's operations from unauthorized entry, vandalism, or theft. 1. Coordinate with Owner's security program. F. Barricades,Warning Signs, and Lights: Comply with requirements of authorities having jurisdiction for erecting structurally adequate barricades, including warning signs and lighting. G. Temporary Fire Protection: Install and maintain temporary fire-protection facilities of types needed to protect against reasonably predictable and controllable fire losses. Comply with NFPA 241. 1. Prohibit smoking in construction areas. 2. Supervise welding operations, combustion-type temporary heating units, and similar sources of fire ignition according to requirements of authorities having jurisdiction. 3. Develop and supervise an overall fire-prevention and -protection program for personnel at Project site. Review needs with local fire department and establish procedures to be followed..Instruct personnel in methods and procedures. Post warnings and information. 4. Take.all precautions to prevent possibility of fire resulting from construction operations. Particularly avoid hazardous accumulations of rubbish and unsecured,flammable materials. 5. Provide emergency fire extinguishing equipment of adequate type and quantity, readily available and properly maintained. H. Temporary First Aid Facilities: Provide adequate first aid facilities for construction personnel. 3.04 MOISTURE AND MOLD CONTROL A. Contractor's Moisture-Protection Plan: Avoid trapping moisture in finished work. Document visible signs of mold that may appear during construction. B. Exposed Construction Phase:When materials are subject to wetting and exposure and to airborne mold spores, protect as follows: 1. Protect porous materials from water damage. 2. Protect stored and installed material from flowing or standing water. 3. Keep porous and organic materials from coming into prolonged contact with concrete. 4. Remove standing water from decks. 5. Keep deck openings covered or dammed. 6. Discard or replace water-damaged material. 7. Do not install material that is wet. 8. Discard, replace or clean stored or installed material that begins to grow mold. 3.05 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS A. Remove temporary utilities, equipment,facilities, materials, prior to Substantial Completion inspection. B. Clean and repair damage caused by installation or use of temporary work. C. Restore new permanent facilities used during construction to specified condition. END OF SECTION Protect No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 01 50 00 -4 Pnnted 3/27/2013 SECTION 01 60 00 • PRODUCT REQUIREMENTS SECTION 01 60 00 PRODUCT REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Manufacturer's standard warranties and special warranties. B. General product requirements. C. Transportation, handling, storage and protection. D. Product option requirements. E. Substitution limitations and procedures. 1.02 RELATED REQUIREMENTS A. Document 00 21 13- Instructions to Bidders: Product options and substitution procedures prior to bid date. B. Section 01 40 00-Quality Requirements: Product quality monitoring. 1.03 SUBMITTALS A. Proposed Products List: Submit list of major products and list of finish materials proposed for use, with name of manufacturer, trade name, and model number of each product. 1. Submit within 15 days after date of Agreement. 2. For products specified only by reference standards, list applicable reference standards. 3. Indicate product lead times. B. Substitution Requests: Submit three copies of each request for consideration. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles. • 1. Limit each request to one proposed substitution. 2. Submit a separate form for each item upon which approval is requested. C. Product Data Submittals: Submit manufacturer's standard published data. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information specific to this Project. D. Shop Drawing Submittals: Prepared specifically for this Project. E. Sample Submittals: Illustrate functional and aesthetic characteristics of the product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. 1. For selection from standard finishes, submit samples of the full range of the manufacturer's standard colors, textures, and patterns. 1.04 QUALITY ASSURANCE A. For products or workmanship specified by reference to a document or documents not included in the Project Manual, also referred to as reference standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B. Conform to reference standard of date of issue current on date of Contract Documents, except where a specific date is established by applicable code. C. Copies of Standards: Each entity engaged in construction on Project should be familiar with industry standards applicable to its construction activity. Copies of applicable standards are not bound with the Contract Documents. 1. Where copies of standards are needed to perform a required construction activity, obtain copies directly from publication source. D. Should specified reference standards conflict with Contract Documents, request clarification from the Architect before proceeding. Project No 12051 Tigard-Tualatin School District • April 2013 Twality Middle School -Cafetorium Re-Roof 01 60 00 - 1 Pnnted 4/1/2013 SECTION 01 60 00 • PRODUCT REQUIREMENTS E. Neither the contractual relationships, duties, nor responsibilities of the parties in Contract nor those of the Architect shall be altered by the Contract Documents by mention or inference otherwise in any reference document. 1.05 PRODUCT WARRANTIES A. Warranties specified in other Sections shall be in addition to, and run concurrent with, other warranties required by the Contract Documents. Manufacturer's disclaimers and limitations on product warranties do not relieve Contractor of obligations under requirements of the Contract Documents. 1: Manufacturer's Warranty: Written warranty furnished by individual manufacturer for a particular product and specifically endorsed by manufacturer to Owner. 2. Special Warranty:Written warranty required by the Contract Documents to provide specific rights for Owner. B. Special Warranties: Prepare a written document that contains appropriate terms and identification, ready for execution. 1. Manufacturer's Standard Form: Modified to include Project-specific information and properly executed. 2. Refer to Divisions 02 through 33 Sections for specific content requirements and particular requirements for submitting special warranties. C. Submittal Time: Comply with requirements in Section 01 77 00-Closeout Procedures. PART 2 PRODUCTS 2.01 NEW PRODUCTS A. Provide new products unless specifically required or permitted by the Contract Documents. . 1. Means new material, machinery, components, equipment, fixtures, and systems comprising the Work. Does not include machinery and equipment used for preparation, fabrication, conveying, and erection of the Work. 2. Products may also include existing materials or components when specifically designated for reuse. B. Do not use products having any of the following characteristics: 1. Made using or containing CFC's or HCFC's. 2. Made of wood from newly cut old growth timber. C. Where all other criteria are met, Contractor shall give preference to products that: 1. Are extracted, harvested, and/or manufactured closer to the location of the project. 2. Have longer documented life span under normal use. 3. Result in less construction waste. 4. Are made of vegetable materials that are rapidly renewable. 2.02 PRODUCT SELECTION PROCEDURES A. General Product Requirements: Provide products that comply with the Contract Documents, are undamaged and, unless otherwise indicated, are new at time of installation. 1. Provide products complete with accessories, trim,finish,fasteners, and other items needed for a complete installation and indicated use and effect. 2. Standard Products: If available, and unless custom products or nonstandard options are specified, provide standard products of types that have been produced and used successfully in similar situations on other projects. 3. Owner reserves the right to limit selection to products with warranties not in conflict with requirements of the Contract Documents: 4. Where products are accompanied by the term "as selected,"Architect will make selection. 5. Descriptive, performance, and reference standard requirements in the Specifications establish salient characteristics of products. 2.03 PRODUCT OPTIONS A. Products Specified by Reference Standards or by Description Only: Use any product meeting those standards or description. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 01 60 00 -2 Pnnted 4/1/2013 SECTION 01 60 00 PRODUCT REQUIREMENTS B. Products Specified by Naming One or More Manufacturers: Use a product of one of the manufacturers named and meeting specifications, no options or substitutions allowed. C. Products Specified by Naming Products of More than One Manufacturer: Use one of the products named and meeting specifications, no options or substitutions allowed. D. Products Specified by Naming One or More Manufacturers with a Provision for Substitutions: Submit a request for substitution for any manufacturer not named. E. Basis-of-Design Product: Where Specifications name a product, or refer to a product indicated on Drawings, and include a list of manufacturers, provide the specified or indicated product or a comparable product by one of the other named manufacturers. Submit a request for substitution for other named manufacturers. Use of manufacturers not named not allowed. F. Visual Matching Specification: Where Specifications require"match Architect's sample", provide a product that complies with requirements and matches Architect's sample. Architect's decision will be final on whether a proposed product matches. 1. If no product available within specified category matches and complies with other specified requirements, comply with requirements for substitutions G. Visual Selection Specification:Where Specifications include the phrase"as selected by Architect from manufacturer's full range"or similar phrase, select a product that complies with requirements.Architect will select color, gloss, pattern, density, or texture from manufacturer's product line that includes both standard and premium items. PART 3 EXECUTION 3.01 SUBSTITUTION PROCEDURES • A. Instructions to Bidders specify time restrictions for submitting requests for substitutions during the bidding period. Comply with requirements specified in this section. Requests receive after that time will not be considered except as specified below under"Substitutions Requested After Award of Contract." B. Document each request with complete data substantiating compliance of proposed substitution with Contract Documents. Burden of proof is on proposer. C. A request for substitution constitutes a representation that the Contractor/Bidder: 1. Has investigated proposed product and determined that it is equal to or superior in all respects to specified product. 2. Will provide identical warranty as required for the specified product. 3. Will coordinate installation and make changes to other Work that may be required for the Work to be complete with no additional cost to Owner. 4. Waives claims for additional costs or time extension that may subsequently become apparent. 5. Will pay for changes to building design, including architectural or engineering design, detailing, construction costs, or re-approval by authorities caused by the requested substitution. D. Substitutions after Award of Contract will not be considered when: 1. Indicated or implied on shop drawings or product data submittals without formal request submitted in accordance with this Section. 2. Submittal for substitution request has not been reviewed and recommended by Contractor. Substitution requests received directly from Subcontractors or Suppliers will be returned through the Contractor without review. 3. Acceptance will require substantial revision of Contract Documents or other items of the Work. 4. Submittal for substitution request does not include point-by-point comparison of proposed substitution with specified product. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 01 60 00 -3 Printed 4/1/2013 SECTION 01 60 00 PRODUCT REQUIREMENTS E. Substitution Request Form: 1. Use Substitution Request Form for substitution requests during the bid phase. 2. Use"Substitution Request(After the Bidding Phase)"form bound at the end of this Section for substitution requests after the Award of Contract. • F. Documentation: Show compliance with requirements for substitutions and the following, as applicable: 1. Statement indicating why specified product or fabrication or installation cannot be provided, if applicable. 2. Coordination information, including a list of changes or modifications needed to other parts of the Work and to construction performed by Owner and separate contractors, that will be necessary to accommodate proposed substitution. 3. Detailed comparison of significant qualities of proposed substitution with those of the Work specified. Include annotated copy of applicable specification section. Significant qualities may include attributes such as performance,weight, size, durability, visual effect, sustainable design characteristics, warranties, and specific features and requirements indicated. Indicate deviations, if any,from the Work specified. 4. Product Data, including drawings and descriptions of products and fabrication and installation procedures. 5. Samples,where applicable or requested. 6. Certificates and qualification data,where applicable or requested. 7. List of similar installations for completed projects with project names and addresses and names and addresses of architects and owners. 8. List of availability of maintenance services and replacement materials. 9. Material test reports from a qualified testing agency indicating and interpreting test results for compliance with requirements indicated. 10. Research reports evidencing compliance with building code in effect for Project,from ICC- ES. 11. Detailed comparison of Contractor's construction schedule using proposed substitution with products specified for the Work, including effect on the overall Contract Time. If • specified product or method of construction cannot be provided within the Contract Time, include letter from manufacturer, on manufacturer's letterhead, stating date of receipt of purchase order, lack of availability, or delays in delivery. 12. Cost information, including a proposal of change, if any, in the Contract Sum. 13. Contractor's certification that proposed substitution complies with requirements in the Contract Documents except as indicated in substitution request, is compatible with related materials, and is appropriate for applications indicated. 14. Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of failure of proposed substitution to produce indicated results. G. Accepted Substitutions prior to Bid Date will be listed in Addenda published in accordance with Advertisement for Bids and the Instructions to Bidders. Bidders will not rely upon approvals made in any other manner. H. Architect's Action for Substitutions After Award of Contract: If necessary, Architect will request additional information or documentation for evaluation within 7 days of receipt of a request for substitution.Architect will notify Contractor of acceptance or rejection of proposed substitution within 15 days of receipt of request, or 7 days of receipt of additional information or documentation,whichever is later. 1. Forms of Acceptance: Change Order, Construction Change Directive, or Architect's Supplemental Instructions for minor changes in the Work. 2. Use product specified if Architect does not issue a decision on use of a proposed substitution within time allocated. 3.02 SUBSTITUTIONS REQUESTED AFTER AWARD OF CONTRACT A. Substitutions will normally not be considered after date listed in Document 00 21 13- Instructions to Bidders, except when required due to unforeseen circumstances.Within a period Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 01 60 00 -4 Punted 4/1/2013 SECTION 01 60 00 PRODUCT REQUIREMENTS of 30 days after date of Contract, the Owner may, at its option, consider formal written requests for substitution of products in place of those specified when submitted in accord with the requirements stipulated herein.To receive consideration, one or more of the following conditions must be documented in any such request: 1. The substitution is required for compliance with final interpretation of Code requirements or insurance regulations. 2. The substitution is required due to unavailability of a specified product, through no fault of the Contractor. 3. The substitution is required because subsequent information disclosed the inability of the specified product to perform properly or to fit in the designated space. 4. Requested substitution offers Owner a substantial advantage in cost, time, energy conservation, or other considerations, after deducting additional responsibilities Owner must assume. Owner's additional responsibilities may include compensation to Architect for redesign and evaluation services, increased cost of other construction by Owner, and similar considerations. 3.03 TRANSPORTATION AND HANDLING A. Coordinate schedule of product delivery to designated prepared areas in order to minimize site storage time and potential damage to stored materials. B. Deliver products to Project site in an undamaged condition in manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installing. C. Transport and handle products in accordance with manufacturer's instructions. D. Transport materials in covered trucks to prevent contamination of product and littering of surrounding areas. E. Promptly inspect shipments to ensure that products comply with requirements, quantities are correct, and products are undamaged. F. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. G. Arrange for the return of packing materials, such as wood pallets, where economically feasible. 3.04 STORAGE AND PROTECTION A. Designate receiving/storage areas for incoming products so that they are delivered according to installation schedule and placed convenient to work area in order to minimize waste due to excessive materials handling and misapplication. B. Store materials in a manner that will not endanger Project structure. C. Store and protect products in accordance with manufacturers'instructions. • D. Store with seals and labels intact and legible. E. Store sensitive products in weather tight, climate controlled, enclosures in an environment favorable to product. F. Store foam plastic from exposure to sunlight, except to extent necessary for period of installation and concealment. G. For exterior storage of fabricated products, place on sloped supports above ground. H. Provide bonded off-site storage and protection when site does not permit on-site storage or protection. I. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to prevent condensation and degradation of products. J. Store loose granular materials on solid flat surfaces in a well-drained area. Prevent mixing with foreign matter. K. Prevent contact with material that may cause corrosion, discoloration, or staining. Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 01 60 00 -5 Pnnted 4/1/2013 SECTION 01 60 00 PRODUCT REQUIREMENTS L. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage. M. Arrange storage of products to permit access for inspection. Periodically inspect to verify products are undamaged and are maintained in acceptable condition. END OF SECTION Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 01 60 00 -6 Pnnted 4/1/2013 SUBSTITUTION REQUEST (After the Bidding Phase) Project: Substitution Request Number: From: To: Date: Architect Project Number: Re: Contract For: Specification Title: Description: Section: Page: Article/Paragraph: Proposed Substitution: Manufacturer: Address: Phone: Trade Name: Model No: Installer: Address: Phone: History: ❑ New Product El 2-5 years old ❑ 5-10 years old ❑ More than 10 years old Differences between proposed substitution and specified product: Point by Point comparative data attached- REQUIRED Reason for not providing specified item: Similar Installation: Project: Architect: Address: Owner: Date Installed: Proposed substitution affects other parts of Work: ❑ No ❑ Yes, explain Savings to Owner for accepting substitution: ($ ). Proposed substitution changes Contract Time: ❑ No ❑ Yes [Add] [Deduct] days Supporting Data Attached: ❑ Drawings ❑ Product Data ❑ Samples El Tests ❑ Reports ❑ Page 1 SUBSTITUTION REQUEST (After the Bidding Phase) The Undersigned certifies: • Proposed substitution has been fully investigated and determined to be equal or superior in all • respects to specified product. • Same warranty will be furnished for proposed substitution as for specified product. • Same maintenance service and source of replacement parts, as applicable, is available. • Proposed substitution will have no adverse effect on other trades and will not affect or delay progress schedule. • Cost data as stated above is complete. Claims for additional costs related to accepted substitution which may subsequently become apparent are to be waived. • Proposed substitution does not affect dimensions and functional clearances. • Payment will be made for changes to building design, including NE design, detailing, and construction costs caused by the substitution. • Coordination, installation and changes in the Work as necessary for accepted substitution will be complete in all respects. Submitted by: Signed by: Firm: Address: Telephone: Attachments: REVIEW AND ACTION ❑ Substitution approved-Make submittals in accordance with Specification Section 01 30 00. ❑ Substitution approved as noted-Make submittals in accordance with Specification Section 01 30 00. ❑ Substitution rejected - Use specified materials. ❑ Substitution Request received too late-Use specified materials. Signed by: Date: Additional Comments: ❑ Contractor ❑ Subcontractor ❑ Supplier ❑ Manufacturer ❑ NE ❑ Page 2 • SECTION 01 70 00 EXECUTION SECTION 01 70 00 EXECUTION PART 1 GENERAL 1.01 SECTION INCLUDES A. Examination, preparation,-and general installation procedures. B. Protection of installed construction. C. Correction of the Work. D. Progress cleaning. 1.02 REFERENCE STANDARDS A. NFPA 241 -Standard for Safeguarding Construction, Alteration, and Demolition Operations. 1.03 QUALITY ASSURANCE A. Manufacturer's Installation Instructions: Obtain and maintain on-site manufacturer's written recommendations and instructions for installation of products and equipment. PART 2 PRODUCTS-NOT USED PART 3 EXECUTION • 3.01 EXAMINATION A. Examination and Acceptance of.Conditions: Before proceeding with each component of the Work, examine substrates, areas, and conditions, with Installer or Applicator present where applicable, for compliance with requirements for installation tolerances and other conditions affecting performance. Record observations. 1. Written Report:Where a written report listing conditions detrimental to performance of the Work is required by other Sections, include the following: a. Description of the Work. b. List of detrimental conditions, including substrates. c. List of unacceptable installation tolerances. d. Recommended corrections. 2. Verify compatibility with and suitability of substrates. 3. Examine roofs for suitable conditions where products and systems are to be installed. a. Verify that existing substrate is capable of structural support or attachment of new work being applied or attached. 4. Proceed with installation only after unsatisfactory conditions have been corrected. Proceeding with the Work indicates acceptance of surfaces and conditions. 3.02 PREPARATION A. Clean substrate surfaces prior to applying next material or substance. B. Seal cracks or openings in substrate prior to applying next material or substance. C. Apply manufacturer required or recommended substrate primer, sealer, or conditioner prior to applying any new material or substance in contact or bond. D. Take field measurements as required to fit the Work properly. Recheck measurements before • installing each product. Where portions of the Work are indicated to fit to other construction, verify dimensions of other construction by field measurements before fabrication.. E. Verify space requirements and dimensions of items shown diagrammatically on Drawings. F. Review Contract Documents and field conditions. Immediately on discovery of the need for clarification of the Contract Documents caused by differing field conditions outside the control of the Contractor, submit a request for information to Architect according to requirements in Section 01 30 00-Administrative Requirements. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 01 70 00 - 1 Punted 4/1/2013 SECTION 01 70 00 EXECUTION 3.03 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. Install equipment and fittings plumb and level, neatly aligned with adjacent vertical and horizontal lines, unless otherwise indicated. 3. Make consistent texture on surfaces with seamless transitions, unless otherwise indicated. 4. Make neat transitions between different surfaces, maintaining texture and appearance. 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. Templates: Obtain and distribute to the parties involved templates for work specified to be factory prepared and field installed. Check Shop Drawings of other work to confirm that adequate provisions are made for locating and installing products to comply with indicated requirements. G. Attachment: Provide blocking, attachment plates, anchors and fasteners of adequate size and number to securely anchor each•component in place, accurately located and aligned with other portions of the Work.Where size and type of attachments are not indicated, verify size and type required for load conditions. 1. Allow for building movement, including thermal expansion and contraction. 2. Coordinate installation of anchorages. Furnish setting drawings, templates, and directions for installing anchorages, including sleeves, concrete inserts, anchor bolts, and items with integral anchors,that are to be embedded in concrete or masonry. Deliver such items to Project site in time for installation. H. 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. I. Hazardous Materials: Use products, cleaners, and installation materials that are not considered hazardous. 3.04 OWNER-INSTALLED PRODUCTS A. Site Access: Provide access to Project site for Owner's construction personnel. B. Coordination: Coordinate construction and operations of the Work with work performed by Owner's construction personnel. 1. Construction Schedule: Inform Owner of Contractor's preferred construction schedule for Owner's portion of the Work. Adjust construction schedule based on a mutually agreeable timetable. Notify Owner if changes to schedule are required due to differences in actual construction progress. 2. Preinstallation Conferences: Include Owner's construction personnel at preinstallation conferences covering portions of the Work that are to receive Owner's work. Attend preinstallation conferences conducted by Owner's construction personnel if portions of the Work depend on Owner's construction. 3. Refer to Section 01 10 00-Summary for additional requirements. 3.05 PROTECTION OF INSTALLED CONSTRUCTION A. Protect installed Work and provide special protection where specified in individual specification Sections. B. Provide temporary and removable protection for installed products. Control activity in immediate work area to minimize damage. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 01 70 00-2 Printed 4/1/2013 SECTION 01 70 00 EXECUTION C. Protect finished roof surfaces from traffic,dirt, wear, damage, or movement of heavy objects, by protecting with durable sheet materials or as required by roofing manufacturer. D. Prohibit traffic or storage upon waterproofed or roofed surfaces. If traffic or activity is necessary, obtain recommendations for protection from waterproofing or roofing material manufacturer. E. Prohibit traffic from landscaped areas. • F. Provide final protection and maintain conditions that ensure installed Work is without damage or deterioration at time of Substantial Completion. G. Comply with manufacturer's written instructions for temperature and relative humidity. 3.06 CORRECTION OF THE WORK • A. Repair or remove and replace defective construction. Restore damaged substrates and finishes. B. Restore permanent 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. • 3.07 PROGRESS CLEANING • A. General: Clean Project site and work areas daily, including common areas. Enforce requirements strictly. Dispose of materials lawfully. 1. Comply with requirements in NFPA 241 for removal of combustible waste materials and debris. 2. Do not hold waste materials more than seven days during normal weather or three days if the temperature is expected to rise above 80 deg F(27 deg C). 3. Containerize hazardous and unsanitary waste materials separately from other waste. Mark containers appropriately and dispose of legally, according to regulations. a. Utilize containers intended for holding waste materials of type to be stored. B. Site: Maintain Project site free of waste materials and debris. 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 in Finished Areas: Clean exposed surfaces and protect as necessary to ensure freedom from damage and deterioration at time of Substantial Completion. • G. Waste Disposal: Do not bury or burn waste materials on-site. Do not wash waste materials down sewers or into waterways. Comply with waste disposal requirements in Section 01 74 19- Construction Waste Management and Disposal. H. 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. I. 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. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 01 70 00 -3 Pnnted 4/1/2013 SECTION 01 70 00 EXECUTION J. 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. END OF SECTION • • • • • • • • • Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 01 .70 00-4 Pnnted 411/2013 . SECTION 01 74 19 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL SECTION 01 7419 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL PART 1 GENERAL 1.01 WASTE MANAGEMENT REQUIREMENTS A. Owner requires that this project generate the least amount of trash and waste possible. B. Employ processes that ensure the generation of as little waste as possible due to error, poor planning, breakage, mishandling, contamination, or other factors. C. Minimize trash/waste disposal in landfills; reuse, salvage, or recycle as much waste as economically feasible. D. Required Recycling, Salvage, and Reuse: The following may not be disposed of in landfills or by incineration: 1. Aluminum and plastic beverage containers. 2. Corrugated cardboard. 3. Wood pallets. 4. Clean dimensional wood: May be used as blocking or furring. 5. Metals, including packaging banding, sheet metal, and other items made of steel, iron, galvanized steel, stainless steel, aluminum, copper, zinc, lead, brass, and bronze. E. Contractor shall develop and follow a Waste Management Plan designed to implement these requirements. F. Methods of trash/waste disposal that are not acceptable are: • 1. Burning on the project site. 2. Burying on the project site. 3. Dumping or burying on other property, public or private. 4. Other illegal dumping or burying. G. Regulatory Requirements: Contractor is responsible for knowing and complying with regulatory requirements, including but not limited to Federal, state and local requirements, pertaining to legal disposal of all construction and demolition waste materials. 1.02 DEFINITIONS A. Clean: Untreated and unpainted; not contaminated with oils, solvents, caulk, or the like. B. Construction and Demolition Waste: Solid wastes typically including building materials, packaging, trash,debris, and rubble resulting from construction, remodeling, repair and demolition operations. C. Hazardous: Exhibiting the characteristics of hazardous substances, i.e., ignitibility, corrosivity, toxicity or reactivity. D. Nonhazardous: Exhibiting none of the characteristics of hazardous substances, i.e., ignitibility, corrosivity, toxicity, or reactivity. E. Nontoxic: Neither immediately poisonous to humans nor poisonous after a long period of exposure. F. Recyclable: The ability of a product or material to be recovered at the end of its life cycle and remanufactured into a new product for reuse by others. G. Recycle: To remove a waste material from the project site to another site for remanufacture into a new product for reuse by others. H. Recycling: The process of sorting, cleansing, treating and reconstituting solid waste and other discarded materials for the purpose of using the altered form. Recycling does not include burning, incinerating, or thermally destroying waste. I. Return: To give back reusable items or unused products to vendors for credit. J. Reuse: To reuse a construction waste material in some manner on the project site. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 01 74 19- 1 Pnnted 4/1/2013 SECTION 01 74 19 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL K. Salvage: To remove a waste material from the project site to another site for resale or reuse by others. L. Sediment: Soil and other debris that has been eroded and transported by storm or well production run-off water. M. Source Separation: The act of keeping different types of waste materials separate beginning from the first time they become waste. N. Toxic: Poisonous to humans either immediately or after a long period of exposure. O. Trash:Any product or material unable to be reused, returned, recycled, or salvaged. P. Waste: Extra material or material that has reached the end of its useful life in its intended use. Waste includes salvageable, returnable, recyclable, and reusable material. 1.03 SUBMITTALS A. See Section 01 30 00-Administrative Requirements,for submittal procedures. B. Waste Management Plan: Include the following information: 1. Analysis of the trash and waste projected to be generated during the entire project construction cycle, including types and quantities. 2. Landfill Options: The name, address, and telephone number of the landfill(s)where trash/waste will be disposed of, the applicable landfill tipping fee(s), and the projected cost of disposing of all project trash/waste in the landfill(s). 3. Landfill Alternatives: List all waste materials that will be diverted from landfills by reuse, salvage, or recycling. 4. Meetings: Describe regular meetings to be held to address waste prevention, reduction, recycling, salvage, reuse, and disposal. 5. Materials Handling Procedures: Describe the means by which materials to be diverted from landfills will be protected from contamination and prepared for acceptance by designated facilities; include separation procedures for recyclables, storage, and packaging. 6. Transportation: Identify the destination and means of transportation of materials to be recycled; i.e. whether materials will be site-separated and self-hauled to designated centers, or whether mixed materials will be collected by a waste hauler. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3.01 WASTE MANAGEMENT PLAN IMPLEMENTATION A. Manager: Designate an on-site person or persons responsible for instructing workers and overseeing and documenting results of the Waste Management Plan. B. Communication: Distribute copies of the Waste Management Plan to job site foreman, each subcontractor, Owner, and Architect. C. Instruction: Provide on-site instruction of appropriate separation, handling, and recycling, salvage, reuse, and return methods to be used by all parties at the appropriate stages of the project. D. Meetings: Discuss trash/waste management goals and issues at project meetings, particularly at: 1. Pre-bid meeting. 2. Pre-construction meeting. 3. Regular job-site meetings. E. Facilities: Provide specific facilities for separation and storage of materials for recycling, salvage, reuse, return, and trash disposal, for use by all contractors and installers. 1. Provide containers as required. 2. Provide adequate space for pick-up and delivery and convenience to subcontractors. 3. Keep recycling and trash/waste bin areas neat and clean and clearly marked in order to avoid contamination of materials. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 01 74 19-2 Printed 4/1/2013 SECTION 01 74 19 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL F. Hazardous Wastes:Separate,store, and dispose of hazardous wastes according to applicable regulations. G. Recycling: Separate, store, protect, and handle at the site identified recyclable waste products in order to prevent contamination of materials and to maximize recyclability of identified materials.Arrange for timely pickups from the site or deliveries to recycling facility in order to prevent contamination of recyclable materials. H. Reuse of Materials On-Site: Set.aside, sort, and protect separated products in preparation for reuse. I. Salvage: Set aside, sort, and protect products to be salvaged for reuse off-site. END OF SECTION • • Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 01 74 19-3 Pnnted 4/1/2013 . SECTION 01 77 00 CLOSEOUT PROCEDURES SECTION 01 77 00 CLOSEOUT PROCEDURES PART 1 GENERAL 1.01 SECTION INCLUDES A. Substantial Completion. B. Final Completion. C. Punch List. D. Warranties. E. Final Cleaning. 1.02 RELATED REQUIREMENTS A. Section 01 78 00-Closeout Submittals: Project record documents, operation and maintenance (O&M)data, warranties and bonds. 1.03 SUBSTANTIAL COMPLETION A. Preliminary Procedures: Before requesting review for determining date of Substantial Completion, complete the following. List items below that are incomplete with request. 1. In progress payment request coincident with or first following,date claimed, show either 100 percent completion for portion of work claimed as"substantially complete", or list incomplete items, value of incompletion, and reasons for being incomplete. Include supporting documentation for completion as indicated.in these contract documents. a. Submit statement showing accounting of changes to the Contract Sum. b. 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 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 drafts for Operation and Maintenance Manuals. 6. Prepare and submit drafts for Project Record Documents. 7. Terminate and remove temporary facilities from Project site, along with mockups, construction tools, and similar elements. 8. Submit changeover information related to Owner's occupancy, use, operation, and maintenance. 9. Complete final cleaning requirements, including touchup painting. 10. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual defects. 11. Make submittals that are required by governing or other authorities. a. Provide copies to Architect and Owner. b. Provide copy of Occupancy Permit to Architect and Owner. B. Review: Submit a written request for review for Substantial Completion. On receipt of request, Architect will either proceed with review or notify Contractor of unfulfilled requirements. Architect will prepare the Certificate of Substantial Completion after review 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. Results of completed review will form the basis of requirements for Final Completion. 2. Should the Architect have to perform any additional reviews due to failure of Work to comply with claims of completion made by Contractor, the cost for each additional review will be charged to the Owner at the Architect/Engineer's hourly rate.The Owner shall have Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof • 01 77 00 - 1 Punted 4/1/2013 SECTION 01 77 00 CLOSEOUT PROCEDURES the right to deduct such charges from the contract amount as provided in the Conditions of the Contract. 1.04 FINAL COMPLETION A. Preliminary Procedures: Before requesting final review for determining final completion, complete the following: 1. Submit a final Application for Payment with final waivers according to Section 01 20 00 - Price and Payment Procedures. a. Submit updated final statement, accounting for additional (final)changes to Contract Sum. 2. Submit consent of surety. 3. Prepare and submit final Project Record Documents within 30 days after date of Substantial Completion or before final completion, whichever occurs first. 4. Submit final warranties. 5. Submit final operation and maintenance manuals. 6. Submit certified copy of Architect's Substantial Completion review list of items to be completed or corrected (punch list). The certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance. 7. Submit evidence of final, continuing insurance coverage complying with insurance requirements. 8. Submit permanent Certificate of Occupancy. 9. Submit payment and release of liens to requirements of General Conditions. Before final payment, the Contractor shall furnish the following to the Architect: a. An affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner of property might in any way be responsible, have been paid or otherwise satisfied (use AIA Form G706 or approved). b. An affidavit from each Subcontractor on AIA Form G706 or approved. c. Letter from Bonding Company addressed to Owner but submitted to the Architect, approving release of final payment and waiving submission of final receipts as well as a statement confirming the extension of the Bond for the warranty period as specified. Final receipts from all Subcontractors and material and equipment suppliers may be required to furnish to the Owner by the Contractor if the Surety does not waive this requirement. Letters to be in substantially the following form: (Name of Owner)Re: (Bond No.) (Address)(Name of Contractor) (Name of Project) Gentlemen: The(Name of Bonding Company), surety on the above named Bond, consents to payment of retained percentages and agrees to waive submission of final receipts. It is also agreed that the final payment to the Contractor shall not relieve the Surety Company of any of its obligations and that the Bond is extended to include guarantees and warranties of workmanship and materials. (NAME OF BONDING COMPANY) Attorney-in-Fact d. Submit Contractor's Affidavit of Release of Liens(AIA Form G706A). e. Return all copies of the Drawings and Specifications in accordance with the General Conditions. 10. Submit Affidavit of Wages Paid for Contractor and all sub-contractors. 11. Submit Employment Security Release. 12. Submit Department of Revenue Release(for projects over$35,000 only). 13. Complete requirements of Section 01 78 00-Closeout Submittals. B. Review: Submit a written request for final review for acceptance. On receipt of request, Architect will either proceed with review or notify Contractor of unfulfilled requirements. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 01 77 00 -2 Pnnted 4/1/2013 • SECTION 01 77 00 CLOSEOUT PROCEDURES Architect will either prepare a letter to Owner recommending final acceptance or will notify Contractor of construction that must be completed or corrected before certificate will be issued. 1. Additional Reviews: Request an additional review when the Work identified in previous reviews as incomplete is completed or corrected. 2. Should the Architect have to perform any such additional reviews due to failure of Work to comply with claims of completion made by Contractor, the cost for each additional review will be charged to the Owner at the Architect/Engineer's hourly rate. The Owner shall have the right to deduct such charges from the contract amount as provided in the Conditions of the Contract. 3. Provide additional cleaning services as required for Work which was not complete at the time of initial review. Reclean as required until all Work is fully complete and recommended for final acceptance by Architect. 4. If the Work does not achieve Final Completion within two weeks of the date originally scheduled to do so, plus any time adjustments by Change Order, the Architect's time and efforts beyond that period shall constitute extra services,the cost of which at the Architect's standard hourly rates will be deducted from the Contractor's Final Payment or retainage by the Owner. 5. Punch list items in the Schedule of Values will be released on any given line item only when all punchlist items relating to that line item are satisfactorily completed. 1.05 CONTRACTOR'S LIST OF INCOMPLETE ITEMS (PUNCH LIST) A. Organization 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. 1. Organize list of spaces in logical order by roof area. 2. Include the following information at the top of each page: a. Project name. b. Date. c. Name of Architect. d. Name of Contractor. e. Page number. 3. Submit list of incomplete items in the following format: a. PDF electronic file. 1.06 WARRANTIES A. Submittal Time: 1. Submit summary of warranties included in the bid within seven days after Notice of Intent to Award Contract(Prior to Execution of the Contract). Indicate duration of each warranty and start date. 2. Submit sample warranties as part of the project submittal process. 3. Submit final warranties before requesting review for final acceptance. B. Comply with requirements of Section 01 78 00-Closeout Submittals. PART 2 PRODUCTS 2.01 MATERIALS A. Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property or that might damage finished surfaces. PART 3 EXECUTION 3.01 FINAL CLEANING A. General: Perform final cleaning. Conduct cleaning and waste-removal operations to comply with local laws and ordinances and Federal and local environmental and anti-pollution regulations. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School - Cafetorium Re-Roof 01 77 00 -3 Printed 4/1/2013 SECTION 01 77 00 CLOSEOUT PROCEDURES B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to condition expected in an average commercial building cleaning and maintenance program. Comply with manufacturer's written instructions. 1. Complete the following cleaning operations before requesting review for certification of Substantial Completion for entire Project or for a portion of Project: a. Clean Project site, yard, and grounds, in areas disturbed by construction activities, including landscape development areas, of rubbish, waste material, litter, and other foreign substances. b. Sweep paved areas broom clean. Remove petrochemical spills, stains, and other foreign deposits. c. Remove tools, construction equipment, machinery, and surplus material from Project site. d. Clean exposed exterior and interior hard-surfaced finishes to a dirt-free condition, free of stains,films, and similar foreign substances. Avoid disturbing natural weathering of exterior surfaces. Restore reflective surfaces to their original condition. e. Remove labels that are not permanent. f. Touch up and otherwise repair and restore marred, exposed finishes and surfaces. Replace finishes and surfaces that cannot be satisfactorily repaired or restored or • that already show evidence of repair or restoration. 1) Do not paint over"UL"and other required labels and identification, including mechanical and electrical nameplates. g. Leave Project clean and ready for occupancy. END OF SECTION Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 01 77 00 -4 Pnnted 4/1/2013 • • SECTION 01 78 00 CLOSEOUT SUBMITTALS SECTION 01 78 00 CLOSEOUT SUBMITTALS PART 1 GENERAL 1.01 SECTION INCLUDES A. Project Record Documents. B. Operation and Maintenance Manuals. C. Warranties and bonds. 1.02 RELATED REQUIREMENTS A. Section 01 30 00-Administrative Requirements: Submittals procedures, shop drawings, product data, and samples. B. Section 01 77 00-Closeout Procedures:.Contract closeout procedures. C. Individual Product Sections: Specific requirements for operation and maintenance data. D. Individual Product Sections:Warranties required for specific products or Work. 1.03 SUBMITTALS A. Record Drawings: 1. Draft: Submit one copy of marked-up record prints prior to request for review for Substantial Completion. • 2. Final: Submit one paper copy set and an electronically scanned copy of marked up prints within 30 days of dated established for Substantial Completion or prior to request for review for final completion, whichever occurs first. • 3. Approved permit set of plans. B. Record Specifications: 1. Draft: Submit one copy of marked-up copy of Project Manual prior to request for review for Substantial Completion. 2. Final: Submit one copy of marked-up copy of Project Manual and one electronically scanned copy within 30 days of date established for Substantial Completion or prior to request for review for final completion, whichever occurs first. C. Operation and Maintenance Manuals: 1. Draft: Submit one copy of draft manuals prior to request for review for Substantial Completion.Architect will review draft and return one copy with comments. Revise content of all document sets as required prior to final submission. 2. Final: Submit two sets of revised Manuals and an electronically scanned copy in final form prior to request for review for final completion. D. Warranties and Bonds: 1. Submit a summary of.warranties included in the bid within seven days after Notice of Intent to Award Contract(Prior to Execution of the Contract). Indicate duration of each warranty and start date. 2. Draft: Submit as part of normal submittal process. 3. Final: Submit final forms of warranties prior to request for review for final completion. PART 2 PRODUCTS-NOT USED PART 3 EXECUTION 3.01 PROJECT RECORD DOCUMENTS A. Maintain on site one set of the following record documents; record actual revisions to the Work: 1. Drawings. 2. Specifications. 3. Addenda. . 4. Change Orders and Construction Change Directives. 5. ASI's and responses to RFI's. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 01 78 00- 1 Pnnted 4/1/2013 SECTION 01 78 00 CLOSEOUT SUBMITTALS 6. Reviewed shop drawings, product data, and samples. 7. Manufacturer's instruction for installation. B. The record documents shall include all disciplines of work whether changes occur or not. These documents, as well as the approved permit set of plans, shall be available to the Architect and Owner at the site and reviewed with them on a monthly basis. Satisfactory maintenance of up- to-date record drawings on a monthly basis will be a requirement for approval of progress payments. C. Store record documents in the field office apart from the Contract Documents used for construction. Do not use project record documents for construction purposes. Maintain record documents in good order and in a clean, dry, legible condition, protected from deterioration and loss. Provide access to project record documents for Architect's reference during normal working hours. D. Record Drawings: 1. Content:Types of items requiring marking include, but are not limited to, the following: a. Dimensional changes to Drawings. b. Revisions to details shown on Drawings. c. Revisions to routing of piping and conduits. d. Actual equipment locations. e. Changes made by Addenda. f. Changes made by Change Order or Construction Change Directive. g. Changes made following Architect's written orders, including ASI's and responses to RFI's. h. Details not on the original Contract Drawings. • i. Field records for variable and concealed conditions. j. Record information on the Work that is shown only schematically. 2. Mark the Contract Drawings and Shop Drawings completely and accurately. Utilize personnel proficient at recording graphic information in production of marked-up record prints. 3. Mark record sets with erasable, red-colored pencil. Use other colors to distinguish between changes for different categories of the Work at same location. 4. Mark important additional information that was either shown schematically or omitted from original Drawings. 5. Mark revisions and/or clarifications issued by Addenda, ASI, Construction Change Directive, Change Orders or responses to RFI's to reflect the change. Each such revision shall be graphically depicted to represent physical construction and clearly noted with the applicable Addenda, ASI, Change Order or RFI number. Notation of the Addenda, RFI, ASI, Construction Change Directive or Change Order number alone will not be acceptable. 6. Ensure entries are complete and accurate, enabling future reference by Owner. 7. Scanned Drawings:After review of draft drawings by Architect, incorporate necessary changes and prepare a full set of scanned Contract Drawings and Shop Drawings on CD- ROM. E. Specifications: Legibly mark and record at each product section a description of actual products installed, including the following: 1. Mark copy with the proprietary name and model number of products, materials, and equipment furnished, including substitutions and product options selected. 2. Record the name of manufacturer, supplier, Installer, and other information necessary to provide a record of selections made. 3. For each principal product, indicate whether record Product Data has been submitted in operation and maintenance manuals. 4. Mark revisions and/or clarifications issued by Addenda, ASI, Construction Change Directive, Change Orders or responses to RFI's to reflect the change. Each such revision shall be graphically depicted to represent physical construction and clearly noted with the applicable Addenda, ASI, Change Order or RFI number. Notation of the Addenda, RFI, Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 01 78 00 -2 Pnnted 4/1/2013 SECTION 01 78 00 CLOSEOUT SUBMITTALS ASI, Construction Change Directive or Change Order number alone will not be acceptable. 5. Format: Submit record Specifications as scanned PDF electronic file(s)of marked up paper copy of Specifications. 3.02 OPERATION AND MAINTENANCE DATA A. For Each Product or System: List names,addresses and telephone numbers of Subcontractors and suppliers, including local source of supplies and replacement parts. B. Product Data: Mark each sheet to clearly identify specific products and component parts, and data applicable to installation. Delete inapplicable information. C. Drawings: Supplement product data to illustrate relations of component parts of equipment and systems, to show control and flow diagrams. Do not use Project Record Documents as maintenance drawings. D. Typed Text:As required to supplement product data. Provide logical sequence of instructions for each procedure, incorporating manufacturer's instructions. 3.03 OPERATION AND MAINTENANCE DATA FOR MATERIALS AND FINISHES A. For Each Product,Applied Material, and Finish: 1. Source Information: List each product included in manual, identified by product name and arranged to match manual's table of contents. For each product, list name, address, and telephone number of Installer or supplier and maintenance service agent, and cross- reference Specification Section number and title in Project Manual and drawing or schedule designation or identifier where applicable. • 2. Product data, with catalog number, size, composition, and color and texture designations. 3. Information for re-ordering custom manufactured products. B. Instructions for Care and Maintenance: Manufacturer's recommendations for cleaning agents and methods, precautions against detrimental cleaning agents and methods, and recommended schedule for cleaning and maintenance. C. Repair Materials and Sources: Include lists of materials and local sources of materials and related services.. D. Moisture protection and weather-exposed products: Include product data listing applicable reference standards, chemical composition, and details of installation. Provide recommendations for inspections, maintenance, and repair. E. Additional information as specified in individual product specification sections. F. Provide a listing in Table of Contents for design data, with tabbed fly sheet and space for insertion of data. 3.04 OPERATION AND MAINTENANCE MANUALS A. Prepare instructions and data by personnel experienced in maintenance and operation of described products. B. Prepare data in the form of an instructional manual. C. Binders: Commercial quality, 8-1/2 by 11 inch three D side ring binders with durable plastic covers; 2 inch maximum ring size.When multiple binders are used, correlate data into related consistent groupings. D. Cover: Identify each binder with typed or printed title OPERATION AND MAINTENANCE INSTRUCTIONS; identify title of Project; identify subject matter of contents. E. Provide tabbed dividers for each separate product and system,with typed description of product and major component parts of equipment. F. Text: Manufacturer's printed data, or typewritten data on 24 pound paper. G. Drawings: Provide with reinforced punched binder tab. Bind in with text. If drawings are too large to be used as foldouts,fold and place drawings in labeled envelopes and bind envelopes Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 01 78 00-3 Pnnted 4/1/2013 SECTION 01 78 00 CLOSEOUT SUBMITTALS in rear of manual.At appropriate locations in manual, insert typewritten pages indicating drawing titles, descriptions of contents, and drawing locations. • H. Arrange content by systems under section numbers and sequence of Table of Contents of this Project Manual. I. Contents: Prepare a Table of Contents for each volume, with each product or system description identified, in three parts as follows: 1. Part 1: Directory, listing names, addresses, and telephone numbers of Architect, Contractor, Subcontractors, and major suppliers. 2. Part 2: Maintenance instructions, arranged by system and subdivided by specification section. For each category, identify names, addresses, and telephone numbers of Subcontractors and suppliers. Identify the following: a. Maintenance instructions for finishes, including recommended cleaning methods and materials, and special precautions identifying detrimental agents. 3. Part 3: Project documents and certificates, including the following: a. Shop drawings and product data. b. Certificates. c. Photocopies of warranties and bonds. J. Provide a listing in Table of Contents for design data, with tabbed dividers and space for insertion of data. K. Table of Contents: Provide title of Project; names, addresses, and telephone numbers of Architect, Consultants, and Contractor with name of responsible parties; schedule of products and systems, indexed to content of the volume. L. PDF Electronic File: After review of draft manuals, assemble each manual into a composite electronically-indexed file. Submit on digital media acceptable to Architect. 1. Name each indexed document file in composite electronic index with applicable item name. Include a complete electronically-linked operation and maintenance directory. 2. Enable inserted reviewer comments on draft submittals. 3. File Names and Bookmarks: Enable bookmarking of individual documents based upon file names. Name document files to correspond to system, subsystem, and equipment names used in manual directory and table of contents. Group documents for each system and subsystem into individual composite bookmarked files, then create composite manual, so that resulting bookmarks reflect the system, subsystem, and equipment names in a readily navigated file tree. Configure electronic manual to display bookmark panel upon opening file. 3.05 WARRANTIES AND BONDS A. Related Damages and Losses:When correcting warranted Work that has failed, remove and replace other Work that has been damaged as a result of such failure or that must be removed and replaced to provide access for correction of warranted Work. B. Reinstatement of Warranty: When Work covered by a warranty has failed and been corrected by replacement or rebuilding, reinstate the warranty by written endorsement. The reinstated warranty shall be equal to the original warranty with an equitable adjustment for depreciation. C. Replacement Cost: Upon determination that Work covered by a warranty has failed, replace or rebuild the Work to an acceptable condition complying with requirements of Contract Documents. The Contractor is responsible for the cost of replacing or rebuilding defective Work regardless of whether the Owner has benefited from use of the Work through a portion of its anticipated useful service life. D. Owner's Recourse:Written warranties made to the Owner are in addition to implied warranties, and shall not limit the duties, obligations, rights and remedies otherwise available under the law, nor shall warranty periods be interpreted as limitations on time in which the Owner can enforce such other duties, obligations, rights, or remedies. Project No.12051 Tigard-Tualatin School District • April 2013 Twality Middle School-Cafetorium Re-Roof 01 78 00 -4 Printed 4/1/2013 SECTION 01 78 00 CLOSEOUT SUBMITTALS 1. Rejection of Warranties: The Owner reserves the right to reject warranties and to limit selections to products with warranties not in conflict with requirements of the Contract Documents. 2. The Owner reserves the right to refuse to accept or pay for Work for the Project where a Special Warranty, certification, or similar commitment is required on such Work or part of the Work, until evidence is presented that entities required to countersign such commitments are willing to do so. E. Obtain warranties and bonds, executed in duplicate by responsible Subcontractors, suppliers, and manufacturers,within 10 days after completion of the applicable item of work. Except for items put into use with Owner's permission, leave date of beginning of time of warranty until the Date of Substantial Completion is determined. F. Verify that documents are in proper form and contain full information. G. Co-execute submittals when required. H. Retain warranties and bonds until time specified for submittal. I. Manual: Bind in commercial quality 8-1/2 by 11 inch three D side ring binders with durable • plastic covers. J. Cover: Identify each binder with typed or printed title WARRANTIES AND BONDS, with title of Project; name, address and telephone number of Contractor; and name of responsible company principal. K. Table of Contents: Neatly typed, in the sequence of the Table of Contents of the Project Manual, with each item identified with the number and title of the specification section in which specified, and the name of product or work item. 1. Product or work item. 2. Installer of product or item, with name of principal, address, and telephone number. 3. Describe the work provided by this installer/Subcontractor, under this Contract. 4. Date of beginning of warranty or service and maintenance contract. (See General Condition's Warranty paragraph.) . 5. Duration of warranty or service maintenance contract. 6. Information for Owner's personnel, including: a. Proper procedure in case of failure. b. Contact phone numbers of manufacturer. 7. Instances that might affect validity of warranty or bond. 8. Contractor, name of responsible principal, address, and telephone number. L. Schedule of Warranties: Provide a summary schedule of start and end date of each warranty. M. Separate each warranty or bond with index tab sheets keyed to the Table of Contents listing. Provide full information, using separate typed sheets as necessary. List Subcontractor, supplier, and manufacturer,with name, address, and telephone number of responsible • principal. END OF SECTION Project No.12051 Tigard-Tualatin School District • April 2013 Twality Middle School -Cafetorium Re-Roof 01 78 00 -5 Printed 4/1/2013 SECTION 02 41 19 SELECTIVE STRUCTURE DEMOLITION SECTION 02 41 19 SELECTIVE STRUCTURE DEMOLITION PART 1 GENERAL 1.01 SECTION INCLUDES A. Selective demolition of building elements for alterations purposes. 1.02 RELATED REQUIREMENTS A. Section 01 10 00-Summary: Limitations on Contractor's use of site and premises. B. Section 01 50 00-Temporary Facilities and Controls: Site fences, security, protective barriers, and waste removal. C. Section 01 74 19-Construction Waste Management and Disposal: Limitations on disposal of removed materials; requirements for recycling. 1.03 REFERENCE STANDARDS A. NFPA 241 -Standard for Safeguarding Construction, Alteration, and Demolition Operations. 1.04 SUBMITTALS A. See Section 01 30 00-Administrative Requirements, for submittal procedures. B. Site Plan: Showing: 1. Areas for temporary construction and field offices. PART 2 PRODUCTS--NOT USED PART 3 EXECUTION 3.01 SCOPE A. Remove portions of existing buildings as indicated on Drawings, including, but not limited to, the following: 1. Remove portions of dock roof as indicated. 2. Remove steel rungs from chimney,flush with masonry. Remove all sharp edges. 3. Remove chimney to extent indicated. Patch and repair wall and soffit where chimney was removed. 4. Remove abandoned cable on roof as indicated. 5. Remove and reinstall existing vents. 3.02 GENERAL PROCEDURES AND PROJECT CONDITIONS A. Comply with applicable codes and regulations for demolition operations and safety of adjacent structures and the public. 1. Obtain required permits. 2. Comply with applicable requirements of NFPA 241. 3. Take precautions to prevent catastrophic or uncontrolled,collapse of structures to be removed; do not allow worker or public access within-range of potential collapse of unstable structures. 4. Provide, erect, and maintain temporary barriers and security devices. 5. Use physical barriers to prevent access to areas that could be hazardous to workers or the public. • 6. Conduct operations to minimize effects on and interference with adjacent structures and occupants. 7. Do not close or obstruct roadways or sidewalks without permit. 8. Conduct operations to minimize obstruction of public and private entrances and exits; do not obstruct required exits at any time; protect persons using entrances and exits from removal operations. B. Do not begin removal until receipt of notification to proceed from Owner. C. Protect existing structures and other elements that are not to be removed. . 1. Provide bracing and shoring. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School=Cafetorium Re-Roof 02 41 19- 1 Pnnted 4/1/2013 SECTION 02 41 19 SELECTIVE STRUCTURE DEMOLITION 2. Prevent movement or settlement of adjacent structures. 3. Stop work immediately if adjacent structures appear to be in danger. D. Minimize production of dust due to demolition operations; do not use water if that will result in ice, flooding, sedimentation of public waterways or storm sewers, or other pollution. E. If hazardous materials are discovered during removal operations, stop work and notify Architect and Owner; hazardous materials include regulated asbestos containing materials, lead, PCB's, and mercury. F. Perform demolition in a manner that maximizes salvage and recycling of materials. 1. Comply with requirements of Section 01 74 19-Construction Waste Management and Disposal. 2. Dismantle existing construction and separate materials. 3. Set aside reusable, recyclable, and salvageable materials; store and deliver to collection point or point of reuse. 3.03 SELECTIVE DEMOLITION FOR ALTERATIONS A. Drawings showing existing construction and utilities are based on casual field observation and existing record documents only. 1. Verify that construction and utility arrangements are as shown. 2. Report discrepancies to Architect before disturbing existing installation. 3. Beginning of demolition work constitutes acceptance of existing conditions. B. Maintain weatherproof exterior building enclosure except for interruptions required for replacement or modifications; take care to prevent water and humidity damage. C. Remove existing work as indicated and as required to accomplish new work. 1. Refer to Section 01 22 00- Unit Prices and Section 06 10 00-Rough Carpentry for removal of damaged roof sheathing. 2. Remove items indicated on drawings. D. Services (Including but not limited to HVAC): Remove existing systems and equipment as indicated. 1. Maintain existing active systems that are to remain in operation; maintain access to equipment and operational components. 2. Remove existing vents where indicated. Coordinate with Work of Section 06 10 00- Rough Carpentry for installation of new curbs. Reinstall vents after construction of new curbs is complete.Coordinate timing of removal and reinstallation of vents to limit down time for vents. E. Protect existing work to remain. 1. Prevent movement of structure; provide shoring and bracing if necessary. 2. Perform cutting to accomplish removals neatly and as specified for cutting new work. 3. Repair adjacent construction and finishes damaged during removal work. 4. Patch as specified for patching new work. 3.04 DEBRIS AND WASTE REMOVAL A. Remove debris,junk, and trash from site. B. Remove from site all materials not to be reused on site; comply with requirements of Section 01 74 19-Construction Waste Management and Disposal. C. Leave site in clean condition, ready for subsequent work. D. Clean up spillage and wind-blown debris from public and private lands. END OF SECTION Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 02 41 19-2 Printed 4/1/2013 SECTION 06 10 00 ROUGH CARPENTRY SECTION 0610 00 ROUGH CARPENTRY PART-1 GENERAL 1.01 SECTION INCLUDES A. Sheathing. B. New fascias at roof edge. C. Roof-mounted curbs. D. Preservative treated wood materials. 1.02 RELATED REQUIREMENTS A. Section•01 22 00- Unit Prices: Unit prices for roof sheathing. 1.03 REFERENCE STANDARDS - A. ASTM A153/A153M-Standard Specification for Zinc Coating(Hot-Dip)on Iron and Steel Hardware. • B. AWPA U1 -Use Category System: User Specification for Treated Wood;American Wood Protection Association. C. PS 20-American Softwood Lumber Standard; National Institute of Standards and Technology (Department of Commerce). D. WCLIB(GR)-Standard Grading Rules for West Coast Lumber No. 17;West Coast Lumber Inspection Bureau. E. WWPA G-5-Western Lumber Grading Rules;Western Wood Products Association. 1.04 SUBMITTALS A. See Section 01 30 00-Administrative Requirements,for submittal procedures. B. Product Data: Provide technical data on wood preservative materials and application instructions. 1.05 DELIVERY, STORAGE,AND HANDLING A. General: Cover wood products to protect against moisture. Support stacked products to prevent deformation and to allow air circulation. PART 2 PRODUCTS 2.01 GENERAL REQUIREMENTS A. Dimension Lumber:Comply with PS 20 and requirements of specified grading agencies. 1. Species: Douglas Fir-Larch or Douglas Fir, unless otherwise indicated. • B. Lumber fabricated from old growth timber is not permitted. 2.02. DIMENSION LUMBER A. Grading Agency:West Coast Lumber Inspection Bureau (WCLIB). B. Grading Agency:Western Wood Products Association (WWPA). C. Sizes: Nominal sizes as indicated on drawings, S4S. D. Moisture Content: S-dry or MC19. E. Miscellaneous Framing, Blocking, Nailers, Grounds,and Furring: 1. Lumber: S4S, No. 2 or Standard Grade. 2. Boards: Standard or No. 3. 2.03 EXPOSED BOARDS A. Submit manufacturer's certificate that products meet or exceed specified requirements, in lieu of grade stamping. B. Moisture Content: Kiln-dry(15 percent maximum). Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 0610 00- 1 Printed 4/1/2013 SECTION 06 10 00 ROUGH CARPENTRY • C. Surfacing: S4S. D. Species: Douglas Fir. E. Grade: No. 2, 2 Common, or Construction. 2.04 CONSTRUCTION PANELS A. Roof Sheathing:APA PRP-108, C-D Structural I Rated Sheathing, Exposure 1, and as follows: 1. Span Rating: 48/24. 2. Thickness: 3/4 inch, nominal. 3. All panels to be plywood of minimum 5 ply construction. Each panel shall bear the quality trademark of the"American Plywood Association." 2.05 ACCESSORIES A. Fasteners and Anchors: 1. Metal and Finish: Hot-dipped galvanized steel per ASTM A 153/A 153M for high humidity and preservative-treated wood locations, unfinished steel elsewhere. 2.06 FACTORY WOOD TREATMENT A. Treated Lumber and Plywood: Comply with requirements of AWPA U1 -Use Category System for wood treatments determined by use categories, expected service conditions, and specific applications. 1. Preservative-Treated Wood: Provide lumber and plywood marked or stamped by an ALSC-accredited testing agency, certifying level and type of treatment in accordance with AWPA standards. B. Preservative Treatment: 1. Preservative Pressure Treatment of Lumber Above Grade: AWPA U1, Use Category UC3B, Commodity Specification A using waterborne preservative to 0.25 lb/cu ft retention. a. Kiln dry lumber after treatment to maximum moisture content of 19 percent. b. Treat lumber exposed to weather. c. Treat lumber in contact with roofing or flashing. d. Treat lumber in contact with masonry or concrete. 2. Preservative Pressure Treatment of Plywood Above Grade: AWPA U1, Use Category UC2 and UC3B, Commodity Specification F using waterborne preservative to 0.25 lb/cu ft retention. • a. Kiln dry plywood after treatment to maximum moisture content of 19 percent. b. Treat plywood in contact with roofing or flashing. c. Treat plywood in contact•with masonry or concrete. PART 3 EXECUTION 3.0.1 PREPARATION A. Coordinate installation of rough carpentry members specified in other sections. B. Coordinate with Work of other Sections for removal of existing roof. Do not remove more sheathing than can be replaced the same day. 1. Inspect existing roof sheathing and remove and replace any damaged decking as directed by the Owner or its representative. In particular, remove any wood exhibiting dry rot, mold or mildew. Chase damage to extinction. 2. Provide solid blocking for support of new plywood sections where needed. 3. Record number and lengths of replaced components. a. Prior to starting work, notify Architect of defects requiring correction. b. Refer to Section 01 22 00- Unit Prices. 3.02 INSTALLATION -GENERAL A. Select material sizes to minimize waste. B. Reuse scrap to the greatest extent possible; clearly separate scrap for use on site as accessory components, including: shims, bracing, and blocking. Protect No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 06 10 00-2 Punted 4/1/2013 SECTION 06 10 00 ROUGH CARPENTRY • 3.03 ROOF-RELATED CARPENTRY A. Coordinate installation of roofing carpentry with deck construction;framing of roof openings, • and roofing assembly installation. B. Provide wood curb at all roof openings except where specifically indicated otherwise. Form corners by alternating lapping side members. • 1. Extend existing curbs at vents as detailed. Coordinate with Work of Section 02 41 19- Selective Structure Demolition for removal and reinstallation of existing vents. C. Provide nailers as required for a complete roofing assembly. 3.04_ INSTALLATION OF CONSTRUCTION PANELS A. Roof Sheathing: Secure panels with long dimension perpendicular to framing members, with ends staggered and over firm bearing. 1. Nail panels to framing; staples are not permitted. 3.05 TOLERANCES A. Variation from Plane: 1/4 inch in 10 feet maximum, and 1/4 inch in 30 feet maximum. 3.06 CLEANING A. Waste Disposal: Comply with the requirements of Section 01 74 19. 1. Comply with applicable regulations. 2. Do not burn scrap on project site. 3. Do not burn scraps that have been pressure treated. 4. Do not send materials treated with pentachiorophenol, CCA, or ACA to co-generation facilities or"waste-to-energy"facilities. • B. Do not leave any wood, shavings, sawdust, etc. on the ground or buried in fill: C. Prevent sawdust and wood shavings from entering the storm drainage system. END OF SECTION • • Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof .0610 00-3 Punted 4/1/2013 SECTION 07 51 00 BUILT-UP-BITUMINOUS ROOFING SECTION 07 51 00 BUILT-UP BITUMINOUS ROOFING PART 1 GENERAL 1.01 SECTION INCLUDES A. Built-up roofing membrane, conventional application. B. Insulation,flat and tapered. C. Base flashings. D. Roofing cant strips and accessories. 1.02 RELATED REQUIREMENTS A. Document 00 31 00-Available Project Information: Owner Furnished Materials Quantities. B. Section 01 22 00- Unit Prices: Unit prices for damaged sheathing. C. Section 02 41 19-Selective Structure Demolition: Removal and reinstallation of existing mechanical vents and removal of existing steel rungs at chimney. D. Section 06 10 00- Rough Carpentry:Wood sheathing and curbs. E. Section 07 62 00-Sheet Metal Flashing and Trim: Counterfashings, reglets, and other items specified in that Section. 1.03 REFERENCE STANDARDS A. ASCE 7-Minimum Design Loads for Buildings and Other Structures. B. ASTM B29-Standard Specification for Refined Lead. C. ASTM C208-Standard Specification for Cellulosic Fiber Insulating Board. D. ASTM C1289-Standard Specification for Faced Rigid Cellular Polyisocyanurate Thermal Insulation Board. E. ASTM D41 -Standard Specification for Asphalt Primer Used in Roofing, Dampproofing, and Waterproofing. F. ASTM D1863/D1863M-Standard Specification for Mineral Aggregate Used on Built-Up Roofs. G. ASTM D2523-Standard Practice for Testing Load-Strain.Properties of Roofing Membranes. H. ASTM D4586/D4586M-Standard Specification for Asphalt Roof Cement,Asbestos-Free. I. ASTM D4601/D4601M -Standard.Specification for Asphalt-Coated Glass Fiber Base Sheet Used in Roofing. J. ASTM E108-Standard Test Methods for Fire Tests of Roof Coverings. K. FM DS 1-28-Wind Design; Factory Mutual Research Corporation. L. NRCA ML104-The NRCA Roofing and Waterproofing Manual; National Roofing Contractors Association. M. UL(RMSD)-Roofing Materials and Systems Directory; Underwriters Laboratories Inc. 1.04 PREINSTALLATION CONFERENCE A. Preinstallation Conference: Convene one week before starting work of this section. 1. Review preparation and installation procedures and coordinating and scheduling required with related work. - 2. Meet with Owner, Architect, testing and inspecting agency representative, roofing Installer, • roofing system manufacturer's representative, deck Installer, and installers whose work interfaces with or affects roofing, including installers of roof accessories and roof-mounted equipment. 3. Review methods and procedures related to roofing installation, including manufacturer's written instructions. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 07 51 00- 1 Printed 412/2013 SECTION 07 51 00 BUILT-UP BITUMINOUS ROOFING 4. Review and finalize construction schedule and verify availability of materials, Installer's personnel, equipment, and facilities needed to make progress and avoid delays. 5. Examine deck substrate conditions and finishes for compliance with requirements, including flatness and fastening. 6. Review structural loading limitations of roof deck during and after roofing. 7. Review base flashings, special roofing details, roof drainage, roof penetrations, equipment curbs, and condition of other construction that will affect roofing system. 8. Review governing regulations and requirements for insurance and certificates if applicable. 9. Review temporary protection requirements for roofing system during and after installation. 10. Review roof observation and repair procedures after roofing installation. 1.05 SUBMITTALS A. See Section 01 30 00-Administrative Requirements,for submittal procedures. B. Product Data: Provide data indicating membrane and bitumen materials, base flashing materials, insulation, and surfacing. C. Shop Drawings: Indicate joint or termination detail conditions, conditions of interface with other materials, and similar project specific details. D. Selection Samples: Manufacturer's full range of available standard colors for prefinished metal furnished as Work of this Section. E. Installer Certificates: Signed by roofing system manufacturer certifying that Installer is authorized, or licensed by manufacturer to install specified roofing system and is eligible to receive the standard roofing manufacturer's warranty. 1. Indicate compliance with all specified qualification requirements. F. Manufacturer Certtficates: Signed by roofing system manufacturer certifying that the roofing system complies with specified requirements. On request, submit evidence of complying with requirements. The roofing material manufacturer shall be ISO 9001 registered. Manufacturer will provide proof of ISO 9001 registration by submitting a copy of the Certificate of Registration. G. Qualification Data: For,firms and persons specified in the"Quality Assurance"Article to demonstrate their capabilities and experience. Include lists of completed projects with project names and addresses, names and addresses of architects and owners, and other information specified. Installation firm shall have been in business for a minimum of 5 continuous years. H. Product Test Reports: Based on evaluation of tests performed by manufacturer and witnessed by a qualified independent testing agency, indicate compliance of components of roofing system with requirements based on comprehensive testing of current product compositions. I. Research/Evaluation Reports: Evidence of roofing system's compliance with building code in effect for Project from a model code organization acceptable to authorities having jurisdiction. J. Specimen Warranty: Sample copy of standard roofing manufacturer's warranty stating obligations, remedies, limitations, and exclusions of warranty. Highlight any exdusions and their definitions. Include any exclusions of the requirements of this section that are referenced in other manufacturer's data. K. Provide independent laboratory evidence that roof system meets minimum tensile strength of 497 Ibf. MD and 411 lbf.XMD as measured by ASTM D2523. L. Provide proof of UL Class A fire rating. M. Maintenance Data: For roofing system to include in the maintenance manuals. N. Manufacturer's Installation Instructions: Indicate special procedures and perimeter conditions requiring special attention. O. Manufacturer's Field Reports: Indicate procedures followed, ambient temperatures, humidity, wind velocity during application, and supplementary instructions given. P. Inspection Report: Copy of roofing system manufacturer's inspection report of completed roofing installation. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 07 51 00 -2 Pnnted 4/2/2013 • SECTION 07 51 00. BUILT-UP BITUMINOUS ROOFING Q. Warranty. Submit manufacturer warranty and ensure forms have been completed in Owner's . name and registered with manufacturer. 1.06 PERFORMANCE REQUIREMENTS A. Roofing System: Provide long term protection from water migration from entering building through the roof-membrane. 1. Minimum tensile strength of 497 Ibf. MD and 411 lbf.XMD as measured by ASTM D2523. B. Roofing System Design: Provide membrane roofing system that is identical to systems that have been successfully tested by a.qualified testing and inspecting agency to resist uplift pressure calculated according to ASCE/SEI 7. 1.07 QUALITY ASSURANCE . A. Perform work in accordance with NRCA Roofing and Waterproofing Manual and manufacturer's instructions. B. Employ Field Technical Services Representatives available for monitoring Project Work on a regular basis and who are available for final roof inspection.Technical Service personnel shall be full time employees of the Roofing System Manufacturer. Provide manufacturer's trained technical field advisors to perform random inspections and evaluations. Field advisors shall provide written reports of each inspection.A minimum of two field days shall be used for this project. Additional days may be required if serious deficiencies are detected. C. During the course of the Work, the Owner's testing laboratory may take cores and material samples and perform such tests as deemed desirable by Owner or Architect. D. Installer Qualifications: Engage an experienced installer to perform Work of this Section who has specialized in installing roofing similar to that required for this Project;who is approved, authorized, or licensed by the roofing system manufacturer to install manufacturer's product; and who is eligible to receive the standard roofing manufacturer's warranty. Certify that neither the company nor any of its officers have been in bankruptcy for the past ten years E. Fire-Test-Response Characteristics: Provide roofing materials with the fire-test-response characteristics indicated as determined 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; complying with ASTM E108/UL 790,for application and slopes indicated 1.08 DELIVERY, STORAGE,AND HANDLING A. Deliver products in.manufacturer's original containers, dry, undamaged, with seals and labels intact. B. Do not deliver roofing materials, coatings, roofing felt, etc.for storage at the site sooner than 24 hours before needed for application in the Work. C. Store products in weather protected environment, clear of ground and moisture. Do not leave materials exposed to the elements. Remove all wet and damp materials from the site. D. Protect foam insulation from direct exposure to sunlight. E. Store roofing felts on end. Store felts in a totally dry area such as in a totally enclosed van, truck or trailer. Coverings over roofing felts stored on the roof shall be loose fitting and blocked up away from the felts to provide adequate ventilation and prevent condensation from forming and/or.coming in contact with the felts. F. Owner furnished materials will be delivered to the jobsite. Contractor shall coordinate receipt of delivery, unloading and storage of materials at the jobsite in a secured storage area to be determined at the preconstruction meeting. Project No.12051 Tigard-Tualatin School District April 2013 • Twality Middle School -Cafetorium Re-Roof 07 51 00 -3 Pnnted 4f2/2013 SECTION 07 51 00 BUILT-UP BITUMINOUS ROOFING 1.09 FIELD CONDITIONS A. Do not apply roofing membrane during unsuitable weather. B. Do not apply roofing membrane when ambient temperature is below 40 degrees F. C. Do not apply roofing membrane to damp or frozen deck surface or when precipitation is expected or occurring. D. Do not expose materials vulnerable to water or sun damage in quantities greater than can be weatherproofed the same day. 1.10 WARRANTY A. See Section 01 78 00-Closeout Submittals,for additional warranty requirements. B. At completion of project the roofing manufacturer shall deliver to Owner a fifteen year manufacturer Roofing System Quality Assurance Warranty and Owner's Manual. Manufacturer will, during the second and fifth year of this warranty, inspect roof system and perform preventative maintenance including general repairs and housekeeping at no cost to the Owner. Manufacturer will provide the District a written Executive Summary of findings of inspection and maintenance items performed. C. The Manufacturer's Warranty will include labor and material coverage against leakage on all components of roofing system including those manufactured by others. Included in the warranty coverage are the following: 1. Insulation materials,fasteners and adhesives. 2. All new and temporary roof membrane components and adhesives. 3. All metal flashing, penetration flashing, counterflashing and metal edge components • including cleat strip. 4. All tapered edge and cant strips. 5. All surface mastics, stripping plies, etc. 6. All drain and scupper flashings. 7. Any movement associated with metal edge joints or flashings causing leaks. 8. Damages caused by wind speeds up to 74 miles per hour. 9. Permanent tie-ins and/or control joints separating new and old roofing. 10. Any roof leaks or other problems caused by substrate movement of any component other than the deck shall NOT be excluded. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Some of the materials required for Work of this Section are Owner Furnished, Contractor Installed, as indicated in subsequent paragraphs. Contractor furnished materials shall be compatible with Owner Furnished materials and acceptable to roofing system manufacturer. B. Bidding contractors have been supplied with a list of materials and quantities to be furnished by the Owner. Bidding contractors shall provide any further quantities of materials that are required to complete the project as part of their bid. 1. Refer to Document 00 31 00-Available Project Information for listing of quantities for Owner Furnished Materials. C. Owner Furnished Sheet and Bitumen Materials: 1. Tremco, Inc. 2.02 ROOFING -CONVENTIONAL APPLICATION A. Cold Built-Up Roof System: Minimum three-ply asphalt tri-laminate fiberglass and polyester reinforced composite felt, cold applied membrane system with elastomeric base flashing and roofing aggregate in waterborne cold applied flood coat, over adhered fiberboard over tapered polyisocyanurate insulation system. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 07 51 00 -4 Pnnted 4/2/2013 SECTION 07 51 00 BUILT-UP BITUMINOUS ROOFING • B. Roofing Assembly Requirements: 1. Roof Covering External Fire-resistance Classification: UL Class A. 2. Factory Mutual Classification: Class I and windstorm resistance of 1-90, in accordance with FM DS 1-28. 3. Insulation Thermal Value(R), minimum: To match existing. C. Surfacing: Aggregate. 2.03 OWNER FURNISHED MATERIALS A. Ply Sheets:ASTM D4601 Type II; trilaminate polyester and fiberglass reinforced felts. 1. Product: Tremco BURmastic Composite Ply HT. B. Base Flashing Material: TRA elastomer, laminated to a high-strength polyester reinforcing scrim. 1. Product: Tremco TRA Elastomeric Sheeting. C. Cold Process Asphaltic Adhesive: Asbestos free, low volatile fibrated asphaltic adhesive. 1. Product: Tremco BURmastic Adhesive LV. D. Asphalt Primer:ASTM D41, polymer modified asphalt emulsion. 1. Product: Tremco Trem prime QD. E. Asphalt Mastic:ASTM D4586 fibrated asphalt mastic. F. Surfacing Adhesive: Cold process, water-based restorative coating. 1. Product: Tremco ECOLastic. G. Flashing Adhesive:Trowel grade solvent free modified rubber mastic. 1. Product: Tremlar LRM "V". H. Insulation Adhesive: Solvent free, moisture curing urethane based insulation adhesive. 1. Product: Tremco Fas'N'Free Adhesive. I. Flashing Surfacing: Ready-mixed double duty aluminum coating. 1. Product: Tremco Double Duty Aluminum. J. Stripping Adhesive For Metal Edges and Lead Flanges:ASTM D4586 asphalt mastic. _ K. Stripping Ply: Vinyl coated glass mesh. Non-shrinking, vinyl coated, woven glass mesh for reinforcement or repair of roof membranes and flashings. L. Stripping Adhesive for Metal Edge: Trowel grade solvent free modified rubber adhesive. 1. Product: Tremco Tremlar LRM "VL. 2.04 CONTRACTOR FURNISHED MATERIALS A. Contractor furnished materials include, but are not limited to, the materials listed under this Article. Furnish additional supplemental materials as required for a complete assembly. B. Sheathing Paper: Rosin sheathing paper. C. Cant Strips:ASTM C208, impregnated fiberboard, 2 inches thick by 5 inch face width, minimum. D. Roofing Aggregate: ASTM D1863, hard, durable, opaque; washed free of clay, loam, sand or other foreign substances. 1. Size: 1/4-10. E. Sealants: Drawband sealant, FS TT-S-00230C(2), single component, acrylic sealant. F. Lead Flashing: ASTM B29, 4 pound sheet lead. G. Fasteners: 1. Simplex fasteners for installation of base sheet over wood deck. 2. Olympic Fasteners with 3-inch metal plate for installation of insulation over wood deck. H. Cover Board: 1/2-inch thick fiberboard, asphalt coated six sides as manufactured by Temple Inland, Inc. or similar. Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 07 51 00-5 Pnnted 4/2/2013 SECTION 07 51 00 BUILT-UP BITUMINOUS ROOFING I. Flat and Tapered Polyisocyanurate Board Insulation: Rigid cellular foam, complying with ASTM C1289, Type II, Class 1, cellulose felt or glass fiber mat both faces; Grade 2, and with the following characteristics: 1. Compressive Strength: 20 psi 2. Board Thickness: 1-inch minimum. 3. Board Edges: Square. 4. Manufacturer: As approved by roofing manufacturer. PART 3 EXECUTION 3.01 SCOPE OF WORK A. Cafetorium Roof Area: 1. Remove and dispose of existing roof membrane, insulation and perimeter drip edge flashing. Remove and reinstall existing gutters. 2. Sweep and inspect decking. Replace any deteriorated decking after informing Owner of condition. a. Coordinate with Work of Section 0610 00- Rough Carpentry. 3. Coordinate with Work of Section 02 41 19-Selective Structure Demolition for removal of chimney to extent indicated on drawings and for removal of rungs from chimney to remain. Replace decking. 4. Refer to Section 02 41 19-Selective Structure Demolition for removal and reinstallation of existing mechanical vents. 5. Remove gravel surface from the adjacent gym roof in areas where tapered system will overlap new membrane with tie-in. 6. Prime exposed roof membrane with asphaltic primer and allow to dry completely. 7. Mechanically attach 1/4-inch in 12-inch tapered polyisocyanurate insulation with 1-inch start over rosin paper. 8. Mechanically attach 1/4-inch in 12-inch tapered polyisocyanurate crickets over prepared membrane on adjacent gym roof. 9. Adhere 1/2-inch cover board over new base insulation. Butt system tight to perimeter nailers. Install adhered tapered edge to transition to height of existing roof membrane surface on adjacent gym roof. 10. Nail attach a 12-inch dry sheet at edges to receive perimeter drip edge. 11. Install 3 plies cold applied roof membrane over cover board. Extend plies 24 inches on to • prepared existing roof membrane. Seal tie-off to existing membrane with 5 course striping detail. • 12. Install elastomeric base flashing to all walls and vertical projections. Surface with reflective • aluminum. 13. Allow plies to cure for 21 days and surface roof with cold adhesive and gravel. 14. Install new perimeter 24 gage prefinished coated drip metal into existing gutters. Seal metal to new plies with 9-inch wide elastomeric sheeting set in modified flashing adhesive. Seal top edge of new ply sheet with 3 course of modified mastic and mesh. Surface with reflective aluminum coating. 15. Extend gutters at corner where chimney was removed. 16. Install termination bar with sealant lip in existing vents to seal top of base flashing. Seal termination bar to vent with Vulkem sealant and tool to shed water. B. Loading Dock: 1. Cut roofing and deck back to extent indicated on the Drawings. 2. Completely remove gravel surfacing from existing membrane for 30 inches back from cut edge. 3. Nail attach sheet of composite ply over exposed deck. Extend sheet 6 inches past edge of deck. 4. Prime exposed roof membrane with asphaltic primer and allow to dry completely. 5. Adhere tapered edge maternal to match surface height of existing roof membrane. Start taper 6 inches back from edge of deck. Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 07 51 00 -6 Pnnted 4/2/2013 SECTION 07 51 00 BUILT-UP BITUMINOUS ROOFING 6. Install 3 plies of composite ply set in cold adhesive. Extend first ply 12 inches onto prepared existing roof membrane. Extend next two plies 6 inches beyond previous ply. 7. Seal new tie-in to existing membrane with 5 course stripping detail. 8. Install new perimeter 24 gage prefinished drip metal into existing gutters. Seal metal to new plies with 9-inch wide elastomeric sheeting set in modified flashing adhesive. Seal top edge of new ply sheet with 3 course of modified mastic and mesh. Surface with reflective aluminum coating. 9. Install new 24 gage prefinished gutter and tie in to existing drainage system. 3.02 EXAMINATION A. Verify that surfaces and site conditions are ready to receive work. B. Verify deck is supported and secure. Notify Architect of all loose or improperly installed decking. C. Verify deck is clean and smooth, flat,free of depressions, waves, or projections, properly sloped and suitable for installation of roof system. D. Verify deck surfaces are dry and free of snow or ice. E. Verify that roof openings, curbs, and penetrations through roof are solidly set, and cant strips are in place. F. Check projections, curbs, and deck for inadequate anchorage,foreign material, moisture, or unevenness that would prevent quality and execution of new roofing system. Install new wood curbs to raise curb height. G. Beginning of installation means installer accepts existing substrate. 3.03 WORKMANSHIP A. Substrate: Free of foreign particles prior to laying roof membrane. B. Phased application not permitted. Complete all plies each day. C. Traffic and Equipment: Keep off completed plies until adhesive has set. D. Wrapper and Packaging Materials: Not to be included in roofing system. E. Entrapped Aggregate: Not permitted within new membrane. Its discovery is sufficient cause for rejection. F. Ply shall never touch ply, even at roof edges, laps, tapered edge strips, and cants. G. Fit plies into roof drain rims; install lead flashing and finishing plies; secure clamping collars; install domes. H. Extend roofing membrane two inches above the top edge of cant at wall and projection bases. I. Cut out fishmouths/side laps which are not completely sealed and patch. Replace all sheets which are not fully and continuously bonded. 3.04 PROTECTION A. Roofing, flashings, membrane repairs, and insulation shall be installed and sealed in a watertight manner on same day of installation or before arrival of inclement weather. B. At start of each work day, plug drains within daily work area. Remove plugs at end of each work day or before arrival of inclement weather. C. Preparation work shall be limited to those areas that can be covered with installed roofing material on same day or before arrival of inclement weather. D. Arrange work sequence to avoid use of newly constructed roofing for storage, walking surface, and equipment movement. Move equipment and ground storage areas as work progresses. E. Protect building surfaces at set-up areas with tarpaulin. Secure tarpaulin. F. At end of each working day, seal removal areas with water stops along edges to prevent water entry. G. Provide clean plywood walkways and take other precautions required to protect existing roof areas and to prevent tracking of aggregate/debris from existing membrane into new work area Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 07 51 00 -7 Pnnted 4/2/2013 • SECTION 07 51 00 BUILT-UP BITUMINOUS ROOFING where aggregate/debris pieces can be trapped within new roofing membrane. Instruct and police workers to ensure that aggregate/debris is not tracked into new work areas on workmen's shoes or equipment wheels. Discovery of entrapped aggregate/debris within new membrane is sufficient cause for its rejection. 3.05 INSULATION INSTALLATION A. New insulation material shall have accurate dimensions and sufficient structural stability to properly conform to the surfaces of the roof, cants, curbs, pipes, etc. Joints between boards shall be tight, except at junctions with all vertical surfaces and sumps, where 1/2 inch clearance shall be maintained. Protect insulation from the weather at all times. Lay no more insulation than can be completely covered by a waterproofing membrane during the same day. A fully adhered base sheet course shall be considered to be a satisfactory weather barrier for no longer than 24 hours. Insulation that becomes wet during or after installation shall be removed and replaced with dry insulation. If the membrane has already.been applied over such wet insulation, then the roofing membrane shall also be replaced.All such replacement work shall be at no additional charge to the Owner. B. Conform to roofing manufacturer's written standards for installation over wood decks and requirements included herein. C. Insulation boards shall be no greater than 2 inches thick. Insulation packages greater than 2 inches shall be installed with multiple layers of insulation board. D. Apply insulation with long joints parallel to roof edges. All end joints shall be staggered at least twelve inches. E. Firmly butt each board to surrounding boards. Mechanically attach to structural deck. Drive fasteners flush to top surface. Adhere where specified. F. Cut and fit boards where roof deck intersects vertical surfaces. G. Filler boards require two fasteners per board, minimum. 1. Filler size: Eighteen inches in length or width, minimum. H. Seat fasteners firmly in discs with fastener heads flush or below disc's top surface. 1. Length: Sufficient to accommodate roof insulation thickness and engage deck one inch minimum. I. Install one fastener per two square feet. Increase fastener density 50 percent for first 6 feet in from perimeter edges of roof. Double fastener density within 8 feet of all perimeter outside corners. J. No more insulation shall be applied than can be completely covered with the finished membrane on the same day. K. Insulation adhesive shall be used on all concrete decks at a rate of one gallon per 100 sq. ft. Double rate for first 6 feet from perimeter edge. L. Adhere cover board and tapered edge to base layers of insulation layers with insulation adhesive. 1. Adhere individual insulation boards in adhesive at rate of 2 gal per 100 sq ft. 2. Immediately walk boards in to place to ensure complete adhesion. 3. Weight down corners and centers of boards as necessary to allow no deformation of insulation boards while curing. 3.06 CANT INSTALLATION A. Bear cant full on roof deck and against vertical surfaces corners mitered. Place at all vertical surfaces or curbs, roof edges and other locations where required. 3.07 MEMBRANE APPLICATION A. At all perimeter edges to receive metal gravel stop or metal drip edge, install an 18 inch wide dry sheet of ply sheet either nailed at 12 inches on center or set in adhesive. Sheet shall extend 4 inches beyond edge of roof.Turn sheet down the outside of the roof edge and install the perimeter metal flashing over top. Trim excess material extending below perimeter metal even Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 07 51 00 -8 Pnnted 4/2/2013 SECTION 07 51 00 BUILT-UP BITUMINOUS ROOFING with bottom of face of metal edge.Absence of this sheet during final inspection will be grounds for rejection of roof edge detail. B. Install minimum of three ply sheets, shingle fashion. Place ply sheets to ensure water will flow over or parallel to; but, never against exposed edges. C. Broom each ply into adhesive. Ensure complete and continuous seal and contact between bitumen and ply sheets, including ends, edges, and laps without wrinkles,fishmouths, or blisters. 1. Broom Width: Thirty-four inches minimum. 2. Avoid walking on plies until adhesive has set. D. Embed each ply in a uniform and continuous spray of mastic. 1. Interply rate: 2.5 gallons per 100 sq.ft. E. Lap ply sheet ends six inches. Stagger end laps twelve inches minimum. 3.08 DAILY WATERSTOP/TIE-INS A. Remove embedded gravel/debris from top ply of felt along termination. B. Width: Eighteen inches. C. Adhere twelve and eighteen inch wide ply sheets from exposed deck to existing roofing with a continuous 1/16 inch thick application of tie-off mastic. Glaze cut-off with surfacing mastic. Extend eighteen inch wide felt three inches either side twelve inch felt. D. Install "deadman" insulation filler at insulation staggers. E. Extend roofing system at least twelve inches onto prepared area of adjacent roofing. Seal edge • with six inch wide reinforcing membrane embedded between alternate courses of tie-off mastic. F. At beginning of next day's work remove temporary connection by cutting felts evenly along edge of existing roof system. Remove"deadman" insulation fillers. 3.09 PERMANENT WATERSTOP/TIE-INS A. Completely remove embedded gravel/debris from top ply of felt along termination. 1. Width:Thirty Inches. 2. Sweep clean. Prime swept surface with asphalt primer at 100 sq.ft. per gallon. B. Adhere twelve and eighteen inch wide ply sheet from exposed deck to existing roofing with a continuous application of tie-off mastic. Glaze cut-off with surfacing mastic. Extend eighteen inch wide felt three inches either side twelve inch felt. C. Extend bottom layer of roofing system at least eight inches onto prepared area of adjacent roofing. Lap proceeding layer of roofing minimum 8 inches beyond edge of subsequent layer. Seal edge with six inch wide reinforcing membrane embedded between alternate courses of tie-off mastic. Install new granules in wet mastic. 3.10 FLASHINGS AND ACCESSORIES A. Conform to NRCA details for construction. B. Elastomeric Flashing: 1. Adhere elastomeric sheeting completely to flashing surface, cant, and roofing with flashing adhesive/bitumen. 2. Ensure complete bond and continuity without wrinkles or voids. Lap sheeting ends four inches; wipe both sides of seams with solvent and splice ends with lap adhesive; steel roll. Wipe top of seam with solvent and apply edge sealant. 3. Elastomeric Sheeting Width: Sufficient to extend at least six inches beyond toe of cant onto new roof. 4. Seal roof edge of sheeting with reinforcing membrane embedded between alternate continuous courses of flashing adhesive. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 07 51 00 -9 Pnnted 4/2/2013 SECTION 07 51 00 BUILT-UP BITUMINOUS ROOFING C. Two-Ply Stripping: 1. Set primed flange in asphalt mastic. Seal flange with two stripping plies embedded between alternate applications of stripping adhesive/bitumen. Extend first ply four inches beyond flange; second ply two inches beyond first ply. D. Coat all base flashing with reflective aluminum coating at a rate of 1 gallon/100 sq ft. E. Replace any missing drain screen or caps. F. All pipe leads shall have a fabricated stainless steel screen, 1/4 inch grid, soldered to the top of the lead cap. All lead caps shall be secured to the base with elastomeric mastic. 3.11 SURFACING APPLICATION A. Prior to application of surface treatment system, inspect roof with manufacturer's representative and correct all deficiencies noted. B. Aggregate Surfaced Roof Areas: 1. . Apply a continuous application of adhesive at a rate of 5 gallons per 100 sq.ft. 2. Install fresh clean roofing aggregate at a rate of 300 lbs per 100 sq.ft. into wet coating. 3.12 CLEANING A. Installations of details noted as deficient during final inspection must be repaired and corrected by applicator and made ready for re-inspection within five working days. B. Remove bituminous markings from finished surfaces. C. In areas where finished surfaces are soiled by asphalt or any other source of soiling caused by work of this section, consult manufacturer of surfaces for cleaning advice and conform to their documented instructions. D. Repair or replace defaced or damaged finishes caused by work of this section. E. Immediately upon job completion, roof membrane and flashing surfaces shall be cleaned of debris. F. Clean drains lines, gutters and downspouts of debris. 3.13 PROTECTION A. Protect installed roofing and flashings from construction operations. B. Where traffic must continue over finished roof membrane, protect surfaces of new plies with plywood walk paths. 3.14 FIELD QUALITY CONTROL A. Manufacturer's Representative:The material manufacturer's field representative will be responsible for: 1. Assisting in ascertaining conformance with the requirements of these specifications and to the published instructions of the material manufacturer. 2. Keeping Architect informed after periodic inspections as to the progress and quality of the work as observed. Providing written field reports after every inspection. 3. Calling to the attention of the Contractor and applicator those observed matters which he considers to be in conflict with requirements of specifications and/or published instructions of material manufacturer. 4. Supervising the taking of test cuts and the restoration of such area. 5. Certifying, after completion of the work and based on his observations and tests, his opinion as to the extent to which the applicator has complied with this specification, as well as to the published instructions of the material manufacturer. 6. The presence and activities of the material manufacturer's field representative will in no way relieve the Contractor or roofing installer of their contractual responsibilities. END OF SECTION Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 07 51 00 - 10 Pnnted 4/2/2013 SECTION 07 62 00 SHEET METAL FLASHING AND TRIM SECTION 07 62 00 SHEET METAL FLASHING AND TRIM PART 1 GENERAL 1.01 SECTION INCLUDES A. Fabricated sheet metal items, including flashings, counterflashings, gutters, and other items indicated in Schedule. B. Reglets and accessories. 1.02 RELATED REQUIREMENTS A. Section 07 51 00 -Built-up Bituminous Roofing? Roofing systems and installation of sheet metal and flashing where indicated. 1.03 REFERENCE STANDARDS A. AAMA 2605-Voluntary Specification, Performance Requirements and Test Procedures for Superior Performing Organic Coatings on Aluminum Extrusions and Panels. B. ASTM A653/A653M-Standard Specification for Steel Sheet, Zinc-Coated (Galvanized)or Zinc- Iron Alloy-Coated (Galvannealed) by the Hot-Dip Process. C. ASTM B32 -Standard Specification for Solder Metal. D. ASTM B749-Standard Specification for Lead and Lead Alloy Strip, Sheet, and Plate Products. • E. ASTM D1970-Standard Specification for Self-Adhering Polymer Modified Bituminous Sheet Materials Used as Steep Roofing Underlayment for Ice Dam Protection. F. ASTM D2244-Standard Practice for Calculation of Color Tolerances and Color Differences from Instrumentally Measured Color Coordinates. • G. ASTM D4214-Standard Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films. H. ASTM D4479/D4479M -Standard Specification for Asphalt Roof Coatings-Asbestos-Free. I. SMACNA(ASMM)-Architectural Sheet Metal Manual; Sheet Metal and Air Conditioning Contractors' National Association. 1.04 PREINSTALLATION CONFERENCE A. Preinstallation Conference: Convene one week before starting work of this section. 1. Insure that all parties whose work interfaces with roof system application are in attendance. These parties include, but are not limited to, the following: a. Owner. b. Architect. c. Contractor. d. Contractor's superintendent. e. Sheet metal contractor. f. Roofing installer. g. Roofing manufacturer's representative. 1.05 PERFORMANCE REQUIREMENTS A. General: Sheet metal flashing and trim assemblies as indicated shall withstand wind loads, structural movement,thermally induced movement, and exposure to weather without failure due to defective manufacture, fabrication, installation, or other defects in construction. Completed sheet metal flashing and trim shall not rattle, leak, or loosen, and shall remain watertight. B. Water Infiltration: Provide sheet metal flashing and trim that does not allow water infiltration to building interior. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 07 62 00- 1 Pnnted 4/1/2013 SECTION 07 62 00 SHEET METAL FLASHING AND TRIM 1.06 SUBMITTALS A. See Section 01 30 00-Administrative Requirements,for submittal procedures. B. Shop Drawings: Indicate material profile,jointing pattern,jointing details,fastening methods, flashings,terminations, and installation details. C. Samples: Submit two samples 6 x 6 inch in size illustrating metal finish color. D. Warranties:Special warranties specified in this Section. 1.07 QUALITY ASSURANCE A. Perform work in accordance with SMACNA Architectural Sheet Metal Manual requirements and standard details, except as otherwise indicated. B. Fabricator and Installer Qualifications: Company specializing in sheet metal work with 10 years of documented experience. 1.08 DELIVERY, STORAGE,AND HANDLING A. Stack material to prevent twisting, bending, and abrasion, and to provide ventilation. Slope metal sheets to ensure drainage. B. Prevent contact with materials that could cause discoloration or staining. 1.09 WARRANTY A. Special Project Warranty: Submit Installer's warranty, on Installer's standard or customized form, signed by Installer, covering the Work of this Section, including all components of flashing and sheet metal against defects in materials and workmanship,for the following warranty period: 1. Warranty Period: Two years from date of Substantial Completion. B. Special Warranty on Finishes: Manufacturer's standard form in which manufacturer agrees to repair finish or replace sheet metal flashing and trim that shows evidence of deterioration of factory=applied finishes within specified warranty period. 1. Exposed Panel Finish: Deterioration includes, but is not limited to, the following: a. Color fading more than 5 Hunter units when tested according to ASTM D2244. b. Chalking in excess of a No. 8 rating when tested according to ASTM D4214. c. Cracking, checking, peeling, or failure of paint to adhere to bare metal. 2. Finish Warranty Period: 20 years from date of Substantial Completion. • PART 2 PRODUCTS 2.01 SHEET MATERIALS A. Galvanized Steel: ASTM A653/A653M, with G90/Z275 zinc coating; minimum 0.028 inch(24 gage)thick base metal. B. Pre-Finished Galvanized Steel: ASTM A653/A653M,with G90/Z275 zinc coating; minimum 0.028 inch(24 gage)thick base metal, unless otherwise indicated, shop pre-coated with PVDF coating. 1. PVDF(Polyvinylidene Fluoride)Coating: Superior Performance Organic Finish, AAMA 2605; multiple coat, thermally cured fluoropolymer finish system. 2. Color:To match existing. C. Lead: ASTM B749, 4 lb/sq ft thick. 2.02 ACCESSORIES A. Fasteners: Stainless steel, with soft neoprene washers.Where exposed to view,finish to match • color of metal being fastened. B. Nails(Metal Flange to Wood): Corrosion resistant, barbed, angular ring or screw shank, length • sufficient to penetrate wood nailer minimum 1-1/4-inch. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 07 62 00 -2 Printed 4/1/2013 SECTION 07 62 00 SHEET METAL FLASHING AND TRIM C. Self-Adhering, High-Temperature Sheet(SAHTS): Minimum 30 to 40 mils thick, consisting of slip-resisting polyethylene-film top surface laminated to layer of SBS-modified asphalt adhesive, with release-paper backing; cold applied. Provide primer when recommended by underlayment manufacturer. 1. Thermal Stability:ASTM D1970; stable after testing at 240 deg F. 2. Low-Temperature Flexibility:ASTM D 1970; passes after testing at minus 20 deg F. 3. Products: a. Carlisle Coatings &Waterproofing Inc.; CCW WIP 300HT. b. Henry Company; Blueskin PE200 HT. c. Owens Corning;WeatherLock Metal High Temperature Underlayment. d. Protecto Wrap Company; High Softening Point RainProof-40. e. Substitutions: See Section 01 60 00-Product Requirements. D. Primer: Zinc chromate type. E. Protective Backing Paint: Asphaltic mastic, ASTM D 4479 Type I. F. Sealant Tape: Pressure-sensitive, 100 percent solids, gray polyisobutylene compound sealant tape with release-paper backing. Provide permanently elastic, nonsag, nontoxic, nonstaining tape 1/2 inch wide and 1/8 inch thick. G. Elastomeric Sealant:ASTM C920, elastomeric polyurethane polymer sealant, low-modulus; of type, grade, class and use classifications required to seal joints in sheet metal flashing and trim and remain watertight. H. Butyl Sealant: ASTM C1311, single-component, solvent-release butyl rubber sealant; polyisobutylene plasticized; heavy bodied for hooded-type expansion joints with limited movement. I. Reglets:The following types, galvanized steel: 1. Surface Mounted: Provide with slotted holes for fastening to substrate with neoprene or other suitable weatherproofing washers, and with channel for sealant at top edge. 2. Accessories: a. Flexible-Flashing Retainer: Provide resilient plastic or rubber accessory to secure flexible flashing in reglet where clearance does not permit use of standard metal counterflashing or where Drawings show reglet without metal counterflashing. b. Counterflashing Wind-Restraint Clips: Provide clips to be installed before counterflashing to prevent wind uplift of counterflashing lower edge. J. Solder: ASTM B32; Sn50 (50/50)type. 2.03 FABRICATION A. General: Custom fabricate sheet metal flashing and trim to comply with recommendations in SMACNA's "Architectural Sheet Metal Manual"that apply to design, dimensions, geometry, metal thickness, and other characteristics of item indicated. Fabricate items at the shop to greatest extent possible. 1. Fabricate sheet metal flashing and trim in thickness or weight needed to comply with performance requirements, but not less than that specified for each application and metal. 2. Obtain field measurements for accurate fit before shop fabrication. 3. Form sheet metal flashing and trim without excessive oil canning, buckling, and tool marks and true to line and levels indicated, with exposed edges folded back to form hems. 4. Conceal fasteners and expansion provisions where possible. Exposed fasteners are not allowed on faces exposed to view. B. Field verify dimensions prior to fabrication. C. Form sections true to shape, accurate in size, square, and free from distortion or defects. D. Form pieces in maximum 10 foot lengths. E. Hem exposed edges on underside 1/2 inch; miter and seam corners. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 07 62 00-3 Printed 4/1/2013 SECTION 07 62 00 SHEET METAL FLASHING AND TRIM F. Form material with standing seams, except where otherwise indicated.At moving joints, use sealed lapped, bayonet-type or interlocking hooked seams. 1. Standing Seams: 1-inch high with sealant at folded corners. 2. Solder-Lap Seams: 1-inch finish width; sweat full with solder. 3. Double S Lock Seams: Form 1-1/4 inch with S shaped seam on each edge of flashing sheet for concealed fastening. G. Fabricate corners from one piece with minimum 18 inch long legs; seam for rigidity, seal with sealant. Solder galvanized steel that is not prefinished. Do not solder prefinished steel. 1. Do not use torches for soldering. Heat surfaces to receive solder and flow solder into joint. Fill joint completely.Completely remove flux and spatter from exposed surfaces. H. Fabricate vertical faces with bottom edge formed outward 1/4 inch and hemmed to form drip. 1. Extend vertical legs of concealed flashing minimum 6-inches or longer as detailed. I. Fabricate flashings to allow toe to extend 4 inches over roofing. Return and break edges. 2.04 GUTTER AND DOWNSPOUT FABRICATION A. Gutters: Profile as indicated. B. Gutters: Sizes indicated. C. Accessories: Profiled to suit gutters and downspouts. 1. Anchorage Devices: In accordance with SMACNA requirements. • 2. Gutter Supports: Internal brackets, unless otherwise indicated. D. Seal metal joints. PART 3 EXECUTION 3.01 EXAMINATION A. Verify roof openings, curbs, pipes, sleeves, ducts, and vents through roof are solidly set, reglets in place, and nailing strips located. B. Verify roofing termination and base flashings are in place, sealed, and secure. 3.02 PREPARATION A. Install starter and edge strips, and cleats before starting installation. B. Install surface mounted reglets true to lines and levels. Seal top of reglets with sealant. C. Back paint concealed metal surfaces with protective backing paint to a minimum dry film thickness of 15 mil. 3.03 INSTALLATION A. General: Install sheet metal flashing and trim to comply with performance requirements, sheet metal manufacturer's written installation instructions, and SMACNA's "Architectural Sheet Metal Manual." Provide concealed fasteners where possible, set units true to line, and level as indicated. Install work with laps,joints, and seams that will be permanently watertight and weather resistant. B. Install Work watertight and weathertight, without oil canning, buckles, tool marks,fastening stresses, distortion or defects which impair strength or mar appearance. C. Roof-Edge Flashings: Secure metal flashings at roof edges according to Section 1505.5 of the International Building Code. D. Expansion Provisions: Provide for thermal expansion of exposed flashing and trim. Space movement joints at a maximum of 10 feet with no joints allowed within 24 inches of corner or intersection. E. Metal Protection:Where dissimilar metals will contact each other or corrosive substrates, protect against galvanic action by painting contact surfaces with bituminous coating or by other permanent separation as recommended by SMACNA. F. Insert flashings into reglets to form tight fit. Secure in place with lead wedges. Seal flashings into reglets with sealant. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 07 62 00-4 Pnnted 4/1/2013 SECTION 07 62 00 SHEET METAL FLASHING AND TRIM G. Secure fleshings in place using concealed fasteners. Use exposed fasteners only where permitted. H. Fit fleshings tight in place. Make corners square, surfaces true and straight in planes, and lines accurate to profiles. I. Install high-temperature self-adhered membrane(SAHTS)flashing where indicated. Install under copings where indicated. Apply primer if required by manufacturer.Apply in shingle fashion to shed water, with end laps of not less than 6 inches staggered 24 inches between courses. Overlap side edges not less than 3-1/2 inches. Roll laps with roller. Cover underlayment within 14 days or as required by underlayment manufacturer. • J. Seal metal joints watertight. • K. Solder metal joints for full metal surface contact for fleshings that are not prefinished. After soldering, wash metal clean with neutralizing solution and rinse with water. 1. Clean and flux metals prior to soldering. 2. Perform soldering with a heavy soldering copper of blunt design, properly tinned for use. 3. Perform soldering slowly with a wall heated surface and fill with solder. 4. Do not solder coil-coated galvanized sheet steel. L. Counterflashing: Coordinate installation of counterflashing with installation of base flashing. Insert counterflashing in reglets or receivers and fit tightly to base flashing. Extend counterflashing 4 inches over base flashing. Lap counterflashing joints a minimum of 4 inches and bed with sealant. Secure in a waterproof manner by means of snap-in installation and sealant or lead wedges and sealant. M. Roof-Penetration Flashing: Coordinate installation of roof-penetration flashing with installation of roofing and other items penetrating roof. Seal with elastomeric sealant and clamp flashing to pipes that penetrate roof. N. Skirt Flashing: Fabricate and install with interlocking seams at bottom as indicated in SMACNA Figure 3-9 with alternate fastening method. Provide 24 inch(610 mm)wide panels with flat seams(Alternate Section A-A). O. Secure gutters in place using concealed fasteners. P. Install gutters with positive slope to prevent standing water in gutter. Q. Connect gutters to downspouts with leaders. Seal connection watertight. 3.04 FIELD QUALITY CONTROL A. See Section 01 40 00-Quality Requirements, for field inspection requirements. B. Inspection will involve surveillance of work during installation to ascertain compliance with specified requirements. 3.05 SCHEDULE A. Fabricate sheet metal flashing and trim from the following materials of the minimum thicknesses • indicated, unless otherwise required on the Drawings or to meet performance requirements. B. Gutters with Girth 16 to 20 inches: 1. Pre-Finished Galvanized Steel: 0.028 inch (24 gage)thick. C. Copings: Fabricate in minimum 96-inch-long, but not exceeding 10-foot-long, sections. Fabricate joint plates of same thickness as copings. Furnish with continuous cleats to support edge of external leg and drill elongated holes for fasteners on interior leg. Miter corners, seal, and solder or weld watertight. 1. Pre-Finished Galvanized Steel: 0.028 inch (24 gage)thick. D. Counterflashing: 1. Galvanized Steel: 0.028 inch(24 gage)thick. E. Flashing Receivers: 1. Galvanized Steel: 0.022 inch(26 gage)thick. Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 07 62 00-5 Pnnted 4/1/2013 SECTION 07 62 00 SHEET METAL FLASHING AND TRIM F. Roof-Penetration Flashing: 1. Galvanized Steel: 0.028 inch (24 gage)thick. G. Skirt Flashing: Fabricate from the following material: 1. Pre-Finished Galvanized Steel: 0.028 inch (24 gage)thick. H. Drip Edge: Fabricate with 4-inch flange. 1. Pre-Finished Galvanized Steel: 0.028 inch(24 gage)thick. END OF SECTION • Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 07 62 00 -6 Pnnted 4/1/2013 SECTION 09 90 00 PAINTING AND COATING SECTION 09 90 00 PAINTING AND COATING PART 1 GENERAL 1.01 SECTION INCLUDES A. Surface preparation and the application of paint systems on the following substrates: 1. Wood. B. Do Not Paint or Finish the Following Items: 1. Items fully factory-finished unless specifically so indicated; materials and products having factory-applied primers are not considered factory finished. 2. Items indicated to receive other finishes. 3. Items indicated to remain unfinished. 4. Concealed pipes, ducts, and conduits. 1.02 RELATED REQUIREMENTS A. Section 09 96 53-Elastomeric Coatings: Painting of exterior concrete walls. 1.03 DEFINITIONS A. Conform to ASTM D16 for interpretation of terms used in this section. B. Paint Gloss and Sheen: Paint gloss shall be defined as the sheen rating of applied paint, in accordance with the following MPI values: Gloss Level Description Units a 60 Degrees Units (a)85 Degrees G5 Semi-Gloss Finish 35 to 70 1.04 REFERENCE STANDARDS A. 40 CFR 59, Subpart D-National Volatile Organic Compound Emission Standards for Architectural Coatings; U.S. Environmental Protection Agency. B. ASTM D16-Standard Terminology for Paint, Related Coatings, Materials, and Applications. C. ASTM D4442-Standard Test Methods for Direct Moisture Content Measurement of Wood and Wood-Base Materials. 1.05 SUBMITTALS A. See Section 01 30 00-Administrative Requirements, for submittal procedures. B. Product List: For each product indicated, include the following: 1. Cross-reference to paint system and locations of application areas. Use same designations indicated on Drawings and in schedules. 2. Include printed statement of VOC content and chemical components. C. Samples for Verification: For each color and material to be applied, provide three 8-inch by 10- inch color drawdowns with texture to simulate actual conditions, and representing color and sheen. D. Certification: By manufacturer that all paints and coatings comply with VOC limits specified. E. Manufacturer's Instructions: Indicate special surface preparation procedures and substrate conditions requiring special attention. F. Maintenance Data: Submit data on cleaning, touch-up, and repair of painted and coated surfaces. 1. At project completion, provide an itemized list complete with manufacturer, paint type and color coding for all colors used for Owner's later use in maintenance. G. Maintenance Materials: Furnish the following for Owner's use in maintenance of project. 1. See Section 01 60 00- Product Requirements,for additional provisions. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 09 90 00 - 1 Printed 4/2/2013 SECTION 09 90 00 PAINTING AND COATING 2. Extra Paint and Coatings: 1 gallon of each color; store where directed.All extra stock containers are to be new and unopened. 3. Label each container with sheen, color, type, and location of use in addition to the manufacturer's label. 1.06 QUALITY ASSURANCE A. MPI Standards: 1. Preparation and Workmanship: Comply with requirements in "MPI Architectural Painting Specification Manual"and paint manufacturer's recommendations for products and paint systems indicated. 1.07 DELIVERY, STORAGE, AND HANDLING A. Deliver products to site in sealed and labeled containers; inspect to verify acceptability. B. Container Label: Include manufacturer's name, type of-paint, brand name, lot number, brand code, coverage, surface preparation, drying time, cleanup requirements, color designation, and instructions for mixing and reducing. C. Paint Materials: Store at minimum ambient temperature of 45 degrees F and a maximum of 90 degrees F, in ventilated area, and as required by manufacturer's instructions. 1.08 FIELD CONDITIONS A. Do not apply materials when surface and ambient temperatures are outside the temperature - ranges required by the paint product manufacturer. B. Follow manufacturer's recommended procedures for producing best results, including testing of substrates, moisture in substrates, and humidity and temperature limitations. C. Do not apply exterior coatings during rain or snow, or when relative humidity is outside the humidity ranges required by the paint product manufacturer. D. Apply paints only when temperature of surfaces to be painted and ambient air temperatures are between 50 and 95 deg F. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Provide all paint and coating products used in any individual system from the same manufacturer; no exceptions. B. Products: Provide one of the products listed in Part 2. C. Manufacturers' Names: Shortened versions(shown in parentheses)of the following manufacturers'names are used in Part 2: 1. Coronado Paint(Coronado) 2. Glidden Professional (GP)(Formally ICI Paints)/Devoe High Performance Coatings (Devoe). 3. Kelly-Moore Paints (Kelly). 4. Miller Paint Co. (Miller). 5. Benjamin Moore &Co. (Moore). 6. Parker Paint/Comex USA(Parker). 7. PPG Industries, Inc. (PPG). 8. Rodda Paint/Cloverdale Paint Co. (Rodda). 9. Sherwin-Williams Co. (S-W). D. Substitutions: Not permitted. 2.02 PAINTS AND COATINGS-GENERAL A. Paints and Coatings: Ready mixed, unless intended to be a field-catalyzed coating. 1. Provide paints and coatings of'a soft paste consistency, capable of being readily and uniformly dispersed to a homogeneous coating, with good flow and brushing properties, and capable of drying or curing free of streaks or sags. Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 09 90 00 -2 Printed 4/2/2013 SECTION 09 90 00 PAINTING AND COATING 2. Provide materials that are compatible with one another and the substrates indicated under conditions of service and application, as demonstrated by manufacturer based on testing and field experience. 3. Supply each coating material in quantity required to complete entire project's work from a single production run. 4. Do not reduce, thin, or dilute coatings or add materials to coatings unless such procedure is specifically described in manufacturer's product instructions. B. Volatile Organic Compound (VOC)Content: 1. Provide coatings that comply with the most stringent requirements specified in the following: a. 40 CFR 59, Subpart D--National Volatile Organic Compound Emission Standards for Architectural Coatings. 1) Nonflat Paints, Coatings are not included, and Primers: VOC content of not more than 150 g/L. 2. Determination of VOC Content:Testing and calculation in accordance with 40 CFR 59, Subpart D(EPA Method 24), exclusive of colorants added to a tint base and water added at project site; or other method acceptable to authorities having jurisdiction. C. Flammability: Comply with applicable code for surface burning characteristics. D. Colors: To match existing 1. Extend colors to surface edges; colors may change at any edge as directed by Architect. 2.03 PAINT SYSTEMS-EXTERIOR A. Wood Trim: Provide the following finish systems over exterior wood trim: 1. Semigloss, Acrylic-Enamel Finish: 2 finish coats over a primer. a. Primer: Exterior, acrylic-latex primer applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 1.4 mils. 1) Coronado: Supreme Oil House Paint Primer 5-11. 2) GP: 3210 Gripper 100%Acrylic Primer. 3) Kelly: 255 Acry-Shield 100%Acrylic Exterior Wood Primer. 4) Miller: 7052 Acrilite Primer. 5) Moore: Super Spec Latex Exterior Primer 169. 6) Parker: UltraTech C312 Int./Ext. 100%Acrylic Wood Primer. 7) PPG: 17-921 Seal-Grip 100%Acrylic Primer. 8) Rodda: First Coat Primer 501601. 9) S-W: PrepRite ProBlock Interior Exterior Latex Primer Sealer B51. b. First and Second Coats: Semigloss, waterborne, exterior, acrylic-latex enamel applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 2.4 mils. 1) Coronado: Supreme Acrylic Latex Semi-Gloss House Paint 12 Line. 2) GP: Ultra-Hide 2416 Exterior Semi-Gloss. 3) Kelly: 1215 Color Shield Exterior Acrylic Semi-Gloss Enamel. 4) Miller: 7500 Semi-Gloss Acrilite. 5) Moore: Super Spec Latex House&Trim Paint#170. 6) Parker: 300 Flex Glow 100% Acrylic Ext. S/G Latex Enamel. 7) PPG: 6-900X1 Series Speedhide Exterior Semi-Gloss Latex. 8) Rodda: Unique II Semi-Gloss Interior/Exterior Acrylic 542001X. 9) S-W: A-100 Exterior Satin Latex A82. 2.04 ACCESSORY MATERIALS A. Accessory Materials: Provide all primers, sealers, cleaning agents, cleaning cloths, sanding materials, and clean-up materials required to achieve the finishes specified whether specifically indicated or not; commercial quality. B. Patching Material: Latex filler. C. Fastener Head Cover Material: Latex filler. Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 09 90 00-3 Printed 4/2/2013 SECTION 09 90 00 PAINTING AND COATING PART 3 EXECUTION 3.01 EXAMINATION A. Do not begin application of coatings until substrates have been properly prepared. B. Verify that surfaces are ready to receive work as instructed by the product manufacturer. C. Examine surfaces scheduled to be finished, with Applicator present, prior to commencement of work. Report any condition that may potentially affect proper application. 1. Beginning coating application constitutes Contractor's acceptance of substrates and conditions. D. Measure moisture content of surfaces using an electronic moisture meter. Do not apply finishes unless moisture content of surfaces are below the following maximums: 1. Exterior Wood: 15 percent, measured in accordance with ASTM D4442. 3.02 PREPARATION A. Comply with manufacturer's written instructions and recommendations in "MPI Architectural Painting Specification Manual"applicable to substrates indicated. B. Clean surfaces thoroughly and correct defects prior to coating application. C. Prepare surfaces using the methods recommended by the manufacturer for achieving the best result for the substrate under the project conditions. D. Remove or repair existing coatings that exhibit surface defects. E. Seal surfaces that might cause bleed through or staining of topcoat. F. Exterior Wood Surfaces to Receive Opaque Finish: Remove dust, grit, and foreign matter. Seal knots, pitch streaks, and sappy sections. Fill nail holes with tinted exterior caulking compound after prime coat has been applied. Back prime concealed surfaces before installation. 3.03 APPLICATION A. Apply paints according to manufacturer's written instructions. 1. Use applicators and techniques suited for paint and substrate indicated. 2. If spray equipment is utilized, a spray/backroll application is considered one coat of paint. B. Apply paints to produce surface films without cloudiness, spotting, holidays, laps, brush marks, roller tracking, runs, sags, ropiness, or other surface imperfections. Cut in sharp lines and color breaks. C. Exterior Wood to Receive Opaque Finish: If final painting must be delayed more than 2 weeks after installation of woodwork, apply primer within 2 weeks and final coating within 4 weeks. 1. Refinish surfaces to match adjacent finishes. 2. Match color, texture, and appearance. Verify and match sheen of existing. 3. Repair patched surfaces that are damaged, lifted, discolored, or showing other imperfections due to patching work. If defects are due to condition of substrate, repair substrate prior to repairing finish. a. At patched soffits, blend new paint as required to remove indication of patch. 4. Prime and paint fascias prior to installation of gutters. Touch up subsequent damage caused by gutter installation. D. Apply products in accordance with manufacturer's instructions. E. Do not apply finishes to surfaces that are not dry.Allow applied coats to dry before next coat is applied. F. Apply each coat to uniform appearance. G. Regardless of number of coats specified, apply as many coats as necessary for complete hide. H. Sand wood surfaces lightly between coats to achieve required finish. I. Vacuum clean surfaces of loose particles. Use tack cloth to remove dust and particles just prior to applying next coat. • Project No.12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 09 90 00-4 Printed 4/2/2013 SECTION 09 90 00 • PAINTING AND COATING 3.04 FIELD QUALITY CONTROL A. Painted surfaces shall be considered to lack uniformity and soundness if any of the following defects are apparent to Architect. 1. Brush/roller marks, streaks, laps, runs, sags,drips, heavy stippling, hiding or shadowing by inefficient application methods, skipped or missed areas, or foreign materials in paint coatings. 2. Evidence of poor coverage at rivet heads, plate edges, lap joints, crevices, pockets, corners, reentrant angles or similar conditions. 3. Damage due to touching before paint is sufficiently dry or any other contributory cause. 4. Damage due to application on moist surfaces or caused by inadequate protection from the weather. 5. Damage and/or contamination of paint due to blown contaminants(dust, spray paint, etc.). B. Painted surfaces shall be considered unacceptable if any of the following are evident under natural lighting source for exterior surfaces: 1. Visible defects are evident on vertical or horizontal surfaces when viewed at normal viewing angles from a distance of not less than 39 inches. 2. Visible defects are evident on soffits and other overhead surfaces when viewed at normal viewing angles. 3. When the final coat on any surface exhibits a lack of uniformity of color, sheen texture and hiding across full surface area. 4. Dry mil thicknesses do not meet manufacturer's recommended thickness or specified thickness. C. Owner may provide field inspection and testing. 1. Painted surfaces will be tested for dry mil thickness for each coat. 2. Shop primers and painted surfaces will be tested for adhesion. 3. Surfaces will be tested at frequency discussed in the preinstallation conference and as deemed appropriate by Owner. 3.05 CLEANING . A. Collect waste material that could constitute a fire hazard, place in closed metal containers, and remove daily from site. B. After completing paint application, clean spattered surfaces. Remove spattered paints by washing, scraping,or other methods. Do not scratch or damage adjacent finished surfaces. C. Protect work of other trades against damage from paint application. Correct damage to work of other trades by cleaning, repairing, replacing, and refinishing, as approved by Architect, and leave in an undamaged condition. D. At completion of construction activities of other trades, touch up and restore damaged or defaced painted surfaces. - 3.06 PROTECTION A. Protect finished coatings until completion of project. 3.07 SCHEDULE -EXTERIOR PAINT SYSTEMS A. Wood Trim -Semigloss,Acrylic-Enamel Finish. 1. Wood fascias. • 2. Patched soffits. END OF SECTION Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 09 90 00-5 Pnnted 4/2/2013 SECTION 09 96 53 ELASTOMERIC COATINGS SECTION 09 96 53 ELASTOMERIC COATINGS PART 1 -GENERAL 1.01 SECTION INCLUDES A. Surface preparation and application of elastomeric coatings to exterior concrete surfaces. 1.02 RELATED REQUIREMENTS A. Section 09 90 00-Painting and Coating: Paint systems. 1.03 REFERENCE STANDARDS A. ASTM D522 -Standard Test Methods for Mandrel Bend Test of Attached Organic Coatings. B. ASTM D1653 -Standard Test Methods for Water Vapor Transmission of Organic Coating Films. C. ASTM D2370 -Standard Test Method for Tensile Properties of Organic Coatings. D. ASTM G155 -Standard Practice for Operating Xenon Arc Light Apparatus for Exposure of Nonmetallic Materials. 1.04 PERFORMANCE REQUIREMENTS A. Provide elastomeric coating systems with the following properties as determined by test methods indicated: 1. Elongation: Not less than 100 percent with a tensile strength of 200 psi and not less than 88 percent recovery after 1 hour and 90 percent recovery after 24 hours when tested according to ASTM D2370 using parameters established by MPI 113. 2. Accelerated Weathering: No cracking, peeling, blistering,chalking, or visual deterioration after 1000 hours when tested according to procedures in ASTM G155. 3. Low-Temperature Flexibility: No crack formation when tested according to ASTM D522. 4. Moisture-Vapor Transmission: Not less than 5.0 perms according to ASTM D1653. 5. Wind-Driven Rain Resistance: No water penetration according to procedures in FS TT-C- 555. 6. Minimum Solids Content by Volume: Not less than 45 percent. 1.05 SUBMITTALS A. Product Data: For each elastomeric coating system specified. Include crack fillers, and primers. • 1. Material List:An inclusive list of required coating materials. Indicate each material and cross-reference the specific coating, finish system, and application. Identify each material by manufacturer's catalog number and general classification. 2. Manufacturer's Information: Technical information including label analysis and instructions for handling, storing, and applying each coating material. 3. Certification by elastomeric coating manufacturer that products supplied comply with local VOC regulations. B. Samples for Verification: For each color and material to be applied, with texture to simulate actual conditions, provide 8-inch by 10-inch color drawdowns representing color, texture and sheen. C. Product Test Reports: Based on evaluation of comprehensive tests by a qualified testing agency for each elastomeric coating material indicating compliance of elastomeric coatings with requirements based on comprehensive testing within the last five years of current product formulations. 1.06 QUALITY ASSURANCE A. Applicator Qualifications: A firm or individual experienced in applying elastomeric coating systems similar in material and extent to those indicated for this Project, whose work has resulted in applications with a record of successful in-service performance. Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 09 96 53-1 Printed 4/2/2013 SECTION 09 96 53 ELASTOMERIC COATINGS B. Source Limitations: Obtain crack fillers, primers and other undercoat materials from same manufacturer as finish coats. 1.07 DELIVERY, STORAGE, AND HANDLING A. Deliver materials to Project site in manufacturer's original, unopened packages and containers bearing manufacturer's name and label, and the following information: 1. Product name or title of material. 2. Manufacturer's stock number and date of manufacture. 3. Contents by volume,for pigment and vehicle constituents. 4. Thinning instructions(if permitted). 5. Application instructions. 6. Color name and number. 7. Handling instructions and precautions. 8. VOC content. B. Store materials not in use in tightly covered containers in a well-ventilated area at a minimum ambient temperature of 45 deg F. Maintain storage containers in a clean condition,free of foreign materials and residue. 1. Protect elastomeric coating materials from freezing. Keep storage area neat and orderly. Remove oily rags and waste daily. 1.08 PROJECT CONDITIONS A. Apply coatings only when temperature of surfaces to be coated and surrounding air temperatures are between 50 and 90 deg F, unless otherwise permitted by manufacturer's written instructions. B. Do not apply coatings in snow, rain, fog, or mist;when relative humidity exceeds 85 percent; or at temperatures less than 5 deg F above the dew point; or to damp or wet surfaces. 1. Allow wet surfaces to dry thoroughly and attain temperature and conditions specified before starting or continuing coating operation. 1.09 WARRANTY A. Elastomeric Coating Warranty: Manufacturer's standard form in which manufacturer agrees to repair or replace elastomeric coatings that fail within specified warranty period. Failures include, but are not limited to, water penetration through the coating. B. Warranty Period for Elastomeric Coatings: Five year(s)from date of Substantial Completion. 1.10 EXTRA MATERIALS A. Furnish extra elastomeric coating materials from same production run as materials applied and in quantities described below. Package materials in unopened,factory-sealed containers for storage and identify with labels describing contents. Deliver extra materials to Owner. 1. Quantity: Furnish Owner with 1 gal. of each color of elastomeric coating materials applied. PART 2- PRODUCTS 2.01 MANUFACTURERS A. Products: Provide one of the products indicated in the Coating Schedule in Part 3. B. Manufacturers'Names:Shortened versions(shown in parentheses)of the following manufacturers' names are used in the Coating Schedule in Part 3: 1. Glidden Professional (GP)(formally ICI Dulux Paints). 2. Miller Paint(Miller). 3. Benjamin Moore&Co. (Moore). 4. Kelly-Moore Paint Company(Kelly). 5. Parker Paint(Parker). 6. PPG Industries, Inc.; Pittsburgh Paints (PPG). 7. Rodda Paint(Rodda). 8. Sherwin-Williams(S-W). 9. BASF Building Systems(Sonneborn). Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 09 96 53-2 Punted 4/2/2013 SECTION 09 96 53 ELASTOMERIC COATINGS 2.02 ELASTOMERIC COATING MATERIALS, GENERAL A. Material Compatibility: Provide crack fillers, primers, elastomeric finish-coat materials, and related materials that are compatible with one another and substrates indicated under conditions of service and application, as demonstrated by manufacturer based on testing and field experience. B. Material Quality: Provide manufacturer's best-quality elastomeric coating materials that are factory formulated, comply with requirements in FS TT-C-555, and are recommended by manufacturer for the application indicated. Material containers not displaying manufacturer's product identification are not acceptable. C. Colors and Textures: To match existing. 2.03 CRACK FILLERS A. Crack Fillers: Factory-formulated acrylic emulsion crack fillers compatible with substrate and finish-coat materials indicated, and that are recommended by the coating system manufacturer. PART 3- EXECUTION 3.01 EXAMINATION A. Examine substrates and conditions, with Applicator present,for compliance with requirements for coating application. Comply with procedures specified in PDCA P4 and this specification. 1. Correct conditions detrimental to proper and timely completion of the Work as outlined in "Preparation"Article. Notify the Architect in writing of anticipated problems using coatings specified. 2. Proceed with coating application only after unsatisfactory conditions have been corrected and surfaces are thoroughly dry. 3. Start of coating application will be construed as Applicator's acceptance of surface conditions. 3.02 PREPARATION A. General: Cover and protect adjacent finished surfaces. Remove hardware and hardware accessories, plates, machined surfaces, light fixtures, and similar items already installed that are not to be coated. If removal is impractical or impossible because of size or weight of item, provide surface-applied protection before surface preparation and coating. 1. After completing coating operations, reinstall items removed, using workers skilled in trades involved. B. Cleaning: Before applying coatings or other surface treatments, clean substrates of substances that could impair bond of coating systems according to manufacturer's written instructions for the particular substrate conditions and as specified. All surfaces to be coated shall be free of grease, efflorescence, mildew, excessive chalk, laitance, oil, release agents, other foreign materials or deteriorated coatings. 1. Schedule cleaning and coating application so dust and other contaminants from cleaning process will not fall on wet, newly coated surfaces. C. Completely pressure wash existing surfaces with high pressure, high temperature water cleaning method. Provide 2000 psi water pressure at the nozzle using a 27 degree to 45 degree fan tip. Exercise care and precautions to execute work without causing any damage to adjacent areas. Incorporate cleaning solutions as required to achieve satisfactory results. Remove all surface contamination and organic growth. D. Surface Preparation: Clean and prepare surfaces to be coated according to manufacturer's written instructions for particular substrate conditions and as specified. After application of primer, review areas for cracks not apparent prior to application. 1. Cementitious Surfaces: Prepare concrete surfaces to receive elastomeric coatings. Remove efflorescence, chalk, dust, dirt, release agents, grease, oils, and similar impediments to good adhesion by water blasting followed by a clear water rinse. a. Remove mildew and neutralize surfaces according to manufacturer's written instructions before patching materials are applied. Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 09 96 53-3 Pnnted 4/2/2013 SECTION 09 96 53 ELASTOMERIC COATINGS b. Roughen as required to remove glaze. Use abrasive blast-cleaning methods if recommended by coating manufacturer. c. If hardeners or sealers have been used to improve concrete curing, use mechanical methods for surface preparation. d. Determine alkalinity and moisture content of surfaces to be coated by performing appropriate tests. If surfaces are sufficiently alkaline to cause finish paint to blister and burn, correct this condition before application. Do not apply coatings over surfaces where moisture content exceeds that permitted in manufacturer's written instructions. 2. Crack Repair: Fill cracks according to manufacturer's written instructions before coating surfaces. 3. Deep Hairline Cracks: Remove dust and dirt from around cracks. Remove mildew by sterilizing before filling. Apply manufacturer's recommended primer to cracks before patching. If shrinkage occurs after applying crack filler, apply additional filler material to cracks before initial application of elastomeric coatings. a. Cracks up to 1/16 Inch: Clean surface around cracks.Apply crack filler primer penetrating cracks as deeply as possible, overflowing crack 2 inches on each side. When crack filler primer is dry, apply manufacturer's recommended sealant,forced well into cracks using a brush, putty knife, or trowel. Feather out to 0-inch thick and out 2-inches on either side of the crack as required for appearance.Allow for sealant shrinkage when applying. b. Cracks up to 3/8 Inch: Open cracks to 1/4 to 3/8 inch wide and 1/4 inch deep. Clean cracks and surrounding area removing dust, dirt, and other impurities.Apply crack filler primer recommended by manufacturer with a brush to obtain uniform coverage and spread approximately 2 inches on each side of cracks. Fill cracks with manufacturer's recommended crack filler applied with a putty knife or trowel, and allow for shrinkage or with elastomeric sealant with bond breaker. Feather out as indicated for smaller cracks. If excessive shrinkage occurs, reapply crack filler. c. Notify the Architect when structural cracks are encountered for direction on how to proceed. d. To repair cracks resulting from structural movement or damage, remove previously applied sealant material and reseal with acrylic elastomeric sealant,followed by approved knife grade sealant to bridge cracks, unless otherwise recommended by the manufacturer. E. Material Preparation: Mix and prepare materials according to coating manufacturer's written instructions. 1. Maintain containers used in mixing and applying elastomeric coatings in a clean condition, free of foreign materials and residue. 2. Stir materials before application to produce a mixture of uniform density. Stir as required during application. If surface film forms, do not stir film into material. If necessary, remove film and strain coating material before using. 3. If manufacturer permits thinning, use only thinners recommended by manufacturer, and only within recommended limits. 3.03 APPLICATION A. General:Apply elastomeric coatings according to manufacturer's written instructions. Use applicators and techniques best suited for substrate and type of material being applied. 1. Do not paint over conditions detrimental to formation of a durable coating film, such as dirt, rust, scale, grease, moisture, and scuffed surfaces. 2. Provide finish coats compatible with primers used. B. Labels: Do not paint over UL, FMG, or other code-required labels or equipment name, identification, performance rating, or nomenclature plates. ProlectNo 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 09 96 53-4 Pnnted 4/2/2013 SECTION 09 96 53 ELASTOMERIC COATINGS C. Scheduling Coating:Apply first coat to surfaces that have been cleaned, pretreated, or otherwise prepared for painting as soon as practicable after preparation and before subsequent surface deterioration. 1. Number of coats and film thickness required are same regardless of application method. Do not apply succeeding coats until previous coat has cured as recommended by manufacturer. Provide additional coats as required until minimum dry film thickness has been achieved. 2. If undercoats or other conditions show through final coat, apply additional coats until coating film is of uniform finish, color, and appearance. Ensure that surfaces, including edges, corners, crevices, welds, and exposed fasteners, receive a dry film thickness equivalent to that of flat surfaces. 3. Allow sufficient time between successive coats to permit proper drying. Do not recoat surfaces until coating has dried to where it feels firm, does not deform or feel sticky under moderate thumb pressure, and where application of another coat does not cause undercoat to lift or lose adhesion. D. Application Procedures:Apply elastomeric coatings by brush, roller, or spray according to manufacturer's written instructions. 1. Brushes:•Use brushes best suited for material being applied. 2. Rollers: Use professional-quality quick-release rollers of carpet, velvet back, or high-pile sheep's wool covers with a 1-to 1-1/4-inch nap as recommended by manufacturer for material and texture required. 3. Spray Equipment: Use airless spray equipment with orifice size as recommended by manufacturer for material and texture required.A spray/backroll application is considered one coat. E. Minimum Coating Thickness:Apply each material no thinner than manufacturer's recommended spreading rate to achieve dry film thickness indicated. Provide total dry film thickness as recommended by manufacturer, using as many coats as required to achieve the minimum dry film thickness. 1. Wherever spray application is used, apply each coat to provide equivalent hiding of brush- applied coats. Do not double back with spray equipment, building up film thickness of two coats in one pass. F. Prime Coats: If recommended by manufacturer, apply a primer to material being coated before applying finish coats. 1. Use brush and backrolling procedure during first coat of application.Work material well into all pitted areas. Do not overroll or extend the application of each roller application. Dress down lightly to be certain of a uniform coating with no heavy build-up at the end of the roller trail. G. Brush Application:Brush out and work brush coats into surfaces in an even film. Eliminate cloudiness, spotting, holidays, laps, brush marks, runs, sags, ropiness, or other surface imperfections. Neatly draw glass lines and color breaks. H. Roller Application: Keep cover wet at.all times; do not dry roll.Work in sections. Lay on required • amount of material, working material into grooves and rough areas; then level material, working it into surface. I. Spray Application: Use spray equipment for application only when permitted by manufacturer's written instructions and authorities having jurisdiction. J. Completed Work: Match approved samples for color, texture, and coverage. Remove, refinish, or recoat work not complying with specified requirements. Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School-Cafetorium Re-Roof 09 96 53-5 Printed 4/2/2013 SECTION 09 96 53 ELASTOMERIC COATINGS 3.04 INSPECTION A. Manufacturer's technical representative shall check coating system for compliance to dry film thickness,film continuity, adhesion, and moisture content of substrate and report discrepancies to the Architect. Applicator's paint distributor or supplier sales representative is not considered a technical representative. 1. If results show materials do not comply with requirements, the Contractor may be directed to stop work, remove noncomplying materials, pay for testing, recoat surfaces coated with rejected materials, or remove rejected materials from previously coated surfaces if, on recoating with specified materials, the 2 coatings are not compatible. B. Applicator shall be instructed in the use of, and possess a wet mil gauge to insure that proper mil thickness for the specified coating material is being obtained and maintained. 3.05 FIELD QUALITY CONTROL A. Owner reserves the right to invoke the following test procedure at any time and as often as Owner deems necessary during coating operations: 1. Owner will engage a qualified independent testing agency to sample coating material being used. Samples of material delivered to Project will be taken, identified, sealed, and certified in presence of Contractor. 2. Testing agency will perform appropriate tests for the following characteristics as required by Owner: a. Elongation. b. Accelerated weathering. c. Low-temperature flexibility. d. Moisture-vapor transmission. e. Wind-driven rain resistance. f. Minimum solids content by volume. 3. Owner may direct Contractor to stop coating application if test results show materials being used do not comply with requirements. Contractor shall remove noncomplying materials from Project site, pay for testing, and recoat surfaces coated with rejected materials. If necessary, Contractor may be required to remove rejected materials from previously coated surfaces if, on recoating with specified materials, the two coatings are not compatible. 3.06 CLEANING A. Cleanup:At end of each workday, remove rubbish,empty cans, rags, and other discarded materials from Project site. 1. After completing coating work, clean glass and spattered surfaces. Remove spattered coatings by washing, scraping, or other methods, being careful not to scratch or damage adjacent finished surfaces. 3.07 PROTECTION A. Protect work of other trades from damage whether being coated or not. Correct damage by cleaning, repairing, replacing, and recoating as approved by Architect. Leave in an undamaged condition. B. Provide'Wet Paint"signs to protect newly coated finishes. Remove temporary protective wrappings provided by others to protect their work after completing coating operations. 1. After construction activities of other trades are complete, touch up and restore damaged or defaced coated surfaces. Comply with procedures specified in PDCA P1. Project No 12051 Tigard-Tualatin School District April 2013 Twality Middle School -Cafetorium Re-Roof 09 96 53-6 Printed 4/2/2013 SECTION 09 96 53 ELASTOMERIC COATINGS 3.08 COATING SCHEDULE A. Concrete: Provide the following elastomeric coating systems over exterior concrete surfaces: 1. Smooth Elastomeric Finish: One or 2 finish coats, as recommended by manufacturer, over primer, with additional coats as required to achieve the required dry film thickness. a. Primer: Manufacturer's recommended factory-formulated primer applied at spreading rate recommended by manufacturer to achieve a total dry film thickness as required to provide the specified warranty. 1) GP: 6001.Hydrosealer Exterior Primer. 2) Kelly: 247 Acry-Shield 100%Acrylic Masonry Primer. 3) Miller: 6040 Kril Primer. 4) Moore: Moore's Acrylic Masonry Sealer#066. 5) Parker: 9145 Epo Tilt Alkali Resistant Primer 6) PPG: Perma-Crete Alkali-Resistant Primer 4-603 7) Rodda: Surfbond II Surface Conditioner 501801X. 8) Sonneborn: Chalky Surface Primer VOC if required by manufacturer. 9) S-W: Loxon Masonry Primer A24. b. First Coat: Smooth,factory-formulated, 100 percent acrylic elastomeric coating applied at spreading rate recommended by manufacturer to achieve a total dry film thickness as required to provide the specified warranty. 1) GP: 2260 Decra-Flex Elastomeric Coating. 2) Kelly: 1128 Kel-Seal Terpolymer 100%Acrylic Elastomeric Coating. 3) Miller:. Milastic Elastomeric Coating#8800 Milastic. 4) Moore: Moorlastic Elastomeric Waterproof Coating#056. 5) Parker: 9905 100%Acrylic Elastomeric. 6) PPG: Perma-Crete Pitt-Flex Elastomeric Coating Smooth 4-110. • 7) Rodda: Super Roflex Elastomeric Coating 501301. 8) Sonneborn: Flexcoat Waterproof Elastomeric Coating. • 9) S-W: SherLastic A5-100. c. Second Coat: Smooth,factory-formulated, 100 percent acrylic elastomeric coating applied at spreading rate recommended by manufacturer to achieve a total dry film thickness as required to provide the specified warranty. 1) GP: 2260 Decra-Flex Elastomeric Coating. 2) Kelly: 1128 Kel-Seal Terpolymer 100%Acrylic Elastomeric Coating. 3) Miller: Milastic Elastomeric Coating#8800 Milastic. 4) Moore: Moorlastic Elastomeric Waterproof Coating#056. 5) Parker: 9905 100%Acrylic Elastomeric. 6) PPG: . Perma-Crete Pitt-Flex Elastomeric Coating Smooth 4-110. 7) Rodda: Super Roflex Elastomeric Coating 511301. 8) Sonnneborn: Flexcoat Waterproof Elastomeric Coating. 9) S-W: SherLastic A5-100. END OF SECTION • Project No 12051 Tigard-Tualatin School District April 2013 .. Twality Middle School-Cafetorium Re-Roof 09 96 53-7 Pnnted 4/22013 • SECTION 11 13 13 LOADING DOCK BUMPERS SECTION 11 1313 LOADING DOCK BUMPERS • PART 1 GENERAL 1.01 SECTION INCLUDES • A. Dock bumpers of reinforced rubber with attachment frame. 1.02 SUBMITTALS A. See Section 01 30 00-Administrative Requirements,for submittal procedures. B. Product Data: Indicate unit dimensions, method of anchorage, and details of construction. C. Manufacturer's Installation Instructions: Indicate special installation requirements. PART 2 PRODUCTS 2.01 MANUFACTURERS • A. Dock Bumpers: 1. Loading Dock Supply; Product Model B1210-14, Extra Thick Dock Bumper: www.loadingdocksupply.com. 2. Substitutions: See Section 01 60 00-Product Requirements. 2.02 COMPONENTS A. Bumpers: Fabric reinforced rubber pads, ozone resistant, laminated and compressed in position with four galvanized steel rods with threaded ends,washers and nuts; between black powder coated galvanized steel angle end plates: 1. Projection From Wall: 12 inches. 2. Vertical Height: 10 inches. 3. Length: 10 inches. B. Attachment Hardware: 3/4 inch diameter galvanized anchor bolts. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that anchor placement is acceptable with Architect. 3.02 INSTALLATION A. Install dock bumpers in accordance with manufacturer's instructions. B. Set plumb and level. C. Secure angle end frames to existing concrete. END OF SECTION • Project No.12051 Tigard-Tualatin School District • April 2013 Twality Middle School -Cafetorium Re-Roof 11 13 13- 1 Pnnted 4/2/2013