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Report I PROJECT MANUAL .._ _,,_,_,......„...„,..,.._:„ ,..., -,...,„„, ,----,* oto . :____. .1. ,,,, i ., Ai S ' ,,,,-, ,,,. ,..:_„,_ STORE NO . , I . - - - - -- - - -- - ---- (Bakery Alcove -TIGARD, O ®, J' z I I RECEIVED AUG 3 2015 CITY OF TIGARD BUILDING DIVISION PROJECT MANUAL for WINCO STORE NO . 23 (Bakery Alcove) 7501 DARTMOUTH STREET TIGARD, OREGON WINCO FOODS , LLC P. O . Box 5756 BOISE, IDAHO 83705- 5756 DATE: July 27 , 2015 WINCO STORE N0.23 (Bakery Alcove) PROJECT INFORMATION PAGE 000120- 1 WINCO FOODS, LLC 03/13 SECTION 000200-CONSULTANT DIRECTORY BUILDING ARCHITECT: Name: Bruce W. Petersen,NCARB Address: 5200 W. State Street, Boise, Idaho 83703 Phone: 208-348-1462 Fax: 208-345-1532 Contact/E-mail: Chad Pollock/chad_p @psarch.com ELECTRICAL ENGINEER: Name: DC Engineering Address: 440 E. Corporate Drive,Meridian,Idaho 83642 Phone: 208-288-2181 Fax: 208-288-2182 Contact/E-mail: Roger Dean/rdean @dcengineering.net REFRIGERATION SYSTEM DESIGN: Name: DC Engineering Address: 440 E. Corporate Drive,Meridian, Idaho 83642 Phone: 208-288-2181 Fax: 208-288-2182 Contact/E-mail: Roger Dean/rdean @dcengineering.net END OF SECTION 000200 WINCO STORE NO. 23 (Bakery Alcove) CONSULTANT DIRECTORY 000200- 1 WINCO FOODS, LLC 03/14 SECTION 000400—TABLE OF CONTENTS DIVISION 00—BIDDING AND CONTRACT REQUIREMENTS 000120 PROJECT INFORMATION PAGE 000200 CONSULTANT DIRECTORY 000400 TABLE OF CONTENTS 000600 SCHEDULE OF DRAWINGS 001000 INVITATION TO BIDDERS 001000 INVITATION FOR NEGOTIATED BID AIA A701 INSTRUCTIONS TO BIDDERS SI SUPPLEMENTARY INSTRUCTIONS TO AIA DOCUMENT A701, INSTRUCTIONS TO BIDDERS AIA A310 BID BOND AIA G705 LIST OF SUBCONTRACTORS AIA A101 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR AIA A312 PAYMENT BOND AIA A312 PERFORMANCE BOND AIA G707 CONSENT OF SURETY TO FINAL PAYMENT AIA G702 APPLICATION AND CERTIFICATE FOR PAYMENT AIA G703 CONTINUATION SHEET AIA G706 CONTRACTORS AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS AIA G706A CONTRACTORS AFFIDAVIT OF RELEASE OF LIENS AIA A201 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION SC SUPPLEMENTARY CONDITIONS TO THE AIA DOCUMENT A201, CONTRACT FOR CONSTRUCTION AIA G701 CHANGE ORDER AIA G709 PROPOSAL REQUEST AIA G710 ARCHITECTS SUPPLEMENTAL INSTRUCTION AIA G712 SHOP DRAWING AND SAMPLE RECORD AIA G714 CONSTRUCTION CHANGE DIRECTIVE AIA G704 SUBSTANTIAL COMPLETION 003000 BID FORM DIVISION 01 - GENERAL REQUIREMENTS 011000 SUMMARY FORM 011000A DISPOSED EQUIPMENT LIST 012300 ALTERNATES 012600 CONTRACT MODIFICATION PROCEDURES 012900 PAYMENT PROCEDURES 013300 SUBMITTAL PROCEDURES 014000 QUALITY REQUIREMENTS 015000 TEMPORARY FACILITIES AND CONTROLS 017300 EXECUTION 017329 CUTTING AND PATCHING 017700 CLOSEOUT PROCEDURES 017823 OPERATION AND MAINTENANCE DATA 017839 PROJECT RECORD DOCUMENTS WINCO STORE NO. 23 (Bakery Alcove) TABLE OF CONTENTS 000400-1 WINCO FOODS, LLC 03/14 019115 REFRIGERANT COMPLIANCE PLAN 019115A NON-DISCLOSURE AGREEMENT 019115B CONTRACTOR ACKNOWLEDGEMENT FORM 019115C CONTRACTOR REFRIGERANT COMPLIANCE AGREEMENT 019115D INSURANCE REQUIREMENTS 019115E EQUIPMENT INVENTORY FORM 019115F REFRIGERANT TRACKING FORM 019115G LEAK INSPECTION REVIEW FORM 019115H WINCO COMPANY PERSONNEL POLICIES DIVISION 02-EXISTING CONDITIONS 024119 SELECTIVE STRUCTURE DEMOLITION DIVISION 03—CONCRETE(NOT USED) DIVISION 04—MASONRY(NOT USED) DIVISION 05—METALS(NOT USED) DIVISION 06- WOOD,PLASTICS,AND COMPOSITES(NOT USED) DIVISION 07- THERMAL AND MOISTURE PROTECTION 079200 JOINT SEALANTS DIVISION 08—OPENINGS(NOT USED) DIVISION 09-FINISHES 192900 GYPSUM BOARD 096513 RESILIENT BASE AND ACCESSORIES 099125 INTERIOR REPAINTING J DIVISION 10—SPECIALTIES(NOT USED) DIVISION 11 -EQUIPMENT(NOT USED) 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 236395 REFRIGERATION INSTALLATION 236395A REFRIGERATION INSTALLATION APPENDIX A INSTALLATION CONTRACTORS 236993 SEQUENCE OF OPERATIONS FOR REFRIGERATION CONTROLS J WINCO STORE NO. 23 (Bakery Alcove) TABLE OF CONTENTS 000400-2 ._J WINCO FOODS, LLC 03/14 DIVISION 26—ELECTRICAL 260500 COMMON WORK RESULTS FOR ELECTRICAL DIVISION 27—COMMUNICATIONS(NOT USED) DIVISION 28-ELECTRONIC SAFETY AND SECURITY(NOT USED) DIVISION 31 -EARTHWORK(NOT USED) I DIVISION 32-EXTERIOR IMPROVEMENTS(NOT USED) DIVISION 33— UTILITIES(NOT USED) END OF SECTION 000400 WINCO STORE NO. 23 (Bakery Alcove) TABLE OF CONTENTS 000400-3 WINCO FOODS,LLC 04/14 SECTION 000600 - SCHEDULE OF DRAWINGS SHEET NUMBER SHEET TITLE Cl COVER SHEET/OVERALL FLOOR PLAN Al PARTIAL PLANS &DETAILS El PARTIAL POWER PLAN RI REFRIGERATION PLAN R2 SCHEDULES &DETAILS END OF SECTION 000600 WINCO STORE NO. 23 (Bakery Alcove) SCHEDULE OF DRAWINGS 000600 - 1 WINCO FOODS, LLC 03/13 SECTION 001000—INVITATION TO BIDDERS WinCo Foods, LLC invites a select list of General Contractors to bid on the general construction, to include all mechanical,electrical and fire sprinkler work, generally described as follows: All the work shown on the contract documents for the WinCo Store to include General Construction, Plumbing and HVAC, Electrical, Fire Sprinkler work and Finishes all in agreement with WinCo Foods, LLC General Conditions for Construction and the Drawings and Specifications. WinCo Foods, LLC will receive an executed faxed or e-mailed Bid Form from the selected General Contractors until 2:00 p.m. local prevailing time on Wednesday, August 5, 2015, sent to Andrew Beall, Facilities Project Manager. Fax No.: 208-377-0474; email: andrew.beall @wincofoods.com. Bid Forms not received by WinCo representative by the above time listed may not be accepted. Sealed original bid proposal to include Bid Security and List of Subcontractors shall follow to Andrew Beall, Facilities Project Manager, WinCo Foods LLC, 650 N. Armstrong Place, Boise, Idaho, 83704, Phone: 208-377-0110 via courier within 24 hours of the bid receipt date. WinCo personnel will privately open and review the bid proposal and notify each bidder of the result of the bid. All Requests for Information during bidding shall be submitted directly to the Architect. Any RFI submitted to the Owner, will not be answered. The Bidding documents are on file and may be reviewed at the office of the Architect. The General Contractors shall be furnished at no cost with I set in PDF format of the Drawings and Project Manual. Bid Security in the amount of 5 percent of the Base Bid shall be submitted with the bid proposal. The Bid Security shall be as described in AIA A701, Instructions to Bidders. END OF SECTION 001000 WINCO STORE NO. 23 (Bakery Alcove) INVITATION TO BIDDERS 001000- 1 Pri ® mown Document A7OITM - 1997 Instructions to Bidders for the following PROJECT: (Name and location or address) ADDITIONS AND DELETIONS: The author of this document has THE OWNER: added information needed for its (Name, legal status and address) completion The author may also have revised the text of the original AIA standard form.An Additions and Deletions Report that notes added information as well as revisions to THE ARCHITECT: the standard form text is available (Name, legal status and address) from the author and should be reviewed A vertical line in the left margin of this document indicates where the author has added necessary information and where TABLE OF ARTICLES the author has added to or deleted from the original AIA text 1 DEFINITIONS This document has important legal 2 BIDDER'S REPRESENTATIONS consequences.Consultation with an attorney is encouraged with respect 3 BIDDING DOCUMENTS to its completion or modification 4 BIDDING PROCEDURES 5 CONSIDERATION OF BIDS 6 POST-BID INFORMATION 7 PERFORMANCE BOND AND PAYMENT BOND 8 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR AIA Document A701 T"—1997.Copyright©1970,1974,1978,1987 and 1997 by The American 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 11 51 00 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1148155183) ARTICLE 1 DEFINITIONS § 1.1 Bidding Documents include the Bidding Requirements and the proposed Contract Documents.The Bidding Requirements consist of the Advertisement or Invitation to Bid,Instructions to Bidders, Supplementary Instructions ! to Bidders,the bid form,and other sample bidding and contract forms.The proposed Contract Documents consist of j the form of Agreement between the Owner and Contractor,Conditions of the Contract(General, Supplementary and other Conditions),Drawings, Specifications and all Addenda issued prior to execution of the Contract. ---, § 1.2 Definitions set forth in the General Conditions of the Contract for Construction,AIA Document A201,or in other Contract Documents are applicable to the Bidding Documents. § 1.3 Addenda are written or graphic instruments issued by the Architect prior to the execution of the Contract which modify or interpret the Bidding Documents by additions, deletions,clarifications or corrections. § 1.4 A Bid is a complete and properly executed proposal to do the Work for the sums stipulated therein, submitted in accordance with the Bidding Documents. § 1.5 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base,to which Work may be added or from which Work may be deleted for sums stated in Alternate Bids. § 1.6 An Alternate Bid(or Alternate)is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work,as described in the Bidding Documents, is accepted. § 1.7 A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials,equipment or services or a portion of the Work as described in the Bidding Documents. § 1.8 A Bidder is a person or entity who submits a Bid and who meets the requirements set forth in the Bidding Documents. § 1.9 A Sub-bidder is a person or entity who submits a bid to a Bidder for materials, equipment or labor for a portion of the Work. ARTICLE 2 BIDDER'S REPRESENTATIONS § 2.1 The Bidder by making a Bid represents that: § 2.1.1 The Bidder has read and understands the Bidding Documents or Contract Documents,to the extent that such documentation relates to the Work for which the Bid is submitted,and for other portions of the Project, if any, being bid concurrently or presently under construction. § 2.1.2 The Bid is made in compliance with the Bidding Documents. __ § 2.1.3 The Bidder has visited the site,become familiar with local conditions under which the Work is to be performed and has correlated the Bidder's personal observations with the requirements of the proposed Contract Documents. _.4 § 2.1.4 The Bid is based upon the materials,equipment and systems required by the Bidding Documents without exception. ARTICLE 3 BIDDING DOCUMENTS J4 § 3.1 COPIES § 3.1.1 Bidders may obtain complete sets of the Bidding Documents from the issuing office designated in the Advertisement or Invitation to Bid in the number and for the deposit sum, if any, stated therein.The deposit will be J refunded to Bidders who submit a bona fide Bid and return the Bidding Documents in good condition within ten days after receipt of Bids.The cost of replacement of missing or damaged documents will be deducted from the deposit. A Bidder receiving a Contract award may retain the Bidding Documents and the Bidder's deposit will be refunded. AIA Document A701' —1997.Copyright©1970,1974,1978,1987 and 1997 by The American 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 2 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 11 51 00 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1148155183) II § 3.1.2 Bidding Documents will not be issued directly to Sub-bidders unless specifically offered in the Advertisement or Invitation to Bid,or in supplementary instructions to bidders. ' § 3.1.3 Bidders shall use complete sets of Bidding Documents in preparing Bids;neither the Owner nor Architect assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. § 3.1.4 The Owner and Architect may make copies of the Bidding Documents available on the above terms for the purpose of obtaining Bids on the Work.No license or grant of use is conferred by issuance of copies of the Bidding Documents. § 3.2 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS § 3.2.1 The Bidder shall carefully study and compare the Bidding Documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid is submitted,shall examine the site and local conditions,and shall at once report to the Architect errors, inconsistencies or ambiguities discovered. § 3.2.2 Bidders and Sub-bidders requiring clarification or interpretation of the Bidding Documents shall make a written request which shall reach the Architect at least seven days prior to the date for receipt of Bids. § 3.2.3 Interpretations,corrections and changes of the Bidding Documents will be made by Addendum. Interpretations, corrections and changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon them. § 3.3 SUBSTITUTIONS § 3.3.1 The materials,products and equipment described in the Bidding Documents establish a standard of required function, dimension,appearance and quality to be met by any proposed substitution. § 3.3.2 No substitution will be considered prior to receipt of Bids unless written request for approval has been received by the Architect at least ten days prior to the date for receipt of Bids. Such requests shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution including drawings,performance and test data,and other information necessary for an evaluation.A statement setting forth changes in other materials, equipment or other portions of the Work, including changes in the work of other contracts that incorporation of the proposed substitution would require, shall be included.The burden of proof of the merit of the proposed substitution is upon the proposer.The Architect's decision of approval or disapproval of a proposed substitution shall be final. § 3.3.3 If the Architect approves a proposed substitution prior to receipt of Bids, such approval will be set forth in an Addendum. Bidders shall not rely upon approvals made in any other manner. § 3.3.4 No substitutions will be considered after the Contract award unless specifically provided for in the Contract Documents. § 3.4 ADDENDA § 3.4.1 Addenda will be transmitted to all who are known by the issuing office to have received a complete set of Bidding Documents. § 3.4.2 Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. § 3.4.3 Addenda will be issued no later than four days prior to the date for receipt of Bids except an Addendum _ withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids. § 3.4.4 Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued,and the Bidder shall acknowledge their receipt in the Bid. AIA Document A701 T"—1997.Copyright©1970,1974,1978,1987 and 1997 by The American Institute of Architects.All rights reserved.WARNING:This Ate Document is protected by U.S.Copyright Law and International Treaties,Unauthorized reproduction or distribution of this AIA"' Document,or 3 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 11 51 00 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1148155183) �1 i ARTICLE 4 BIDDING PROCEDURES § 4.1 PREPARATION OF BIDS § 4.1.1 Bids shall be submitted on the forms included with the Bidding Documents. § 4.1.2 All blanks on the bid form shall be legibly executed in a non-erasable medium. § 4.1.3 Sums shall be expressed in both words and figures.In case of discrepancy,the amount written in words shall govern. § 4.1.4 Interlineations,alterations and erasures must be initialed by the signer of the Bid. § 4.1.5 All requested Alternates shall be bid. if no change in the Base Bid is required,enter"No Change." § 4.1.6 Where two or more Bids for designated portions of the Work have been requested,the Bidder may,without forfeiture of the bid security, state the Bidder's refusal to accept award of less than the combination of Bids ! I stipulated by the Bidder.The Bidder shall make no additional stipulations on the bid form nor qualify the Bid in any j other manner. § 4.1.7 Each copy of the Bid shall state the legal name of the Bidder and the nature of legal form of the Bidder.The Bidder shall provide evidence of legal authority to perform within the jurisdiction of the Work.Each copy shall be signed by the person or persons legally authorized to bind the Bidder to a contract.A Bid by a corporation shall further give the state of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have a current power of attorney attached certifying the agent's authority to bind the Bidder. § 4.2 BID SECURITY § 4.2.1 Each Bid shall be accompanied by a bid security in the form and amount required if so stipulated in the Instructions to Bidders.The Bidder pledges to enter into a Contract with the Owner on the terms stated in the Bid and will, if required, furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds if required,the amount of the bid security shall be forfeited to the Owner as liquidated damages,not as a penalty. The amount of j the bid security shall not be forfeited to the Owner in the event the Owner fails to comply with Section 6.2. § 4.2.2 If a surety bond is required, it shall be written on AIA Document A310,Bid Bond,unless otherwise provided in the Bidding Documents,and the attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of the power of attorney. § 4.2.3 The Owner will have the right to retain the bid security of Bidders to whom an award is being considered until either(a)the Contract has been executed and bonds,if required,have been furnished,or(b)the specified time has elapsed so that Bids may be withdrawn or(c)all Bids have been rejected. § 4.3 SUBMISSION OF BIDS § 4.3.1 All copies of the Bid,the bid security,if any, and any other documents required to be submitted with the Bid shall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the party receiving the Bids and shall be identified with the Project name,the Bidder's name and address and, if applicable,the designated portion of the Work for which the Bid is submitted.If the Bid is sent by mail,the sealed envelope shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED"on the face thereof. § 4.3.2 Bids shall be deposited at the designated location prior to the time and date for receipt of Bids. Bids received after the time and date for receipt of Bids will be returned unopened. § 4.3.3 The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. § 4.3.4 Oral,telephonic,telegraphic,facsimile or other electronically transmitted bids will not be considered. § 4.4 MODIFICATION OR WITHDRAWAL OF BID § 4.4.1 A Bid may not be modified,withdrawn or canceled by the Bidder during the stipulated time period following -� the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting a Bid. AIA Document A701 TM—1997.Copyright©1970,1974,1978,1987 and 1997 by The American 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 AIA"'' Document,or 4 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 11 51 00 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1148155183) § 4.4.2 Prior to the time and date designated for receipt of Bids, a Bid submitted may be modified or withdrawn by notice to the party receiving Bids at the place designated for receipt of Bids. Such notice shall be in writing over the signature of the Bidder. Written confirmation over the signature of the Bidder shall be received, and date-and time-stamped by the receiving party on or before the date and time set for receipt of Bids. A change shall be so worded as not to reveal the amount of the original Bid. § 4.4.3 Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. • § 4.4.4 Bid security, if required, shall be in an amount sufficient for the Bid as resubmitted. ARTICLE 5 CONSIDERATION OF BIDS § 5.1 OPENING OF BIDS. At the discretion of the Owner, if stipulated in the Advertisement or Invitation to Bid,the properly identified Bids • received on time will be publicly opened and will be read aloud. An abstract of the Bids may be made available to Bidders. § 5.2 REJECTION OF BIDS The Owner shall have the right to reject any or all Bids.A Bid not accompanied by a required bid security or by other data required by the Bidding Documents, or a Bid which is in any way incomplete or irregular is subject to rejection. § 5.3 ACCEPTANCE OF BID (AWARD) § 5.3.1 It is the intent of the Owner to award a Contract to the lowest qualified Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available. The Owner shall have the right to waive informalities and irregularities in a Bid received and to accept the Bid which, in the Owner's judgment, is in the Owner's own best interests. § 5.3.2 The Owner shall have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents,and to determine the low Bidder on the basis of the sum of the Base Bid and Alternates accepted. ARTICLE 6 POST-BID INFORMATION § 6.1 CONTRACTOR'S QUALIFICATION STATEMENT Bidders to whom award of a Contract is under consideration shall submit to the Architect, upon request, a properly executed AIA Document A305,Contractor's Qualification Statement, unless such a Statement has been previously required and submitted as a prerequisite to the issuance of Bidding Documents. § 6.2 OWNER'S FINANCIAL CAPABILITY The Owner shall, at the request of the Bidder to whom award of a Contract is under consideration and no later than seven days prior to the expiration of the time for withdrawal of Bids, furnish to the Bidder reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. Unless such reasonable evidence is furnished,the Bidder will not be required to execute the Agreement between the Owner and Contractor. § 6.3 SUBMITTALS § 6.3.1 The Bidder shall, as soon as practicable or as stipulated in the Bidding Documents,after notification of selection for the award of a Contract,furnish to the Owner through the Architect in writing: .1 a designation of the Work to be performed with the Bidder's own forces; .2 names of the manufacturers,products,and the suppliers of principal items or systems of materials and equipment proposed for the Work; and .3 names of persons or entities(including those who are to furnish materials or equipment fabricated to a special design)proposed for the principal portions of the Work. § 6.3.2 The Bidder will be required to establish to the satisfaction of the Architect and Owner the reliability and responsibility of the persons or entities proposed to furnish and perform the Work described in the Bidding Documents. AIA Document A701"—1997.Copyright©1970,1974,1978,1987 and 1997 by The American Institute of Architects.All rights reserved.WARNING:This AlA' Document is protected by U.S Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or 5 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 11 51 00 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1148155183) i § 6.3.3 Prior to the execution of the Contract,the Architect will notify the Bidder in writing if either the Owner or Architect,after due investigation,has reasonable objection to a person or entity proposed by the Bidder. If the Owner or Architect has reasonable objection to a proposed person or entity,the Bidder may, at the Bidder's option, (1)withdraw the Bid or(2)submit an acceptable substitute person or entity with an adjustment in the Base Bid or I Alternate Bid to cover the difference in cost occasioned by such substitution.The Owner may accept the adjusted bid price or disqualify the Bidder.In the event of either withdrawal or disqualification,bid security will not be forfeited. § 6.3.4 Persons and entities proposed by the Bidder and to whom the Owner and Architect have made no reasonable objection must be used on the Work for which they were proposed and shall not be changed except with the written consent of the Owner and Architect. j ARTICLE 7 PERFORMANCE BOND AND PAYMENT BOND § 7.1 BOND REQUIREMENTS § 7.1.1 if stipulated in the Bidding Documents,the Bidder shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Bonds may be secured through the Bidder's usual sources. --1 § 7.1.2 If the furnishing of such bonds is stipulated in the Bidding Documents,the cost shall be included in the Bid. If the furnishing of such bonds is required after receipt of bids and before execution of the Contract,the cost of such bonds shall be added to the Bid in determining the Contract Sum. § 7.1.3 If the Owner requires that bonds be secured from other than the Bidder's usual sources, changes in cost will be adjusted as provided in the Contract Documents. § 7.2 TIME OF DELIVERY AND FORM OF BONDS § 7.2.1 The Bidder shall deliver the required bonds to the Owner not later than three days following the date of execution of the Contract.If the Work is to be commenced prior thereto in response to a letter of intent,the Bidder shall,prior to commencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished and delivered in accordance with this Section 7.2.1. § 7.2.2 Unless otherwise provided,the bonds shall be written on AIA Document A312, Performance Bond and Payment Bond.Both bonds shall be written in the amount of the Contract Sum. J § 7.2.3 The bonds shall be dated on or after the date of the Contract. § 7.2.4 The Bidder shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney. ARTICLE 8 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR Unless otherwise required in the Bidding Documents,the Agreement for the Work will be written on AIA Document A101, Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment Is a Stipulated Sum. 1 _J AIA Document A701 TM-1997.Copyright©1970,1974,1978,1987 and 1997 by The American 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 AIA'' Document,or 6 J 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 11 51 00 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1148155183) -J Additions and Deletions Report for A1A0 Document A701 TM— 1997 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 11.51:00 on 12/04/2014 There are no differences. . 1 1 rt Additions and Deletions Report for AIA Document A701"—1997.Copyright©1970,1974,1978,1987 and 1997 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties.and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11 51 00 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1148155183) Certification of Document's Authenticity AIA® Document D401 TM — 2003 I, Kristi Essman,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 11:51:00 on 12/04/2014 under Order No. 9950279060_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 A701TM—1997,Instructions to Bidders,as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. { (Signed) (Title) 7 (Dated) 1 1 } 1 AIA Document D401"—2003.Copyright©1992 and 2003 by The American Institute of Architects.All rights reserved.WARNING:This Alil` Document is protected by U,S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA" Document,or any portion of it, I 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 11 51 00 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1148155183) 1 WINCO FOODS, L.L.C. 03/13 SUPPLEMENTARY INSTRUCTIONS TO AIA DOCUMENT 701, 1997 EDITION, "INSTRUCTIONS TO BIDDERS" In Article 4, paragraph 4.1.1, submit copies of Bid Proposal as noted in the Invitation to Bid. Add to Article 4,the following: 4.1.8 Do not change the wording of the Bid Form, and do not add words to the wording of the Bid Form. Unauthorized conditions, limitations, or provisions attached to the proposal shall be cause for rejection of the proposal. 4.2.1.1 To be considered, proposals must be accompanied by an acceptable security, in an amount not less than five (5)percent of the total amount of the bid. The security may be in the form of a bond, a certified or cashier's check. 4.2.3.1 The bidders security will be returned promptly after the owner and the accepted bidder have executed a contract, or, if no award has been made within 30 days after the opening of the bids; upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. 4.2.4 A successful bidder who fails to sign the contract for the work or furnish the required bonds within 10 days after he has received notice of the acceptance of his bid, shall forfeit his security deposit. The owner may then award the contract to the next lowest bidder, in which event any excess of he lowest bidder's security over the difference between the lowest and next lowest bids will be returned to the lowest bidder or, if a bidder's bond is used, to the surety. If, upon a forfeiture by the lowest bidder, the owner does not award the contract to the next lowest bidder, the security will be applied toward the planning and bid invitation costs. 4.3.1.1 The mailing envelope containing the bid shall be addressed as follows: Mr. Andrew Beall Facilities Project Manager WinCo Foods, L.L.0 650 N. Armstrong Place Boise, Idaho 83704 Delete subparagraph 4.3.4 and substitute the following: 4.4.5 The bidder shall enclose two copies of A.I.A. Document G705 in an envelope which shall be sealed an marked clearly "List of Subcontractors" and with the bidder's name. This envelope shall be submitted with the original Bid Form and Bid Security within 24 hours after the time that the faxed or e-mailed Bid Form is due. No change shall be made in the List of Subcontractors before or after the award of contract unless agreed to in writing by WinCo Foods, L.L.C. Include where indicated, on the List of Subcontractors, the subcontractor's bonding company. It is the contractor's option to require a bond from the subcontractor. Prior to the award of the Contract, the Architect will notify the bidder in writing if either WinCo Foods, L.L.C. or the Architect, after due investigation has reasonable and substantial objection to any person or organization on the list. The bidder may, at his option, withdraw his bid without forfeiture of bid security. If the bidder submits an acceptable substitute with an increase in his bid price to cover the difference in cost occasioned by such substitution, WinCo Foods, L.L.C. may, at its discretion, accept the increased bid price, or it may disqualify the bidder. WINCO STORE NO. 23 (Bakery Alcove) SUPPLEMENTARY INSTRUCTIONS TO BIDDERS SI- 1 WINCO FOODS,L.L.C. 03/13 Delete Article 5.1 _.f Add the following new Article 5.1: 5.1 The faxed and/or emailed bids will not be opened and red aloud. The Owner will notify each bidder privately of the results of the bid. j Add to Article 5,the following: 5.2.2 Deviation from materials, equipment and systems required by the biddings Documents will disqualify the Bidder and result in rejection of the Bid. Add to Article 7,the following: 7.1.1.1 Performance Bond and Labor and Material Payment Bond are required for this project in the amount of 100%of the Contract Amount, and by a surety company authorized to do business in ) Oregon. Add to Article 8,the following: The Contractor shall secure and pay for, on behalf of the owner, all permits and associated fees from all Authority Having Jurisdiction for the construction of the project shown on the Construction Documents. The Contractor shall submit the permit prices with out any markup to the Owner and will be reimbursed -� within 24 hours. END OF SUPPLEMENTARY INSTRUCTIONS TO BIDDERS E i 1 WINCO STORE NO. 23 (Bakery Alcove) SUPPLEMENTARY INSTRUCTIONS TO BIDDERS SI- 2 J 41L&I4 Document A310" - 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) ADDITIONS AND DELETIONS: The author of this document has added information needed for its OWNER: completion.The author may also have revised the text of the original (Name, legal status and address) AIA standard form An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available BOND AMOUNT: $ from the author and should be reviewed.A vertical line in the left PROJECT: margin of this document indicates (Name, location or address, and Project number, if any) where the author has added necessary information and where the author has added to or deleted The Contractor and Surety are bound to the Owner in the amount set forth above, for the from the original AIA text. payment of which the Contractor and Surety bind themselves,their heirs, executors, This document has important legal administrators, successors and assigns,jointly and severally,as provided herein. The consequences Consultation with an conditions of this Bond are such that if the Owner accepts the bid of the Contractor attorney is encouraged with respect within the time specified in the bid documents,or within such time period as may be to its completion or modification agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or Any singular reference to bonds as may be specified in the bidding or Contract Documents,with a surety admitted Contractor,Surety,Owner or other in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful party shall be considered plural performance of such Contract and for the prompt payment of labor and material furnished where applicable in the prosecution thereof; or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,any provision in this Bond conflicting with said statutory or J legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. AIA Document A310T"—2010.Copyright©1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This AIA' Init. Document is protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or distribution of this AIA'' Document,or any portion of it.may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11 53 37 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1431524464) Signed and sealed this day of , (Contractor as Principal) (Seal) ,' (Witness) (Title) -� (Surety) (Seal) (Witness) . (Title) 1 • AIA Document A310T"—2010.Copyright©1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This AIA" Init. Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any 2 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 11 53 37 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1431524464) �, Additions and Deletions Report for AIA Document A310TM— 2010 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 11:53 37 on 12/04/2014 There are no differences. Additions and Deletions Report for AIA Document A310T"—2010.Copyright©1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or distribution 1 of this AIAs Document,or any portion of rt.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 11 53 37 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1431524464) Certification of Document's Authenticity AIA® Document D401 TM — 2003 _ I, Kristi Essman,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 11:53:37 on 12/04/2014 under Order No. 9950279060_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 A310TM—2010,Bid Bond,as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and 1 Deletions Report. ti (Signed) 1 (Title) (Dated) S 1 7 AIA Document D401"—2003.Copyright©1992 and 2003 by The American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this 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 11 53 37 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale. User Notes: (1431524464) 84J-ATADocument G705TM — 2001 List of Subcontractors PROJECT: (Name and address) DATE: TO ARCHITECT: (Name and address) ARCHITECT'S PROJECT NUMBER: FROM CONTRACTOR: (Name and address) CONTRACTOR'S PROJECT NUMBER: (List Subcontractors and others proposed to be employed on the above Project as required by the bidding documents.) Work/Firm Name Address/Phone Superintendent . l ALA Document G705T'—2001(formerly G805T"'—2001).Copyright©2001 by The American Institute of Architects.All rights reserved.WARNING:This Ale J 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 11 56 07 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1767075663) - �: ® TM �� •- Document A101 — 2007 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, legal status, address and other information) completion.The author may also have revised the text of the original AIA standard form An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be and the Contractor: reviewed.A vertical line in the left (Name, legal status, address and other information) margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences.Consultation with an for the following Project: attorney is encouraged with respect (Name, location and detailed description) to its completion or modification AIA Document A201 Tm-2007, General Conditions of the Contract for Construction,is adopted in this document by reference Do not use The Architect: with other general conditions unless (Name, legal status, address and other information) this document is modified. The Owner and Contractor agree as follows. 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 AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized .l 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 11 58 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1349936971) 1 3 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS MI 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS • 6 DISPUTE RESOLUTION ' 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS f 9 ENUMERATION OF CONTRACT DOCUMENTS J 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General, Supplementary and other Conditions), Drawings, Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement,all of which form the Contract,and j 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 j the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) If, prior to the commencement of the Work,the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: -, § 3.2 The Contract Time shall be measured from the date of commencement. -1 § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( )days from the _! date of commencement,or as follows: (Insert number of calendar days.Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) AIA Document A101 T"'—2007.Copyright CO 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 Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 2 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 11 58 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1349936971) 4 -,J Portion of Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any,for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be ($ ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) § 4.3 Unit prices, if any: (Ident f,and state the unit price;state quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit($0.00) § 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if ally,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 Provided that an Application for Payment is received by the Architect not later than the day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the day of the month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than ( )days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 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 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 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 by AIA software at 11 58 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1349936971) by such data to substantiate its accuracy as the Architect may require.This schedule,unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 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 percent( %). Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute , shall be included as provided in Section 7.3.9 of AIA Document A201 TM-2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of percent( %); .3 Subtract the aggregate of previous payments made by the Owner;and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. § 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 sum sufficient to increase the total payments to the , full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work,retainage applicable to such work and unsettled claims;and _t (Section 9.8.5 of AIA 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 through no fault of the Contractor,any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007. 1 § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: J (If it is intended,prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 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. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the J 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 AIA Document A201-2007,and to satisfy other requirements, if any,which extend beyond final payment;and J .2 a final Certificate for Payment has been issued by the Architect. § 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: AIA Document A101 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 Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 4 _) 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 11.58 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1349936971) ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007, unless the parties appoint below another individual,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, but 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 in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document 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 AIA Document A201-2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) § 8.3 The Owner's representative: (Name, address and other information) § 8.4 The Contractor's representative: (Name, address and other information) AIA Document MN"'—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 5 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 11 58 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1349936971) § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated in the sections below. _1 § 9.1.1 The Agreement is this executed AIA Document A101-2007,Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201-2007,General Conditions of the Contract for Construction. § 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.) Section Title Date Pages § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) } I Number Title Date § 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 .1 AIA Document E201TM-2007,Digital Data Protocol Exhibit,if completed by the parties,or the 3 following: AIA Document A101 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 6 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 AIA software at 11 58 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1349936971) • .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 to Bidders, 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. (State bonding requirements, if any, and limits of liability for insurance required 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. OWNER(Signature) CONTRACTOR(Signature) (Printed name and title) (Printed name and title) 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 AlAs Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 7 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 11 58 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1349936971) 1 Additions and Deletions Report for AIA Document A101TM— 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 11 58:02 on 12/04/2014. There are no dierences. • I I LI l 4i _J Additions and Deletions Report for AIA Document A101 rm—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 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 11 58 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1349936971) 1 Certification of Document's Authenticity AIA® Document D401 TM — 2003 I, Kristi Essman,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 11:58:02 on 12/04/2014 under Order No. 9950279060_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 D401 TM–2003.Copyright©1992 and 2003 by The American Institute of Architects.All rights reserved.WARNING:This AEA:" Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA" Document,or any portion of it, may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11 58 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale - , User Notes: (1349936971) P= Document A312TM - 2010 Payment Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion.The author may also OWNER: have revised the text of the original AIA standard form An Additions and } (Name, legal status and address) Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be CONSTRUCTION CONTRACT reviewed A vertical line in the left Date: margin of this document indicates Amount: $ where the author has added Description: necessary information and where (Name and location) the author has added to or deleted from the original AIA text. This document has important legal BOND consequences Consultation with an Date: attorney is encouraged with respect (Not earlier than Construction Contract Date) to its completion or modification Amount: $ Any singular reference to Modifications to this Bond: None See Section 18 Contractor,Surety,Owner or other party shall be considered plural CONTRACTOR AS PRINCIPAL SURETY where applicable Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Name and Title: Title: (Any additional signatures appear on the last page of this Payment Bond) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party.) AIA Document A312T"'—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by Init. U S.Copyright Law and 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 11 59 23 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1212502113) r § 1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators, successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants,and defends, indemnifies and holds _ harmless the Owner from claims,demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). t § 5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety (at the address described in Section 13). t § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall J promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and § 7.2 Pay or arrange for payment of any undisputed amounts. } § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's _J� fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. —1 § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. --� AIA Document A312TM—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AlA'"' Document is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in 2 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 11 59 23 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1212502113) - § 10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are vl unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. • § 11 The Surety hereby waives notice of any change, including changes of time,to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming,to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions • § 16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. § 16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment"that part of water, gas, power, light,heat,oil,gasoline,telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. § 16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. AIA Document A312T'"—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA$ Document,or any portion of it,may result in 3 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 11 59 23 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1212502113) § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this - Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: 1 ti _J (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: i l I 1 ti f 1 AIA Document A312T"—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA Document,or any portion of it,may result in 4 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 11 59 23 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1212502113) Additions and Deletions Report for A1A Document A312TM— 2010 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 11.59 23 on 12/04/2014 There are no differences. . • 4 Additions and Deletions Report for AIA Document A312T"—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING: This AlA` Document is protected by U.B.Copyright Law and International Treaties Unauthorized reproduction or distribution of this AlA j 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 11 59 23 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1212502113) ' 4 Certification of Document's Authenticity Al* Document D401 TM — 2003 1,Kristi Essman,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 11:59:23 on 12/04/2014 under Order No. 9950279060_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 A312TM—2010,Payment Bond, as published by the AIA in its software,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) ' . 1 (Title) J I (Dated) . J { -i` AIA Document D401 T" 2003.Copyright©1992 and 2003 by The American Institute of Architects.All rights reserved.WARNING:This AIA"" Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA' Document,or any portion of it, may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11 59 23 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1212502113) ", IIL&i4 TM Document A312 - 2010 Performance Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion The author may also have revised the text of the original OWNER: AIA standard form An Additions and (Name, legal status and address) Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be CONSTRUCTION CONTRACT reviewed.A vertical line in the left Date: margin of this document indicates Amount: $ where the author has added Description: necessary information and where (Name and location) the author has added to or deleted from the original AIA text BOND This document has important legal Date: consequences Consultation with an attorney is encouraged with respect (Not earlier than Construction Contract Date) to its completion or modification Amount: $ Any singular reference to Modifications to this Bond: None See Section 16 Contractor,Surety,Owner or other party shall be considered plural CONTRACTOR AS PRINCIPAL SURETY where applicable Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Name and Title: Title: (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party.) Init. AIA Document A312"'—2010 Performance Bond.The American 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 .1 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 12 01 03 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1716150839) § 1 The Contractor and Surety,jointly and severally, bind themselves,their heirs,executors,administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance. If the 1 Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,request such a conference. If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise, any conference requested under this Section 3.1 i shall be held within ten(10)business days of the Surety's receipt of the Owner's notice. if the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: '_I+ .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner; or -n .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. t § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. AIA Document A312T"—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This Ale" Document is protected , Init. by U.S.Copyright Law and international Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in 2 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 12 01-03 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale. User Notes: (1716150839) § 7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. • § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors,administrators,successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time,to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. } § 14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. AIA Document A312T"—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected Init. by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in 3 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 12 01 03 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1716150839) § 15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. _ r--ti § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY -J Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: ,! Name and Title: Name and Title: Address: Address: 1 ii } } AIA Document A312T"—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected Init. by U.B.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA' Document,or any portion of it,may result in 4 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 12 01 03 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1716150839) Additions and Deletions Report for AIA® Document A312TM— 2010 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 12:01:03 on 12/04/2014 There are no differences. Additions and Deletions Report for AIA Document A312T"—2010 Performance Bond.The American Institute of Architects.All rights reserved. WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA 1 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 12 01 03 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1716150839) "1 Certification of Document's Authenticity AIA® Document D401 TM — 2003 I,Kristi Essman,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 12:01:03 on 12/04/2014 under Order No. 9950279060_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 A312TM—2010,Performance Bond,as published by the AIA in its software,other than those additions and deletions shown in the associated Additions and Deletions Report. 1 (Signed) (Title) (Dated) - I AIA Document D401 TM-2003.Copyright m 1992 and 2003 by The American Institute of Architects.All rights reserved.WARNING:This AIA& Document is I{ protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA` Document,or any portion of it, 1 _ 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 12 01 03 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1716150839) I !AIA Document G707' - 1994 Consent Of Surety to Final Payment PROJECT: (Name and address) ARCHITECT'S PROJECT NUMBER: OWNER: ❑ CONTRACT FOR:General Construction ARCHITECT:❑ CONTRACTOR: ❑ TO OWNER: (Name and address) CONTRACT DATED: SURETY: ❑ OTHER: ❑ In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the (Insert name and address of Surety) SURETY, on bond of (Insert name and address of Contractor) CONTRACTOR, hereby approves of the final payment to the Contractor,and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of Owner) , OWNER, as set forth in said Surety's bond. IN WITNESS WHEREOF,the Surety has hereunto set its hand on this date: (Insert in writing the month followed by the numeric date and year.) (Surety) (Signature of authorized representative) Attest: (Seal): (Printed name and title) AIA Document G707T"—1994.Copyright©1982 and 1994 by The American 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 AlA" Document,or any portion of it,may j 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 13 04 37 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1295603243) .,BAIIiADocumentG7oTM _ '1992 Application and Certificate for Payment TO OWNER: PROJECT: APPLICATION NO: Distribution to: PERIOD TO: OWNER' CONTRACT FOR: General Construction ARCHITECT: FROM VIA CONTRACT DATE: CONTRACTOR: ARCHITECT: PROJECT NOS: / / CONTRACTOR. FIELD: OTHER. CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge,information and belief-the Work covered by this Application for Payment has been completed in accordance with the Application is made for payment,as shown below, in connection with the Contract. Contract Documents,that all amounts have been paid by the Contractor for Work for which previous Continuation Sheet,AIA Document 0703, is attached. Certificates for Payment were issued and payments received from the Owner, and that current 1. ORIGINAL CONTRACT SUM 5 0.00 payment shown herein is now due. 2. NET CHANGE BY CHANGE ORDERS $ 0.00 CONTRACTOR: 3. CONTRACT SUM TO DATE(Line I ±2) $ 0.00 By: Date: 4. TOTAL COMPLETED & STORED TO DATE(Column G on G703) $ 0.00 State of: 5. RETAINAGE: County of: a. 0 %of Completed Work Subscribed and sworn to before (Column I)+E on G703) $ 0.00 me this day of b. 0 %of Stored Material (Column F on 0703) $ 0.00 Notary Public: Total Retainage(Lines 5a+5b or Total in Column I of 0703) $ 0.00 My Commission expires: 6. TOTAL EARNED LESS RETAINAGE $ 0.00 ARCHITECT'S CERTIFICATE FOR PAYMENT (Line 4 Less Line 5 Total) In accordance with the Contract Documents,based on on-site observations and the data comprising 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT $ 0.00 this application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated.the quality of the Work is in accordance (Line 6 from prior Certificate) with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT 8. CURRENT PAYMENT DUE $ 0.00 CERTIFIED. 9. BALANCE TO FINISH, INCLUDING RETAINAGE AMOUNT CERTIFIED $ 0.00 (Line 3 less Line 6) $ 0.00 (Attach explanation if amount certified dyers from the amount applied. Initial all figures on this Application and on the Continuation Sheet that are changed to conform with the amount certified.) CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS ARCHITECT: Total changes approved in previous months by Owner $ 0.00$ 0.00 By: Date: total approved this Month $ 0.00$ 0.00 TOTALS $ 0 00$ 0.00 this Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance,payment and acceptance of payment are without prejudice to any rights of NET CHANGES by Change Order $ 0.00 the Owner or Contractor under this Contract. AIA Document G702T"—1992.Copyright©1953, 1963,1965,1971,1978,1983 and 1992 by The American Institute of Architects.All rights reserved.WARNING:This AIA'" Document is protected by U.S. Copyright Law and International Treaties.Unauthorized reproduction or distribution of this 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 13 06 18 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1868855910) SAJ1ADUmenjÔ7O3TMt_ 1992 Continuation Sheet A1A Document, G702IM-1992,Application and Certification for Payment,or G73611\4-2009, APPLICATION NO: Project Application and Project Certificate for Payment,Construction Manager as Adviser Edition, APPLICATION DATE: containing Contractor's signed certification is attached. In tabulations below, amounts are in US dollars. PERIOD TO: Use Column 1 on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO: 1204 A B C D E F G H I WORK COMPLETED TOTAL FROM MATERIALS COMPLETED o BALANCE TO RETAINAGE(IF ITEM DESCRIPTION OF SCHEDULED PRESENTLY /o NO. WORK VALUE PREVIOUS AND STORED TO (G G-C) FINISH VARIABLE APPLICATION THIS PERIOD STORED DATE (C-G) RATE) (D+E) (NOT IN D OR E) (D+E+F) 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 GRAND TOTAL $0.00 $0.00 $0.00 $0.00 $0.00 0.00% $0.00 $0.00 MA Document G703T"-1992.Copyright©1963,1965,1966,1967,1970,1978,1983 and 1992 by The American Institute of Architects.All rights reserved.WARNING:This AlA3'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 he prosecuted to 1 the maximum extent possible under the law.This document was produced by AIA software at 13 07 57 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (727282003) Document 6706 TM - 1994 Contractor's Affidavit of Payment of Debts and Claims PROJECT: (Name and address) ARCHITECT'S PROJECT NUMBER: OWNER: ❑ ARCHITECT:❑ CONTRACT FOR:General Construction CONTRACTOR: ❑ TO OWNER: (Name and address) CONTRACT DATED: SURETY: ❑ OTHER: ❑ STATE OF: COUNTY OF: The undersigned hereby certifies that, except as listed below,payment has been made in full and all obligations have otherwise been satisfied for all materials and equipment furnished,for all work,labor,and services performed,and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or Owner's property might in any way be held responsible or encumbered. EXCEPTIONS: SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: (Name and address) 1. Consent of Surety to Final Payment. Whenever Surety is involved, Consent of Surety is required. AIA Document G707, Consent of Surety,may be used for this purpose Indicate Attachment ❑ Yes ® No BY: The following supporting documents should be attached (Signature of authorized representative) hereto if required by the Owner: 1. Contractor's Release or Waiver of Liens, (Printed name and title) conditional upon receipt of final payment. 2. Separate Releases or Waivers of Liens from Subscribed and sworn to before me on this date: Subcontractors and material and equipment suppliers,to the extent required by the Owner, accompanied by a list thereof. Notary Public: 3. Contractor's Affidavit of Release of Liens(AIA My Commission Expires: Document G706A). AIA Document G706r" -1994.Copyright©1970 and 1994 by The American 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 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 13 09 09 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (825311799) pQ. Document G7O6ATM - 1994 Contractor's Affidavit of Release of Liens PROJECT: (Name and address) ARCHITECT'S PROJECT OWNER: ❑ NUMBER: ARCHITECT:❑ CONTRACT FOR: General CONTRACTOR:❑ Construction TO OWNER: (Name and address) CONTRACT DATED: SURETY:El OTHER: ❑ STATE OF: COUNTY OF: The undersigned hereby certifies that to the best of the undersigned's knowledge, information and belief, except as listed below,the Releases or Waivers of Lien attached hereto include the Contractor, all Subcontractors, all suppliers of materials and equipment, and all performers of Work, labor or services who have or may have liens or encumbrances or the right to assert liens or encumbrances against any property of the Owner arising in any manner out of the performance of the Contract referenced above. EXCEPTIONS: SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: (Name and address) 1. Contractor's Release or Waiver of Liens, conditional upon receipt of final payment. 2. Separate Releases or Waivers of Liens from BY: Subcontractors and material and equipment (Signature ofauthori_ed suppliers,to the extent required by the Owner, representative) accompanied by a list thereof. (Printed name and title) Subscribed and sworn to before me on this date: Notary Public: My Commission Expires: AIA Document G706AT"—1994.Copyright©1982 and 1994 by The American Institute of Architects.All rights reserved.WARNING:This AlA' 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 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 13 10 08 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1982805075) ®a = Document A201" - 2007 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) ADDITIONS AND DELETIONS: The author of this document has THE OWNER: added information needed for its completion The author may also (Name, legal status and address) have revised the text of the original AIA standard form An Additions and Deletions Report that notes added THE ARCHITECT: information as well as revisions to the standard form text is available (Name, legal status and address) from the author and should be reviewed.A vertical line in the left margin of this document indicates where the author has added TABLE OF ARTICLES necessary information and where the author has added to or deleted 1 GENERAL PROVISIONS from the original AIA text. 2 OWNER This document has important legal consequences Consultation with an 3 CONTRACTOR attorney is encouraged with respect to its completion or modification. 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES 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 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 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 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) 1 J INDEX Architect's Additional Services and Expenses (Topics and numbers in bold are section headings.) 2.4, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 Architect's Administration of the Contract 3.1.3,4.2,3.7.4, 15.2,9.4.1,9.5 Acceptance of Nonconforming Work Architect's Approvals 9.6.6,9.9.3, 12.3 2.4, 3.1.3,3.5,3.10.2,4.2.7 --j Acceptance of Work Architect's Authority to Reject Work I 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3, 12.3 3.5,4.2.6, 12.1.2, 12.2.1 Access to Work Architect's Copyright _ 3.16, 6.2.1, 12.1 1.1.7, 1.5 ' Accident Prevention Architect's Decisions 10 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.2.14,6.3, -" Acts and Omissions 7.3.7, 7.3.9,8.1.3, 8.3.1,9.2,9.4.1,9.5,9.8.4, 9.9.1, 3.2, 3.3.2, 3.12.8,3.18,4.2.3, 8.3.1,9.5.1, 10.2.5, 13.5.2, 15.2, 15.3 10.2.8, 13.4.2, 13.7, 14.1, 15.2 Architect's Inspections Addenda 3.7.4,4.2.2,4.2.9,9.4.2, 9.8.3, 9.9.2,9.10.1, 13.5 1.1.1,3.11 Architect's Instructions Additional Costs, Claims for 3.2.4,3.3.1,4.2.6,4.2.7, 13.5.2 3.7.4,3.7.5,6.1.1, 7.3.7.5, 10.3, 15.1.4 Architect's Interpretations —' Additional Inspections and Testing 4.2.11,4.2.12 9.4.2,9.8.3, 12.2.1, 13.5 Architect's Project Representative Additional Insured 4.2.10 11.1.4 Architect's Relationship with Contractor Additional Time,Claims for 1.1.2, 1.5,3.1.3,3.2.2, 3.2.3,3.2.4,3.3.1, 3.4.2,3.5, 3.2.4,3.7.4,3.7.5, 3.10.2, 8.3.2, 15.1.5 3.7.4,3.7.5,3.9.2,3.9.3,3.10, 3.11, 3.12, 3.16,3.18, 1 Administration of the Contract 4.1.2,4.1.3,4.2,5.2,6.2.2, 7, 8.3.1,9.2,9.3, 9.4, 9.5, J 3.1.3,4.2,9.4,9.5 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5, Advertisement or Invitation to Bid 15.2 _, 1.1.1 Architect's Relationship with Subcontractors Aesthetic Effect 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3, 9.6.4, 11.3.7 4.2.13 Architect's Representations Allowances 9.4.2,9.5.1,9.10.1 �1 3.8, 7.3.8 Architect's Site Visits �I All-risk Insurance 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1, 9.9.2, 9.10.1, 13.5 11.3.1, 11.3.1.1 Asbestos Applications for Payment 10.3.1 4.2.5, 7.3.9,9.2, 9.3,9.4, 9.5.1,9.6.3,9.7,9.10, Attorneys' Fees -� 11.1.3 3.18.1,9.10.2, 10.3.3 Approvals Award of Separate Contracts _, 2.1.1,2.2.2,2.4,3.1.3,3.10.2,3.12.8,3.12.9,3.12.10, 6.1.1,6.1.2 4.2.7,9.3.2, 13.5.1 Award of Subcontracts and Other Contracts for Arbitration Portions of the Work __ 8.3.1, 11.3.10, 13.1, 15.3.2, 15.4 5.2 ARCHITECT Basic Definitions __, 4 1.1 Architect,Definition of Bidding Requirements -` 4.1.1 1.1.1,5.2.1, 11.4.1 Architect,Extent of Authority Binding Dispute Resolution 2.4, 3.12.7,4.1,4.2, 5.2, 6.3,7.1.2,7.3.7, 7.4,9.2, 9.7, 11.3.9, 11.3.10, 13.1, 15.2.5, 15.2.6.1, 15.3.1, 9.3.1,9.4,9.5,9.6.3,9.8,9.10.1,9.10.3, 12.1, 12.2.1, 15.3.2, 15.4.1 JI 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1 Boiler and Machinery Insurance _ Architect,Limitations of Authority and 11.3.2 Responsibility Bonds,Lien 2.1.1,3.12.4,3.12.8,3.12.10,4.1.2,4.2.1,4.2.2, 7.3.7.4,9.10.2,9.10.3 , 4.2.3,4.2.6,4.2.7,4.2.10,4.2.12,4.2.13,5.2.1,7.4, Bonds,Performance,and Payment 9.4.2,9.5.3,9.6.4, 15.1.3, 15.2 7.3.7.4,9.6.7,9.10.3, 11.3.9, 11.4 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 2 _ 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 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) 1 Building Permit Completion, Substantial 3.7.1 4.2.9, 8.1.1, 8.1.3, 8.2.3,9.4.2, 9.8, 9.9.1, 9.10.3, Capitalization 12.2, 13.7 1.3 Compliance with Laws Certificate of Substantial Completion 1.6, 3.2.3,3.6,3.7, 3.12.10, 3.13,4.1.1,9.6.4, 10.2.2, 9.8.3,9.8.4, 9.8.5 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, Certificates for Payment 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 4.2.1,4.2.5,4.2.9, 9.3.3,9.4,9.5,9.6.1,9.6.6,9.7, Concealed or Unknown Conditions 9.10.1,9.10.3, 14.1.1.3, 14.2.4, 15.1.3 3.7.4,4.2.8, 8.3.1, 10.3 Certificates of Inspection,Testing or Approval Conditions of the Contract 13.5.4 1.1.1,6.1.1,6.1.4 Certificates of Insurance Consent,Written 9.10.2, 11.1.3 3.4.2,3.7.4,3.12.8, 3.14.2,4.1.2,9.3.2,9.8.5, 9.9.1, Change Orders 9.10.2,9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2 1.1.1,2.4,3.4.2,3.7.4,3.8.2.3, 3.11,3.12.8,4.2.8, Consolidation or Joinder 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.6, 7.3.9, 7.3.10, 15.4.4 8.3.1,9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, CONSTRUCTION BY OWNER OR BY 12.1.2, 15.1.3 SEPARATE CONTRACTORS Change Orders,Definition of 1.1.4,6 7.2.1 Construction Change Directive, Definition of CHANGES IN THE WORK 7.3.1 2.2.1,3.11,4.2.8, 7, 7.2.1, 7.3.1,7.4, 8.3.1,9.3.1.1, Construction Change Directives 11.3.9 1.1.1, 3.4.2, 3.12.8,4.2.8, 7.1.1, 7.1.2,7.1.3, 7.3, Claims, Definition of 9.3.1.1 15.1.1 Construction Schedules,Contractor's CLAIMS AND DISPUTES 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 3.2.4, 6.1.1,6.3,7.3.9, 9.3.3,9.10.4, 10.3.3, 15, 15.4 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, 3.7.4,6.1.1, 7.3.9, 10.3.2, 15.1.4 Contract,Definition of Claims for Additional Time 1.1.2 3.2.4,3.7.4,6.1.1, 8.3.2, 10.3.2, 15.1.5 CONTRACT,TERMINATION OR } Concealed or Unknown Conditions,Claims for SUSPENSION OF THE 3.7.4 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, 10.3.3, 11.1.1, 3.1.3,4, 9.4, 9.5 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Contract Award and Execution,Conditions Relating Claims Subject to Arbitration to 15.3.1, 15.4.1 3.7.1,3.10, 5.2,6.1, 11.1.3, 11.3.6, 11.4.1 Cleaning Up Contract Documents, Copies Furnished and Use of 3.15,6.3 1.5.2,2.2.5, 5.3 Commencement of the Work,Conditions Relating to Contract Documents, Definition of 2.2.1,3.2.2,3.4.1, 3.7.1,3.10.1,3.12.6, 5.2.1, 5.2.3, 1.1.1 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.3.1, 11.3.6, 1 1.4.1, Contract Sum 15.1.4 3.7.4,3.8,5.2.3, 7.2, 7.3, 7.4,9.1, 9.4.2,9.5.1.4, Commencement of the Work, Definition of 9.6.7,9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4, 8.1.2 15.2.5 Communications Facilitating Contract Contract Sum, Definition of Administration 9.1 3.9.1, 4.2.4 Contract Time Completion,Conditions Relating to 3.7.4,3.7.5,3.10.2, 5.2.3, 7.2.1.3,7.3.1,7.3.5, 7.4, 3.4.1, 3.11, 3.15,4.2.2,4.2.9, 8.2,9.4.2,9.8, 9.9.1, 8.1.1, 8.2.1, 8.3.1,9.5.1,9.7, 10.3.2, 12.1.1, 14.3.2, 9.10, 12.2, 13.7, 14.1.2 15.1.5.1, 15.2.5 COMPLETION,PAYMENTS AND Contract Time,Definition of 9 8.1.1 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 Init. Institute of Architects.All rights reserved.WARNING:This AlA'' 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 by NA software at 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) _ CONTRACTOR Costs 3 2.4, 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, 3.1,6.1.2 11.3, 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 "1 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 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 11.1 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, 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 _ 11.3.1.2, 11.3.7, 11.3.8 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, 8.1.2 i 3.7.4,3.10, 3.11,3.12,3.16,3.18,4.1.3,4.2, 5.2, Date of Substantial Completion,Definition of 6.2.2, 7, 8.3.1,9.2, 9.3, 9.4, 9.5,9.7,9.8, 9.9, 10.2.6, 8.1.3 _ 10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1 Day,Definition of Contractor's Representations 8.1.4 3.2.1,3.2.2, 3.5, 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, Work 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2,9.4,9.5.1, 9.8.4, 9.9.1, 3.3.2,3.18, 5.3, 6.1.3,6.2, 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 2.3,2.4, 3.5,4.2.6, 6.2.5,9.5.1, 9.5.2,9.6.6,9.8.2, 14.1, 15.1.6 9.9.3,9.10.4, 12.2.1 Contractor's Submittals Definitions _ 3.10, 3.11,3.12.4,4.2.7,5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 1.1,2.1.1,3.1.1,3.5,3.12.1,3.12.2,3.12.3,4.1.1, 9.8.3, 9.9.1,9.10.2,9.10.3, 11.1.3, 11.4.2 15.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1,9.1,9.8.1 -,. Contractor's Superintendent Delays and Extensions of Time 3.9, 10.2.6 3.2, 3.7.4, 5.2.3,7.2.1, 7.3.1, 7.4,8.3,9.5.1,9.7, -} Contractor's Supervision and Construction 10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5 Procedures Disputes 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,6.1.3,6.2.4, 6.3, 7.3.9, 15.1, 15.2 7.1.3, 7.3.5,7.3.7, 8.2, 10, 12, 14, 15.1.3 Documents and Samples at the Site Contractual Liability Insurance 3.11 11.1.1.8, 11.2 Drawings,Definition of ,� Coordination and Correlation 1.1.5 1.2, 3.2.1,3.3.1,3.10,3.12.6, 6.1.3,6.2.1 Drawings and Specifications, Use and Ownership of Copies Furnished of Drawings and Specifications 3.11 1 1.5,2.2.5,3.11 Effective Date of Insurance Copyrights 8.2.2, 11.1.2 _J 1.5,3.17 Emergencies Correction of Work 10.4, 14.1.1.2, 15.1.4 -1) 2.3,2.4, 3.7.3,9.4.2,9.8.2,9.8.3,9.9.1, 12.1.2, 12.2 Employees, Contractor's l Correlation and Intent of the Contract Documents 3.3.2,3.4.3,3.8.1, 3.9, 3.18.2,4.2.3,4.2.6, 10.2, 1.2 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 -- Cost, Definition of 7.3.7 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 4 ,_) 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 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale 1 User Notes: (1281774422) 1 Equipment, Labor, Materials or Instruments of Service, Definition of 1.1.3, 1.1.6,3.4,3.5,3.8.2,3.8.3,3.12,3.13, 3.15.1, 1.1.7 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, Insurance 9.10.2, 102.1, 10.2.4, 14.2.1.1, 14.2.1.2 3.18.1,6.1.1, 7.3.7, 9.3.2,9.8.4,9.9.1, 9.10.2, 11 Execution and Progress of the Work Insurance, Boiler and Machinery 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, 11.3.2 3.7.1,3.10.1, 3.12, 3.14,4.2,6.2.2,7.1.3, 7.3.5, 8.2, Insurance,Contractor's Liability 9.5.1,9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 11.1 Extensions of Time Insurance, Effective Date of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4,9.5.1,9.7, 10.3.2, 8.2.2, 11.1.2 10.4, 14.3, 15.1.5, 15.2.5 Insurance, Loss of Use Failure of Payment 11.3.3 9.5.1.3,9.7,9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Insurance,Owner's Liability Faulty Work 11.2 (See Defective or Nonconforming Work) Insurance,Property Final Completion and Final Payment 10.2.5, 11.3 4.2.1,4.2.9,9.8.2,9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, Insurance, Stored Materials 12.3, 14.2.4, 14.4.3 9.3.2 Financial Arrangements, Owner's INSURANCE AND BONDS 2.2.1, 13.2.2, 14.1.1.4 11 Fire and Extended Coverage Insurance Insurance Companies,Consent to Partial Occupancy 11.3.1.1 9.9.1 GENERAL PROVISIONS Intent of the Contract Documents 1 1.2.1,4.2.7,4.2.12,4.2.13, 7.4 Governing Law Interest 13.1 13.6 Guarantees(See Warranty) Interpretation Hazardous Materials 1.2.3, 1.4,4.1.1, 5.1,6.1.2, 15.1.1 10.2.4, 10.3 Interpretations, Written Identification of Subcontractors and Suppliers 4.2.11,4.2.12, 15.1.4 5.2.1 Judgment on Final Award Indemnification 15.4.2 3.17, 3.18,9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, Labor and Materials, Equipment 11.3.7 1.1.3, 1.1.6,3.4, 3.5,3.8.2,3.8.3, 3.12,3.13, 3.15.1, Information and Services Required of the Owner 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, 2.1.2,2.2, 3.2.2,3.12.4,3.12.10,6.1.3,6.1.4,6.2.5, - 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 9.6.1,9.6.4, 9.9.2,9.10.3, 10.3.3, 11.2, 11.4, 13.5.1, Labor Disputes 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 8.3.1 Initial Decision Laws and Regulations 15.2 1.5, 3.2.3,3.6,3.7, 3.12.10, 3.13,4.1.1,9.6.4, 9.9.1, Initial Decision Maker, Definition of 10.2.2, 11.1.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 1.1.8 14, 15.2.8, 15.4 Initial Decision Maker, Decisions Liens 14.2.2, 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 2.1.2,9.3.3,9.10.2,9.10.4, 15.2.8 Initial Decision Maker, Extent of Authority Limitations, Statutes of 14.2.2, 14.2.4, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 12.2.5, 13.7, 15.4.1.1 15.2.5 Limitations of Liability Injury or Damage to Person or Property 2.3, 3.2.2, 3.5,3.12.10, 3.17, 3.18.1,4.2.6,4.2.7, 10.2.8, 10.4 4.2.12,6.2.2,9.4.2,9.6.4,9.6.7, 10.2.5, 10.3.3, Inspections 11.1.2, 11.2, 11.3.7, 12.2.5, 13.4.2 3.1.3, 3.3.3,3.7.1,4.2.2,4.2.6,4.2.9, 9.4.2,9.8.3, Limitations of Time 9.9.2,9.10.1, 12.2.1, 13.5 2.1.2,2.2,2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1,4.2.7, Instructions to Bidders 5.2, 5.3, 5.4.1,6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 1.1.1 9.4.1,9.5,9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.3.1.5, Instructions to the Contractor 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15 3.2.4, 3.3.1,3.8.1, 5.2.1, 7, 8.2.2, 12, 13.5.2 Loss of Use Insurance 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 Ale 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 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) i —1 Material Suppliers Owner,Information and Services Required of the 1.5, 3.12.1,4.2.4,4.2.6, 5.2.1,9.3,9.4.2,9.6,9.10.5 2.1.2,2.2,3.2.2,3.12.10,6.1.3,6.1.4, 6.2.5,9.3.2, Materials,Hazardous 9.6.1,9.6.4,9.9.2,9.10.3, 10.3.3, 11.2, 11.3, 13.5.1, 10.2.4, 10.3 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 '----I Materials,Labor,Equipment and Owner's Authority 1.1.3, 1.1.6, 1.5.1,3.4.1,3.5,3.8.2,3.8.3, 3.12,3.13, 1.5,2.1.1,2.3,2.4, 3.4.2,3.8.1,3.12.10,3.14.2,4.1.2, 3.15.1,4.2.6,4.2.7, 5.2.1,6.2.1, 7.3.7, 9.3.2, 9.3.3, 4.1.3,4.2.4,4.2.9,5.2.1,5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 9.5.1.3,9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 7.3.1, 8.2.2,8.3.1,9.3.1,9.3.2, 9.5.1, 9.6.4,9.9.1, Means,Methods,Techniques, Sequences and 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, 12.3, -) Procedures of Construction 13.2.2, 14.3, 14.4, 15.2.7 3.3.1,3.12.10,4.2.2,4.2.7,9.4.2 Owner's Financial Capability Mechanic's Lien 2.2.1, 13.2.2, 14.1.1.4 1 2.1.2, 15.2.8 Owner's Liability Insurance Mediation 11.2 .— � 8.3.1, 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 1 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 Award Separate Contracts 1 Modifications to the Contract 6.1 1.1.1, 1.1.2,3.11,4.1.2,4.2.1,5.2.3, 7, 8.3.1,9.7, 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 ___i Nonconforming Work, Rejection and Correction of Ownership and Use of Drawings,Specifications , 2.3,2.4, 3.5,4.2.6, 6.2.4,9.5.1, 9.8.2,9.9.3,9.10.4, and Other Instruments of Service --' 12.2.1 1.1.1, 1.1.6, 1.1.7, 1.5,2.2.5,3.2.2,3.11,3.17,4.2.12, __ Notice 5.3 ti 2.2.1,2.3,2.4,3.2.4,3.3.1,3.7.2,3.12.9, 5.2.1,9.7, Partial Occupancy or Use 1 9.10, 10.2.2, 11.1.3, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 9.6.6,9.9, 11.3.1.5 14.1, 14.2, 15.2.8, 15.4.1 Patching,Cutting and Notice,Written 3.14, 6.2.5 2.3,2.4, 3.3.1,3.9.2,3.12.9, 3.12.10, 5.2.1,9.7,9.10, Patents -- 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1, 13.3, 14, 15.2.8, 3.17 15.4.1 Payment,Applications for Notice of Claims 4.2.5, 7.3.9,9.2,9.3,9.4,9.5,9.6.3,9.7, 9.8.5, 9.10.1, 3.7.4, 10.2.8, 15.1.2, 15.4 14.2.3, 14.2.4, 14.4.3 Notice of Testing and Inspections Payment,Certificates for - 13.5.1, 13.5.2 4.2.5,4.2.9,9.3.3,9.4,9.5, 9.6.1,9.6.6, 9.7,9.10.1, Observations,Contractor's 9.10.3, 13.7, 14.1.1.3, 14.2.4 __J 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 _1 2.2.2,9.6.6,9.8, 11.3.1.5 Payment, Final I Orders,Written 4.2.1,4.2.9,9.8.2,9.10, 11.1.2, 11.1.3, 11.4.1, 12.3, 1.1.1,2.3,3.9.2,7, 8.2.2, 11.3.9, 12.1, 12.2.2.1, 13.7, 14.2.4, 14.4.3 13.5.2, 14.3.1 Payment Bond,Performance Bond and 1, OWNER 7.3.7.4,9.6.7,9.10.3, 11.4 1 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 9 J AIA Document A201 T"—2007.Copyright CO 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 6 i 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 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale 1 User Notes: (1281774422) Payments to Subcontractors Rights and Remedies 5.4.2,9.5.1.3,9.6.2, 9.6.3, 9.6.4,9.6.7, 14.2.1.2 1.1.2,2.3,2.4,3.5, 3.7.4, 3.15.2,4.2.6, 5.3,5.4,6.1, PCB 6.3, 7.3.1, 8.3,9.5.1,9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, I 10.3.1 13.4, 14, 15.4 Performance Bond and Payment Bond Royalties, Patents and Copyrights 7.3.7.4,9.6.7,9.10.3, 11.4 3.17 Permits, Fees,Notices and Compliance with Laws Rules and Notices for Arbitration 2.2.2,3.7, 3.13, 7.3.7.4, 10.2.2 15.4.1 PERSONS AND PROPERTY, PROTECTION Safety of Persons and Property OF 10.2, 10.4 10 Safety Precautions and Programs Polychlorinated Biphenyl 3.3.1,4.2.2,4.2.7, 5.3, 10.1, 10.2, 10.4 10.3.1 Samples, Definition of Product Data,Definition of 3.12.3 3.12.2 Samples, Shop Drawings, Product Data and Product Data and Samples,Shop Drawings 3.11,3.12,4.2.7 3.11,3.12,4.2.7 Samples at the Site, Documents and Progress and Completion 3.11 4.2.2,8.2,9.8,9.9.1, 14.1.4, 15.1.3 Schedule of Values • Progress Payments 9.2, 9.3.1 9.3, 9.6, 9.8.5,9.10.3, 13.6, 14.2.3, 15.1.3 Schedules, Construction Project, Definition of 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 1.1.4 Separate Contracts and Contractors Project Representatives 1.1.4, 3.12.5,3.14.2,4.2.4,4.2.7,6, 8.3.1, 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 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 3.5,4.2.6, 12.2.1 Special Inspections and Testing Releases and Waivers of Liens 4.2.6, 12.2.1, 13.5 9.10.2 Specifications, Definition of Representations 1.1.6 3.2.1,3.5,3.12.6,6.2.2, 8.2.1,9.3.3,9.4.2,9.5.1, Specifications 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, 13.7, 15.4.1.1 5.1.2, 13.2.1 Stopping the Work Responsibility for Those Performing the Work 2.3, 9.7, 10.3, 14.1 3.3.2, 3.18,4.2.3,5.3,6.1.3,6.2,6.3, 9.5.1, 10 Stored Materials Retainage 6.2.1,9.3.2, 10.2.1.2, 10.2.4 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, 6.1.3 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, 3.10.1,3.10.2, 3.11, 3.12,42,5.2,6.1.3,9.2,9.8.2 9.6.7 Review of Shop Drawings, Product Data and Subcontractual Relations Samples by Contractor 5.3, 5.4, 9.3.1.2,9.6, 9.10, 10.2.1, 14.1, 14.2.1 3.12 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 7 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 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) Submittals Tests and Inspections 3.10, 3.11,3.12,4.2.7, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3, 3.1.3,3.3.3,4.2.2,4.2.6,4.2.9, 9.4.2, 9.8.3,9.9.2, ' 9.8,9.9.1,9.10.2,9.10.3, 11.1.3 9.10.1, 10.3.2, 11.4.1, 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, 11.3.7 3.2.4,3.7.4,5.2.3, 7.2.1, 7.3.1, 7.4,8.3,9.5.1, 9.7, Substantial Completion 10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5 4.2.9, 8.1.1, 8.1.3,8.2.3,9.4.2, 9.8,9.9.1, 9.10.3, Time Limits 12.2, 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 5.2, 5.3, 5.4,6.2.4, 7.3, 7.4, 8.2,9.2,9.3.1,9.3.3, 9.8.1 9.4.1,9.5,9.6,9.7, 9.8, 9.9, 9.1 0, 11.1.3, 12.2, 13.5, Substitution of Subcontractors 13.7, 14, 15.1.2, 15.4 5.2.3, 5.2.4 Time Limits on Claims Substitution of Architect 3.7.4, 10.2.8, 13.7, 15.1.2 4.1.3 Title to Work Substitutions of Materials 9.3.2,9.3.3 3.4.2,3.5, 7.3.8 Transmission of Data in Digital Form 1 Sub-subcontractor, Definition of 1.6 5.1.2 UNCOVERING AND CORRECTION OF Subsurface Conditions WORK 3.7.4 12 Successors and Assigns Uncovering of Work 13.2 12.1 Superintendent Unforeseen Conditions,Concealed or Unknown 3.9, 10.2.6 3.7.4, 8.3.1, 10.3 Supervision and Construction Procedures Unit Prices _ 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,6.1.3,6.2.4, 7.3.3.2,7.3.4 7.1.3, 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 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 9.10.2,9.10.3 Values,Schedule of Surveys 9.2, 9.3.1 2.2.3 Waiver of Claims by the Architect Suspension by the Owner for Convenience 13.4.2 14.3 Waiver of Claims by the Contractor Suspension of the Work 9.10.5, 13.4.2, 15.1.6 5.4.2, 14.3 Waiver of Claims by the Owner Suspension or Termination of the Contract 9.9.3,9.10.3,9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6 5.4.1.1, 14 Waiver of Consequential Damages Taxes 14.2.4, 15.1.6 3.6, 3.8.2.1,7.3.7.4 Waiver of Liens Termination by the Contractor 9.10.2,9.10.4 15.1.6 Waivers of Subrogation Termination by the Owner for Cause 6.1.1, 11.3.7 5.4.1.1, 14.2, 15.1.6 Warranty Termination by the Owner for Convenience 3.5,4.2.9,9.3.3,9.8.4,9.9.1,9.10.4, 12.2.2, 13.7 14.4 Weather Delays Termination of the Architect 15.1.5.2 4.1.3 Work,Definition of Termination of the Contractor 1.1.3 14.2.2 Written Consent TERMINATION OR SUSPENSION OF THE 1.5.2,3.4.2,3.7.4,3.12.8,3.14.2,4.1.2, 9.3.2, 9.8.5, CONTRACT 9.9.1,9.10.2,9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2 {I 14 Written Interpretations 4.2.11,4.2.12 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 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 maximum extent possible under the law.This document was produced by AIA software at 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) 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, 12.1, 12.2, 13.5.2, 14.3.1, 9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 14, 15.1.2 15.4.1 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 Init. Institute of Architects.All rights reserved.WARNING:This AlAe 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 by AIA software at 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) 1 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(hereinafter the Agreement)and consist of the Agreement,Conditions of the Contract(General, Supplementary and other Conditions), Drawings, Specifications,Addenda issued prior to execution of the Contract,other documents listed in the Agreement and Modifications issued after execution of the Contract.A Modification is(1)a written amendment to the Contract signed by both parties,(2)a Change Order,(3)a Construction Change Directive or(4)a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement,the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor's bid or proposal,or portions of Addenda relating to bidding requirements. § 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.The Contract may be amended or modified only by a Modification.The Contract Documents shall not be construed to create a contractual relationship of any kind (1)between the Contractor and the Architect or the -' Architect's consultants, (2)between the Owner and a Subcontractor or a Sub-subcontractor,(3)between the Owner and the Architect or the Architect's consultants or(4)between any persons or entities other than the Owner and the Contractor.The Architect shall,however,be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. § 1.1.3 THE WORK The term "Work"means the construction and services required by the Contract Documents, whether completed or partially completed,and includes all other labor,materials,equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations.The Work may constitute the whole or a part of the Project. § 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner 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, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their - respective professional services agreements. Instruments of Service may include,without limitation,studies, surveys, models, sketches,drawings, specifications, and other similar materials. --J § 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. 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 AIA* Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 10 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 13 13 02 on 12/04/2014 under Order No.9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) § 1.2.2 Organization of the Specifications into divisions, sections and articles,and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1 § 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. § 1.3 CAPITALIZATION Terms capitalized in these General Conditions include those that are(1)specifically defined,(2)the titles of numbered articles or(3)the titles of other documents published by the American Institute of Architects. § 1.4 INTERPRETATION In the interest of brevity the Contract Documents frequently omit modifying words such as "all"and "any"and articles such as "the"and"an,"but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 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 requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants'reserved rights. § 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 to this Project outside the scope of the Work without the �I specific written consent of the Owner, Architect and the Architect's consultants. § 1.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. ARTICLE 2 OWNER § 2.1 GENERAL § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1,the Architect does not have such authority. The term "Owner"means the Owner or the Owner's authorized representative. • § 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site,and the Owner's interest therein. § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 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 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 AIA Document A201-r"-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 11 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 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) • i the portion of the Work affected by a material change.After the Owner furnishes the evidence,the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 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 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site.The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness.The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 2.2.5 Unless otherwise provided in the Contract Documents,the Owner shall furnish to the Contractor one copy of 1 the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.3 OWNER'S RIGHT TO STOP THE WORK 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 or repeatedly fails to carry out Work in accordance with the Contract Documents,the Owner may issue a written order to the Contractor to stop the Work,or any portion thereof, until the cause for such order has been eliminated;however,the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent _ required by Section 6.1.3. § 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,correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default,neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts,the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR § 3.1 GENERAL § 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 be lawfully licensed, if required in the li jurisdiction where the Project is located.The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract.The term "Contractor"means the Contractor or the Contractor's authorized representative. § 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 Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. 1 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 Init. Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 12 i 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 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) J § 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 3.2.2 Because the Contract Documents are complementary,the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work,as well as the information furnished by the Owner pursuant to Section 2.2.3,shall take field measurements of any existing conditions related to that portion of the Work,and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors,omissions, or inconsistencies in the Contract Documents;however,the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 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 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 orders of public authorities. § 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, construction means,methods,techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means,methods,techniques, sequences or procedures,the Contractor shall evaluate the jobsite safety thereof and,except as stated below, shall be fully and solely responsible for the jobsite safety of such means,methods,techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means,methods,techniques, sequences or procedures without acceptance of changes proposed by the Contractor,the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means,methods,techniques, sequences or procedures. § 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 such portions are in proper condition to receive subsequent Work. § 3.4 LABOR AND MATERIALS § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment,tools, construction equipment and machinery, water, heat, utilities,transportation,and other 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 Init. Institute of Architects.All rights reserved.WARNING:This AIA 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 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) facilities and services necessary for proper execution and completion of the Work,whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 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 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. § 3.5 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials,or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect,the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.6 TAXES The Contractor shall pay sales, consumer,use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. I § 3.7 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS § 3.7.1 Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for the building permit as well as for other permits,fees, licenses,and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes,ordinances, codes, rules and regulations,and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes,ordinances, codes, rules and regulations, or lawful orders of public authorities,the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. J § 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are(1) 1 subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or(2)unknown physical conditions of an unusual nature,that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents,the Contractor shall promptly provide notice to the Owner and the Architect before conditions 1 are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for,performance of any part of the Work,will recommend an equitable adjustment in the Contract Sum or Contract Time,or both. If the Architect determines that the conditions 1 at the site are not materially different from those indicated in the Contract Documents and that no change in the - terms of the Contract is justified,the Architect shall promptly notify the Owner and Contractor in writing,stating the reasons. If either party disputes the Architect's determination or recommendation,that party may proceed as ' provided in Article 15. § 3.7.5 If, in the course of the Work,the Contractor encounters human remains or recognizes the existence of burial markers,archaeological sites or wetlands not indicated in the Contract Documents,the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice,the Owner shall promptly take any action necessary to obtain governmental authorization required to resume 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 14 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 13 13 02 on 12/04/2014 under Order No.9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) J 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. § 3.8 ALLOWANCES § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 Whenever costs are more than or less than allowances,the Contract Sum shall be adjusted accordingly by Change Order.The amount of the Change Order shall reflect(1)the difference between actual costs and the allowances under Section 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 with reasonable promptness. § 3.9 SUPERINTENDENT § 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 superintendent shall represent the Contractor,and communications given to the 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 through the Architect the name and qualifications of a proposed superintendent.The Architect may reply within 14 days to the Contractor in writing stating(1)whether the Owner or the Architect has reasonable objection to the proposed superintendent or(2)that the Architect requires additional time to review.Failure of the Architect to reply within the 14 day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection.The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. § 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. § 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 submittals. If the Contractor fails to submit a submittal schedule,the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. 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 Init. Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U S.Copyright Law and International Treaties.Unauthorized 15 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 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) § 3.11 DOCUMENTS AND SAMPLES AT THE SITE The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications,Addenda,Change Orders and other Modifications,in good order and marked currently to indicate field changes and selections made during construction,and one copy of approved Shop Drawings,Product Data, Samples and similar required submittals.These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. • § 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES § 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor,manufacturer,supplier or distributor to illustrate some portion of the'Work. § 3.12.2 Product Data are illustrations, standard schedules,performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. I § 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. j 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 schedule,with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. § 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 j coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings,Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and(1)the Architect has given written approval to the specific deviation as a minor change in the Work, or(2)a Change Order or Construction Change Directive has been issued authorizing the deviation.The Contractor shall not be relieved of responsibility for errors or omissions in Shop — Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings,-Product Data, Samples or similar submittals,to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice,the Architect's approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services 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 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 Init. Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 16 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 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) __J required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents,the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional,whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others,shall bear such professional's written approval when submitted to the Architect.The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services,certifications and approvals performed or provided by such design professionals,provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10,the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents. § 3.13 USE OF SITE 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 unreasonably encumber the site with materials or equipment. § 3.14 CUTTING AND PATCHING § 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition 1 existing prior to the cutting,fitting and patching,unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting,patching or otherwise altering such construction, or by excavation.The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld.The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. § 3.15 CLEANING UP § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract.At completion of the Work,the Contractor shall remove waste materials,rubbish,the Contractor's tools, construction equipment,machinery and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents,the Owner may do so and Owner shall be entitled to reimbursement from the Contractor. § 3.16 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. § 3.17 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents,or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent,the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. AIA Document A201T"—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 AIAl" Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 17 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 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) J § 3.18 INDEMNIFICATION § 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 whose acts they may be liable,regardless of whether or not such claim,damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate,abridge,or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. ~{ § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor,a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable,the indemnification obligation under Section 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' J compensation acts,disability benefit acts or other employee benefit acts. ARTICLE 4 ARCHITECT § 4.1 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 is referred to throughout the Contract Documents as if singular in number. § 4.1.2 Duties,responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted,modified or extended without written consent of the Owner,Contractor and Architect. Consent shall not be unreasonably withheld. _ § 4.1.3 If the employment of the Architect is terminated,the Owner shall employ a successor architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 4.2 ADMINISTRATION OF THE CONTRACT § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be ) an Owner's representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction,or as otherwise agreed with the Owner,to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed,will be in accordance with the Contract Documents.However,the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.The Architect will not have control over, charge of, or responsibility for,the construction means,methods,techniques,sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents,except as provided in Section 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 --1 Documents and from the most recent construction schedule submitted by the Contractor, and(2)defects and deficiencies observed in the Work.The Architect will not be responsible for the Contractor's failure to perform the j Work in accordance with the requirements of the Contract Documents.The Architect will not have control over or I 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. 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 18 -,1 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 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) J § 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized,the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect.Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. § 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment,the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect 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. § 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,with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents.The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3,3.5 and 3.12.The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect,of any construction means, methods, techniques, sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in 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 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8;receive and forward to the Owner, for the Owner's review and records,written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 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. § 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. § 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 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 19 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 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) § 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 reasonable promptness. If appropriate,the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5 SUBCONTRACTORS § 5.1 DEFINITIONS § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site.The term "Subcontractor"is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor.The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. § 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site.The term "Sub-subcontractor"is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the J 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 principal portion of the Work.The Architect may reply within 14 days to the Contractor in writing stating(1)whether the Owner or the Architect has reasonable objection to any such proposed person or entity or(2)that the Architect requires additional time for review. Failure of the Owner or Architect to reply within the 14-day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection.The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. j § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor,the _ Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work,the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change,and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However,no increase in the Contract -1 Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names 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 By appropriate agreement,written where legally required for validity,the Contractor shall require each Subcontractor,to the extent of the Work to be performed by the Subcontractor,to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work,which the Contractor,by these Documents, assumes toward the Owner and Architect.Each subcontract agreement shall preserve and protect the rights of the 1 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 J 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, --I 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 -s 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 Init. Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 20 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 13 13 02 on 12/04/2014 under Order No.9950279060_1 which expires on 06/18/2015.and is not for resale. User Notes: (1281774422) 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 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing;and .2 assignment is subject to the prior rights of the surety, if any,obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement,the Owner assumes the Contractor's rights and obligations under the subcontract. § 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 assignment to the Owner under this Section 5.4,the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation.If the Contractor claims that delay or additional cost is involved because of such action by the Owner,the Contractor shall make such Claim as provided in Article 15. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site,the term "Contractor"in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them.The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules.The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement.The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents,when the Owner performs construction or operations related to the Project with the Owner's own forces,the Owner shall be deemed to be subject to the same obligations and to have the same rights 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. § 6.2 MUTUAL RESPONSIBILITY § 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities,and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor,the Contractor shall,prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results.Failure of the Contractor so to report shall constitute an acknowledgment that 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 21 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 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work,except as to defects not then reasonably discoverable. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor's delays, improperly timed activities or defective construction.The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor's delays, improperly timed activities,damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. § 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 OWNER'S RIGHT TO CLEAN UP If a dispute arises among the Contractor,separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish,the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 GENERAL § 7.1.1 Changes in the Work may be accomplished after execution of the Contract,and without invalidating the Contract,by Change Order,Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner,Contractor and Architect;a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor;an order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents,and the Contractor shall proceed promptly, unless otherwise provided in the Change Order,Construction Change Directive or order for a minor change in the Work. r � § 7.2 CHANGE ORDERS § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner,Contractor and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum;and .3 The extent of the adjustment,if any, in the Contract Time. § 7.3 CONSTRUCTION CHANGE DIRECTIVES JI § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment,if any, in the Contract Sum or Contract Time, or both.The Owner may by Construction Change Directive,without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions,the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change j Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum,the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or - _1 percentage fee; or 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 22 reproduction or distribution of this AIA`r 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 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) _-J .4 As provided in Section 7.3.7. § 7.3.4 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 a Construction Change Directive,the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.6 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 1 be effective immediately and shall be recorded as a Change Order. § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract i Sum,the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum,an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement,a reasonable amount. In such case,and also under Section 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: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom,and workers' compensation insurance; .2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance,permit fees, and sales, use or similar taxes related to the Work;and .5 Additional costs of supervision and field office personnel directly attributable to the change. § 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 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. § 7.4 MINOR CHANGES IN THE WORK The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order signed by the Architect and shall be binding on the Owner and Contractor. 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 23 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 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) _ ARTICLE 8 TIME § 8.1 DEFINITIONS § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments,allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term"day"as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 PROGRESS AND COMPLETION § 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. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing,prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 DELAYS AND EXTENSIONS OF TIME l § 8.3.1 if the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect,or of an employee of either,or of a separate contractor employed by the Owner;or by changes ordered in the Work;or by labor disputes, fire,unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control;or by delay authorized by the Owner pending mediation and arbitration; or by other causes that the Architect determines may justify delay,then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. -1 ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 CONTRACT SUM The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.2 SCHEDULE OF VALUES ti- Where the Contract is based on a stipulated sum or Guaranteed Maximum Price,the Contractor shall submit to the Architect,before the first Application for Payment,a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule, unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment. § 9.3 APPLICATIONS FOR PAYMENT § 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 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. 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 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 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 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) § 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. § 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. § 9.3.2 Unless otherwise provided in the Contract Documents,payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner,payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing.Payment for materials and equipment stored on or off the site shall be conditioned upon 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. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment.The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall,to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or 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. J § 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 not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods, techniques, sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment,or(4)made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 DECISIONS TO WITHHOLD CERTIFICATION § 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,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; 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 Init. Institute of Architects.All rights reserved.WARNING:This AIRS Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 25 reproduction or distribution of this AIRS 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 13 13 02 on 12/04/2014 under Order No 9950279060_1 which - expires on 06/18/2015,and is not for resale User Notes: (1281774422) ;l .3 failure of the Contractor to make payments properly to Subcontractors or for labor,materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time,and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. l § 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. § 9.6 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 of the Subcontractor's portion of the Work.The Contractor shall, by appropriate agreement with each Subcontractor,require each Subcontractor to make payments to Sub-subcontractors in a similar manner. • § 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. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both,under contract with the Contractor for which payment was made by the Owner.Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.7 FAILURE OF PAYMENT If the Architect does not issue a Certificate for Payment,through no fault of the Contractor,within seven days after receipt of the Contractor's Application for Payment,or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by binding AIA Document A201' —2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American 1 Init. Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 26 - 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 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) ..J dispute resolution,then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up,plus interest as provided for in the Contract Documents. § 9.8 SUBSTANTIAL COMPLETION - , § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete,the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract- Documents. § 9.8.3 Upon receipt of the Contractor's list,the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete.If the Architect's inspection discloses any item,whether or not included on the Contractor's list,which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use,the Contractor shall,before issuance of the Certificate of Substantial Completion,complete or correct such item upon notification by the Architect. In such case,the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete,the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance,heat,utilities,damage to the Work and insurance,and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any,the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 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 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. 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 Init. Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 27 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 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) § 9.10 FINAL COMPLETION AND FINAL PAYMENT j § 9.10.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment,the Architect will promptly make such inspection and,when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed,the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections,the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable.The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being --� entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect(1)an affidavit that payrolls, bills for materials and equipment,and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered(less amounts withheld by Owner)have been paid or otherwise satisfied,(2)a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner,(3)a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4)consent of surety, if any,to final payment and(5), if required by the Owner,other data establishing payment or satisfaction of obligations, such as receipts,releases and waivers of liens, claims,security interests or encumbrances arising 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 J 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 completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from �t .1 liens,Claims,security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. § 9.10.5 Acceptance of final payment by the Contractor,a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating,maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 SAFETY OF PERSONS AND PROPERTY § 10.2.1 The Contractor shall take reasonable precautions for safety of and shall provide reasonable protection to prevent damage,injury or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein,whether in storage on or off the site, under care,custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors;and Z 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 !` Init. Institute of Architects.All rights reserved.WARNING:This AIA5 Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 28 J 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 13 13 02 on 12/04/2014 under Order No 99502790601 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) • J .3 other property at the site or adjacent thereto,such as trees, shrubs, lawns,walks,pavements, roadways, structures and utilities not designated for removal,relocation or replacement in the course of construction. § 10.2.2 The Contractor shall 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 posting danger signs and other warnings against hazards, 1 promulgating safety regulations and notifying owners and users of adjacent sites and utilities. § 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. § 10.2.5 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 and 10.2.1.3 caused in whole or in part by the Contractor,a Subcontractor,a Sub-subcontractor, or anyone directly or indirectly employed ` by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3,except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under 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 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. § 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY i If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage,whether or not insured,shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 HAZARDOUS MATERIALS § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor,the Contractor shall, upon recognizing the condition,.immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. § 10.3.2 Upon receipt of the Contractor's written notice,the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present,to cause it to be rendered harmless. Unless otherwise required by the Contract Documents,the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance.The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner.If either the Contractor or Architect has an objection to a person or entity ■ proposed by the Owner,the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order,the Contract Time shall be 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 Init. Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 29 reproduction or distribution of this AIA", Document,or any portion of it,may result in severe civil and criminal penalties;and will he prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) 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. § 10.3.3 To the fullest extent permitted by law,the Owner shall indemnify and hold harmless the Contractor, Subcontractors,Architect,Architect's consultants and agents and employees of any of them from and against claims,damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless,provided that such claim, damage, loss or expense is attributable to bodily injury, sickness,disease or death,or to injury to or destruction of tangible property �I (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents.The Owner shall be responsible for materials or substances required by the Contract Documents,except to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances. J § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs(1)for remediation of a material or substance the Contractor brings to the site and negligently handles,or(2)where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's -� fault or negligence. § 10.3.6 If,without negligence on the part of the Contractor,the Contractor is held liable by a government agency J for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents,the Owner shall indemnify the Contractor for all cost and expense thereby incurred. § 10.4 EMERGENCIES --4 In an emergency affecting safety of persons or property,the Contractor shall act,at the Contractor's discretion,to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. J ARTICLE 11 INSURANCE AND BONDS § 11.1 CONTRACTOR'S LIABILITY INSURANCE § 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations and completed operations under v, the Contract and for which the Contractor may be legally liable,whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them,or by anyone for whose acts any of them may be liable: .1 Claims under workers' compensation,disability benefit and other similar employee benefit acts that — are applicable to the Work to be performed; .2 Claims for damages because of bodily injury,occupational sickness or disease, or death of the Contractor's employees; .3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; .4 Claims for damages insured by usual personal injury liability coverage; .5 Claims for damages, other than to the Work itself,because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 Claims for damages because of bodily injury, death of a person or property damage arising out of ownership,maintenance or use of a motor vehicle; .7 Claims for bodily injury or property damage arising out of completed operations;and .8 Claims involving contractual liability insurance applicable to the Contractor's obligations under Section 3.18. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater.Coverages,whether written on an occurrence or claims-made basis, shall be maintained without interruption from the date of commencement of the 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 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 by AIA software at 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) Work until the date of final payment and termination of any coverage required to be maintained after final payment, and,with respect to the Contractor's completed operations coverage, until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. § 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, 1 shall be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2. 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. § 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include(1)the Owner,the Architect and the Architect's consultants as additional insureds for claims caused in • whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations; and (2)the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations. § 11.2 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 11.3 PROPERTY INSURANCE § 11.3.1 Unless otherwise provided,the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located,property insurance written on a builder's risk "all-risk"or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later.This insurance shall include interests of the Owner,the Contractor, Subcontractors and Sub-subcontractors in the Project. § 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,theft,vandalism,malicious mischief, collapse,earthquake, flood, windstorm, falsework, testing and startup,temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements,and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. § 11.3.1.2 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 If the property insurance requires deductibles,the Owner shall pay costs not covered because of such deductibles. § 11.3.1.4 This property insurance shall cover portions of the Work stored off the site,and also portions of the Work in transit. 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 { Init. Institute of Architects.All rights reserved.WARNING:This AlA' 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 AIA software at 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) § 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise.The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall,without mutual written consent,take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. § 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, and the Owner and Contractor shall be named insureds. § 11.3.3 LOSS OF USE INSURANCE The Owner,at the Owner's option,may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards,however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other _t hazards however caused. § 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy,the Owner shall, if possible, include such insurance,and the cost thereof shall be charged to the Contractor by appropriate Change Order. § 11.3.5 If during the Project construction period the Owner insures properties,real or personal or both,at or j adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period,the Owner shall waive all rights in accordance with the terms of Section 11.3.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All a separate policies shall provide this waiver of subrogation by endorsement or otherwise. § 11.3.6 Before an exposure to loss may occur,the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable conditions,definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire,and that its limits will not be reduced, until at least 30 days' prior written notice has been given to the Contractor. § 11.3.7 WAIVERS OF SUBROGATION The Owner and Contractor waive all rights against(1)each other and any of their subcontractors, sub-subcontractors,agents and employees, each of the other,and(2)the Architect,Architect's consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub-subcontractors,agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work,except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor,as appropriate, shall require of the Architect,Architect's consultants, separate contractors described in Article 6, if any, and the subcontractors, -1 sub-subcontractors,agents and employees of any of them,by appropriate agreements,written where legally required for validity, similar waivers each in favor of other parties enumerated herein.The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification,contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. — § 11.3.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds,as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 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. AIA Document A201T"—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 32 ,7 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 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) § 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 for proper performance of the Owner's duties.The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received,which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience,replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 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. § 11.4 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 expressed in the Contract Documents, it must, if requested in writing by the Architect,be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered,the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall,by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. § 12.2 CORRECTION OF WORK § 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION • The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed.Costs of correcting such rejected Work, including additional testing and inspections,the cost of uncovering and replacement,and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. § 12.2.2 AFTER SUBSTANTIAL COMPLETION § 12.2.2.1 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 a written acceptance of such condition.The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction,the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct 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 33 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 13.13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) 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 completion of that 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 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. § 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 —1 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 except that, if the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 15.4. § 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. § 13.2.2 The Owner may,without consent of the Contractor,assign the Contract to a lender providing construction _ financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. § 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 registered or certified mail or by courier service providing proof of delivery to,the last business address known to the party giving notice. 1 § 13.4 RIGHTS AND REMEDIES § 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations,rights and remedies otherwise imposed or available by law. 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 34 j 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 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale 1 User Notes: (1281774422) ! § 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 § 13.5.1 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 with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals.The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures.The Owner shall bear costs of(1)tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded,and(2)tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 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 Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 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 Architect's services and expenses shall be at the Contractor's expense. § 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. § 13.6 INTEREST Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. § 13.7 TIME LIMITS ON CLAIMS The Owner and Contractor shall commence all claims and causes of action, whether in contract,tort,breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 TERMINATION BY THE CONTRACTOR § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; 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 35 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 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) 1 .2 An act of government,such as a declaration of national emergency that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1,or because the Owner has not 1 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. - s § 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 - I by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion,or 120 days in any 365-day period,whichever is less. § 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 4 executed, including reasonable overhead and profit,costs incurred by reason of such termination,and damages. § 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 to matters important to the progress of the Work,the Contractor may, upon seven additional I I days' written notice to the Owner and the Architect,terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 TERMINATION BY THE OWNER FOR CAUSE §14.2.1 The Owner may terminate the Contract if the Contractor , v� .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 J orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the above reasons exist,the Owner, upon certification by the Initial Decision Maker that sufficient cause exists to justify such action,may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice,terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment,tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4;and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor,the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 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 Architect's services and expenses made necessary thereby,and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner.The amount to be paid to the Contractor or Owner,as the case may be, shall be certified by the Initial Decision Maker, upon application,and this obligation for payment shall survive termination of the Contract. 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 36 { reproduction or distribution of this AIAx' 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 13 13 02 on 12/04/2014 under Order No.9950279060_1 which expires on 06/18/2015,and is not for resale. User Notes: (1281774422) j 1 § 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § 14.3.1 The Owner may,without cause,order the Contractor in writing to suspend,delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 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 .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE § 14.4.1 The Owner may, at any time,terminate the Contract for the Owner's convenience and without cause. § 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience,the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice,terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner's convenience,the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination,along with reasonable overhead and profit on the Work not executed. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 CLAIMS § 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 rest with the party making the Claim. § 15.1.2 NOTICE OF CLAIMS Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3 CONTINUING CONTRACT PERFORMANCE Pending final resolution of a Claim,except as otherwise agreed in writing or as provided in Section 9.7 and Article 14,the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents.The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker. § 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 be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.5 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 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. 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 Init. Institute of Architects.All rights reserved.WARNING:This AlA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 37 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 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) 1 ii j § 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. • § 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES �S The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract.This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income,profit, financing, business and reputation,and for loss of management or employee productivity or of the services of such persons;and .2 damages incurred by the Contractor for principal office expenses including the compensation of •-1 personnel stationed there, for losses of financing,business and reputation,and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination in accordance with Article 14.Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of I liquidated damages,when applicable, in accordance with the requirements of the Contract Documents. § 15.2 INITIAL DECISION § 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9,and 11.3.10, 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 arising prior to the date final payment is due,unless 30 j 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. J § 15.2.3 In evaluating Claims,the Initial Decision Maker may,but shall not be obligated to,consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision.The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional § q P Y P P su PP o rtm data, such respond,within ten days after receipt of such request,and shall either(1)P rovide 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 change in the Contract Sum or Contract Time or both.The initial decision shall be final and binding • 1 on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation,to binding dispute resolution. "1 § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. 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 38 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 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) § 15.2.6.1 Either party may, within 30 days from the date of an initial decision, demand in writing that the other party file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the demand fails to file for mediation within the time required,then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 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 mechanic's lien,the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 MEDIATION § 15.3.1 Claims,disputes, or other matters in controversy arising out of or related to the Contract except those • waived as provided for in Sections 9.10.4, 9.10.5,and 15.1.6 shall be subject to mediation as a condition precedent to binding dispute resolution. 1 § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract,and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2,the parties may nonetheless proceed to the selection of the arbitrator(s)and agree upon a schedule for later proceedings. § 15.3.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.4 ARBITRATION § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement,any Claim subject to, but not resolved by, mediation shall be subject to arbitration which,unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement.A demand for arbitration shall be made in writing, delivered to the other party to the Contract,and filed with the person or entity administering the arbitration.The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 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 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 39 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 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) J 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). § 15.4.4.2 Either party,at its sole discretion,may include by joinder persons or entities substantially involved in a f common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder.Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim,dispute or other matter in question not described in the written consent. § 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. , 1 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 Init. Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 40 i 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 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale - User Notes: (1281774422) J Additions and Deletions Report for AIA Document A201 TM— 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 13.13.02 on 12/04/2014 There are no differences. • ■ i y 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 AIA` Document is protected by U.S.Copyright Law and 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 13 13 02 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) ,! Certification of Document's.Authenticity AIA® Document D401114 — 2003 r I,Kristi Essman,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 13:13:02 on 12/04/2014 under Order No. 9950279060_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 A201TM—2007,General Conditions of the Contract for Construction,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) 11 �J - 1 • 1 1 AIA Document D401 T"—2003.Copyright©1992 and 2003 by The American 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 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 13 13 02 on 12/04/2014 under Order No.9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1281774422) - IIL&Ilk Document G701 TM - 2001 Change Order PROJECT(Name and address): CHANGE ORDER NUMBER: OWNER:❑ DATE: ARCHITECT:❑ TO CONTRACTOR(Name and address). ARCHITECT'S PROJECT NUMBER: CONTRACTOR:❑ CONTRACT DATE: FIELD:❑ CONTRACT FOR:General Construction OTHER:❑ THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) The original Contract Sum was $ 0.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 0.00 The Contract Sum will be increased by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ 0.00 The Contract Time will be increased by Zero(0)days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE:This Chanee Order does not include changes in the Contract Sum,Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. ARCHITECT(Firm name) CONTRACTOR(Firm name) OWNER(Firm name) ADDRESS ADDRESS ADDRESS BY(Signature) BY(Signature) BY(Signature) (Typed name) (Typed name) (Typed name) DATE DATE DATE AIA Document G701"—2001.Copyright m 1979,1987,2000 and 2001 by The American Institute of Architects.All rights reserved.WARNING:This AIA` Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any 1 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 13 16 50 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1766283597) „,� ® TM MEM e� Document G709 - 2001 Work Changes Proposal Request PROJECT(Name and address): PROPOSAL REQUEST NUMBER: OWNER:❑ • DATE OF ISSUANCE: ARCHITECT:❑ CONSULTANT: ❑ OWNER(Name and address): CONTRACT FOR: General Construction CONTRACTOR: ❑ CONTRACT DATE: FIELD: ❑ FROM ARCHITECT(Name and ARCHITECT'S PROJECT NUMBER: 1204 OTHER:❑ address): _, TO CONTRACTOR(Name and address): Please submit an itemized proposal for changes in the Contract Sum and Contract Time for proposed modifications to the Contract Documents described herein.Within Zero(0)days,the Contractor must submit this proposal or notify the Architect, in writing, of the date on which proposal submission is anticipated. THIS IS NOT A CHANGE ORDER,A CONSTRUCTION CHANGE DIRECTIVE OR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED IN THE PROPOSED MODIFICATIONS. DESCRIPTION (Insert a written description of the Work): ATTACHMENTS(List attached documents that support description): REQUESTED BY THE ARCHITECT: (Signature) (Printed name and title) AIA Document G709T”'—2001.Copyright©1993 and 2001 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 AIA Document,or any portion of it,may j 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 13 18 30 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1433293112) ai IIA1A® Document 6710 TM - 1992 Architect's Supplemental Instructions PROJECT (Name and address): ARCHITECT'S SUPPLEMENTAL OWNER: ❑ INSTRUCTION NO: ARCHITECT:❑ CONSULTANT: ❑ OWNER(Name and address): DATE OF ISSUANCE: CONTRACTOR: ❑ CONTRACT FOR: General Construction FIELD: ❑ FROM ARCHITECT (Name and CONTRACT DATE: OTHER:❑ address): TO CONTRACTOR(Name and ARCHITECT'S PROJECT NUMBER: address): 1204 The Work shall be carried out in accordance with the following supplemental instructions issued in accordance with I the Contract Documents without change in Contract Sum or Contract Time. Proceeding with the Work in accordance with these instructions indicates your acknowledgment that there will be no change in the Contract Sum or Contract Time. DESCRIPTION: ATTACHMENTS: (Here insert listing of documents that support description.) ISSUED BY THE ARCHITECT: (Signature) (Printed name and title) AIA Document G710T"—1992.Copyright©1979 and 1992 by The American Institute of Architects.All rights reserved„WARNING:This Ale Document is _ I, protected by U.S.Copyright Law and international Treaties,Unauthorized reproduction or distribution of this AIA" Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 13 19 25 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1818714929) DocEAJAU;IG7TM - 1972 Shop Drawing and Sample Record PROJECT: ARCHITECT PROJECT NO.: CONTRACTOR: REFERRED ACTION COPIES"1'O SPEC SECTION# 0 ¢ F 0 O CONTRACTOR 0 w 0 ' -- DATE TITLE SUBCONTRACTOR w Q DATE E p > v7 W < RET'D ua Q a Lu REC'D SI-10P DWG 1RADl. TO DA FE SENT REVD OR SAMPLE Z u� C 0 O 0 ¢ U 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 AIA Document G712Tm—1972.Copyright©1972 by The American Institute of Architects.All rights reserved.WARNING:This AIA` Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will he prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13 20 30 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1162235444) •AIA Document G714 — 2007 Construction Change Directive PROJECT: (Name and address) DIRECTIVE NUMBER: OWNER: ❑ DATE: ARCHITECT:❑ ,4 CONTRACT FOR:General Construction TO CONTRACTOR: (Name and address) CONTRACT DATED: CONSULTANT: ❑ ARCHITECT'S PROJECT NUMBER: 1204 CONTRACTOR: ❑ FIELD: ❑ OTHER: ❑ 4,l You are hereby directed to make the following change(s) in this Contract: (Describe briefly any proposed changes or list any attached information in the alternative) PROPOSED ADJUSTMENTS 1. The proposed basis of adjustment to the Contract Sum or Guaranteed Maximum Price is: •Lump Sum decrease of$0.00 ❑ •Unit Price of$ per ❑ •As provided in Section 7.3.3 of AIA Document A201-2007 ❑ •As follows: ( 2. The Contract Time is proposed to(remain unchanged).The proposed adjustment, if any, is 0 days. When signed by the Owner and Architect and received by the Contractor,this document Contractor signature indicates agreement becomes effective IMMEDIATELY as a Construction Change Directive(CCD),and the with the proposed adjustments in Contract Contractor shall proceed with the change(s)described above. Sum and Contract Time set forth in this CCD. ARCHITECT (Firm name) OWNER(Firm name) CONTRACTOR(Firm name) ADDRESS ADDRESS ADDRESS BY(Signature) BY(Signature) BY(Signature) (Typed name) (Typed name) (Typed name) DATE DATE DATE t � AIA Document G714T"—2007.Copyright©2001 and 2007 by The American Institute of Architects.All rights reserved.WARNING.This AIA" Document is protected by U.S.Copyright Law and International Treaties,Unauthorized reproduction or distribution of this Al,e 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 13 21 45 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1815702337) =l¢$1. = A Document G704 TM - 2000 Certificate of Substantial Completion PROJECT: PROJECT NUMBER: / OWNER❑ (Name and address) CONTRACT FOR: CONTRACT DATE: ARCHITECT:❑ CONTRACTOR❑ TO OWNER: TO CONTRACTOR: (Name and address) (Name and address) FIELD'❑ OTHER.❑ PROJECT OR PORTION OF THE PROJECT DESIGNATED FOR PARTIAL OCCUPANCY OR USE SHALL INCLUDE: The Work performed under this Contract has been reviewed and found,to the Architect's best knowledge,information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or designated portion is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use.The date of Substantial Completion of the Project or portion designated above is the date of issuance established by this Certificate,which is also the date of commencement of applicable warranties required by the Contract Documents,except as stated below: Warranty Date of Commencement ARCHITECT BY DATE OF ISSUANCE A list of items to be completed or corrected is attached hereto.The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.Unless otherwise agreed to in writing,the date of commencement of warranties for items on the attached list will be the date of issuance of the final Certificate of Payment or the date of final payment. Cost estimate of Work that is incomplete or defective:$0.00 The Contractor will complete or correct the Work on the list of items attached hereto within Zero(0)days from the above date of Substantial Completion. • CONTRACTOR BY DATE The Owner accepts the Work or designated portion as substantially complete and will assume full possession at (time)on (date). OWNER BY DATE The responsibilities of the Owner and Contractor for security,maintenance,heat, utilities,damage to the Work and insurance shall be as follows: (Note. Owner's and Contractor's legal and Insurance counsel should determine and review insurance requirements and coverage) AIA Document G704'"'—2000.Copyright m 1963, 1978,1992 and 2000 by The American Institute of Architects.All rights reserved.WARNING:This AIA` Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any 1 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 13 22 58 on 12/04/2014 under Order No 9950279060_1 which expires on 06/18/2015,and is not for resale User Notes: (1416382017) WINCO FOODS, LLC 11/13 SUPPLEMENTARY CONDITIONS TO AIA DOCUMENT A201, 2007 EDITION, "GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION" SUPPLEMENTARY CONDITIONS The following conditions modify, change, delete from or add to the preceeding "General Conditions of the Contract for Construction", AIA Document A201, 2007 Edition. Where any Article of the General Conditions is modified or any Paragraph, Subparagraph or Clause thereof is modified or deleted by these Supplementary Conditions, the unaltered portions of that Article, Paragraph, Subparagraph or Clause shall remain in effect. ARTICLE 2; OWNER 2.2 Information and Services Required of the Owner Delete subparagraph 2.2.2 and substitute the following: 2.2.2 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures, or for permanent changes in existing facilities. The Owner shall secure and pay for the following: 1. Plan Check fees and Building Permit fees. 2. Electrical connection fee. 3. Water hook-up fee. 4. Sanitary sewer hook-up fee. 5. Storm sewer connection fee. 6. Impact fees. Delete subparagraph 2.2.5 and substitute the following: 2.2.5 Reference the Invitation to Bidders or Invitation for Negotiated Bid, Specification Sections 001000 for information concerning Construction Documents issued to the Contractor. ARTICLE 3; CONTRACTOR 3.4 Labor and Materials Add the following Subparaeraphs 3.4.2.1 and 3.4.2.2 to 3.4: 3.4.2.1 After the Contract has been executed, the Owner and the Architect will consider a formal request for the substitution of products in place of those specified only under the conditions set forth in the General Requirements of the Specifications (Divisionl). .1 Required product cannot be supplied in time for compliance with Contract time requirements. WINCO STORE NO. 23 (Bakery Alcove) SUPPLEMENTARY CONDITIONS SC - 1 WINCO FOODS, LLC 11/13 _ I , j .2 Required product is not acceptable to governing authority, or determined to be non-compatible, or cannot be properly coordinated, warranted or insured, or has other recognized disability as certified by Contractor. .3 Substantial advantage is offered Owner after deducting offsetting disadvantages including delays, additional compensation to Architect/Engineer for redesign, investigation, evaluation and other necessary services, and similar consideration. 3.4.2.2 By making requests for substitutions based on Clause 3.4.2.1.3 above,the Contractor: .1 represents that he has personally investigated the proposed substitute product and determined that it is equal or superior in all respects to that specified; -- .2 represents that he will provide the same warranty for the substitution that he would for that - specified; .3 certifies that the cost data presented is complete and includes all related costs under separate contracts, but excludes that Architect's redesign costs, and waives all claims for additional costs related to the substitution which subsequently become apparent; and .4 will coordinate the installation of the accepted substitute, making such changes as may be required for the Work to be complete in all respects. 3.7 Permits,Fees,Notices, and Compliance with Laws Delete subparagraph 3.7.1 and substitute the following 3.7.1 Unless otherwise provided in the Contract Documents, and not specifically identified as the Owner's responsibility by subparagraph 2.2.2; the Contractor shall secure and pay for all other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. Add to 3.7.4 the following: 3.7.4.1 No adjustment in the Contract Time or Contract Sum shall be permitted, however, in connection with a concealed or unknown condition which does not differ materially from those conditions disclosed or which reasonably should have been disclosed by the Contractor's (1) prior inspections, tests, reviews and preconstruction services for the Project, or(2) inspection, tests, reviews, and preconstruction services which the Contractor had the opportunity to make or should have performed in connection with the Project. ARTICLE 7; CHANGES IN THE WORK 7.2 Change Orders Add to 7.2 the following: 7.2.2 Agreement on any Change Order shall constitute a final settlement of all matters relating to the .M change in the Work which is the subject of the Change Order, including but not limited to, all direct and indirect costs associated with such change and any and all adjustments to the Contract Sum and the construction schedule. In the event a Change Order increases the Contract Sum, the Contractor shall WINCO STORE NO. 23 (Bakery Alcove) SUPPLEMENTARY CONDITIONS SC - 2 WINCO FOODS, LLC 11/13 include the Work covered by such Change Order in Application for Payment as a separate line item entry on the Schedule of Values for the Project. 7.3 Construction Change Directives Add to subparagraph 7.3.5 the following: In the second line after the word "Architect" insert the following words: "in writing within forty-eight hours".... The balance of the subparagraph remains unchanged. Delete subparagraph 7.3.7 and substitute the following: 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum an allowance for overhead, and profit; including General Conditions and all other indirect costs including general office and temporary facilities as set forth in subparagraph 7.3.11 below. In all such instances in which the cost of Work is relevant, the Contractor shall keep and present full and complete records of all costs incurred, or costs avoided, and shall present to the Owner an itemized accounting thereof in the form as instructed, by the Architect. Unless otherwise provided in the Contract Documents, costs for the purposes of the Subparagraph 7.3.7 shall be limited to the following: .1 actual labor hours worked by Contractor and any subcontractors, charged to the Project at the actual hourly rate paid the employee performing the Work, plus the actual costs for fringe benefits, payroll taxes and insurance; the Contractor and such subcontractor's billing rates for labor rates, payroll taxes, payroll insurance and fringe benefits will be submitted and approved by the Owner prior to subcontractor's commencement of Work; .2 costs of materials, or equipment incorporated into the work including sales tax and cost of delivery; at the actual cost thereof as documented by actual material supplier invoice slips; .3 actual rental and operation costs for equipment, and actual equipment operation hours. The hourly rate will be based upon the actual rental rate charged the Contractor or subcontractor by an unrelated third party; or if the equipment is Contractor or subcontractor owned, then one-half the Blue Book hourly rental rate effective as of January 1, 2007, plus full value Blue Book estimated operating costs per hour. Small tools and consumables are defined as an item of equipment or tool which initial cost is five hundred dollars ($500.00) or less and is paid as part of subparagraph 7.3.11; and if any equipment is not listed in the Blue Book, then such rental rate shall be agreed upon by the parties; Add the following subparagraphs 7.3.11. 7.3.12. 7.3.13 and 73.14 to paragraph 7.3: 7.3.11 In subparagraph 7.3.7 the allowance for overhead and profit combined includes supervision, superintendence, taxes, insurance, bonds, small tools, permit fees, incidentals, general office expense, field office/temporary facilities expenses and all other expenses not included above, then no amounts other than costs as defined by subparagraphs 7.3.7.1, 7.3.7.2 and 7.3.7.3 and overhead and profit as defined herein shall be included in the total cost to the Owner. The allowance for overhead and profit shall be based on the following schedule: .1 For the Contractor, for any Work performed by the Contractor's own work force, 10 percent of the cost for any single item costing up to $10,000. For any single item costing more than $10,000, 10 percent on the first$10,000 and 5 percent of the amount over$10,000. WINCO STORE NO. 23 (Bakery Alcove) SUPPLEMENTARY CONDITIONS SC - 3 WINCO FOODS, LLC 11/13 .2 For the Contractor, for Work performed by the Contractor's Subcontractor, 10 percent of the amount due the Subcontractor for any single item costing up to $10,000. For any single item costing more than $10,000, 10 percent on the first $10,000 and 5 percent of the amount over $10,000. .3 For each Subcontractor or Sub-subcontractor involved, for any Work performed by the Subcontractor's or Sub-subcontractor's own forces, 10 percent of the amount due for single item costing up to $10,000. For any single item costing more than $10,000, 10% on the first $10,000 and 5%of the amount over$10,000. .4 For each Subcontractor, for Work performed by the Subcontractor's Sub-contractor, 5 percent of the amount due the subcontractor. .5 There will not be allowed more than three percentages, not to exceed the maximum percentages shown above, regardless of the number of tiered subcontractors. .6 Cost to which overhead and profit is to be applied shall be determined in accordance with Subparagraph 7.3.7. .7 In order to facilitate checking of quotations for extras or credits, all proposals, except those so minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs including labor, materials and Subcontracts. Labor and materials shall be itemized in the manner prescribed above. Where major costs items are Subcontracts, they shall be itemized also. 7.3.12 The Contractor's request for Change Order with appropriate supporting data as described in Subparagraph 7.3.7 and with applicable Proposal Request for and/or A.I.A. Document G714 attached shall be expeditiously priced, assembled and sent by the Contractor to the Architect. One complete copy of the Contractor's Change Order request with all supporting data shall be sent at the same time to the Owner's Representative. 7.3.13 Each request for a Change Order for extra compensation under this paragraph shall be completed and delivered to the Owner and Architect within thirty (30) calendar days after such change or additional work is identified. To the extent the cost of impacts, delay or hindrance to unchanged work are known at the time of performing the Work, such Change Order shall fully compensate the Contractor. Any request or claim for impact costs, delay or hindrance must be made within five (5) calendar days of the event from which the claim arises and will be processed in accordance with Article 15.1. 7.3.14 The Contractor shall include equivalent provisions to subparagraph 7.3.7 in each subcontract and purchase order the Contractor may issue with respect to the Work, and in such instance the cost of the Work to the extent such changed or additional Work has been subcontracted or is being furnished or performed by supplier of materials shall include such monies as may be due the subcontractor or supplier based upon cost of the Work to such subcontractor or supplier, determined in accordance with the provisions of the Article. ARTICLE 8; TIME 8.1 Definitions After Paragraph 8.1.1 Add the following paragraph 8.1.1.1: WINCO STORE NO. 23 (Bakery Alcove) SUPPLEMENTARY CONDITIONS SC -4 I j WINCO FOODS, LLC 11/13 8.1.1.1 The Contractor shall substantially complete the work as defined by paragraph 9.8.1 within 10 consecutive calendar days after the Notice to Proceed as defined by Paragraph 8.1.2. In subparagraph 8.1.2, in the first sentence, delete the word "Agreement" and substitute the words "Notice to Proceed". 8.3 Delays and Extensions of Time Delete subparagraph 8.3.3 and substitute the following: 8.3.3 Notwithstanding anything to the contrary in the Contract Documents, an extension in the Contract Time, to the extent permitted under Paragraph 8.3.1, shall be the sole remedy of the Contractor for any of the following: .1 delay in commencement,prosecution completion of the Work; .2 hindrance or obstruction in the performance of the Work; .3 loss of productivity; or .4 other similar claims (collectively referred to in this subparagraph 8.3.3 as Delays). This will be the remedy whether or not such Delays are foreseeable, unless a Delay is caused by acts of the Owner constituting active interference with the Contractor's performance of the Work, and only to the extent such acts continue after the Contractor furnishes the Owner with written notice of such interference. In no event shall the Contractor be entitled to any compensation or recovery of any damages, in connection with any Delay, including, without limitation, consequential damages, lost opportunity costs, impact damages or other similar remuneration. The Owner's exercise of any of its rights or remedies under the Contract Documents including, without limitation, ordering changes in the Work, or directing suspension, rescheduling or correction of the Work, and regardless of the extent or frequency of the Owner' exercise of such rights or remedies, shall not be construed as active interference with the Contractor's performance of the Work. Further notwithstanding anything to the contrary in the Contract Documents, the Owner and the Contractor recognize that in the event the Contractor fails to achieve Substantial Completion of the Project by the Projected Completion Date (plus any proper extension granted pursuant to a Change Order issued under paragraph 8.3.1.), the Owner will incur substantial damages and the extent of such damages shall be incapable of accurate measurement. Nonetheless, the Owner and the Contractor acknowledge that on the date of this Contract, the amount of this Contract, the amount of liquidated damages set forth below represents a good faith estimate as to the actual potential damages that the Owner will incur as a result of late Substantial Completion of the Project. Such liquidated damages shall be the sole and exclusive remedy of the Owner for late completion of the Project, and the Owner hereby expressly waives all other remedies available at law or in equity with respect to losses resulting from late completion. The amount of the liquidated damages calculated hereunder does not include any penalty. This liquidated damages Clause covers delay damages only and the Owner reserves the right to recover from the Contractor all other damages the Owner may incur as a result of any breach of this Contract, including but not limited to direct damages, consequential damages, attorneys' fees and costs. The Owner and the Contractor agree that the Contractor shall pay the Owner, as liquidated damages for delay, the following amount for each day that expires after the Projected Completion Date (plus any proper extension granted pursuant to a Change Order issued under paragraph 8.3.1) until such time as all requirements for Substantial Completion have been satisfied by the Contractor: $5,000 per day. WINCO STORE NO. 23 (Bakery Alcove) SUPPLEMENTARY CONDITIONS SC - 5 WINCO FOODS, LLC 11/13 Add the following subparagraphs 8.3.4 to paragraph 8.3. 8.3.4 If the Contractor submits a progress report indicating, or otherwise expressing an intention to achieve completion of the Work prior to any completion date required by the Contract Documents or expiration of the Contract Time, no liability of the Owner to the Contractor for any failure of the Contractor to so complete the Work shall be created or implied. ARTICLE 9; PAYMENTS AND COMPLETION 9.3 Applications for Payment 9.3.1 Add the following Sentence: The form of Application for Payment shall be AIA Document G702, 1992 Edition, Application and Certification for Payment, supported by AlA Document G703, 1992 Edition, Continuation sheet. Include �f State Sales Tax on all application for payments continuation sheets. 9.3.1.3 Until substantial completion, the Owner will pay ninety percent (90%) of the amount due the Contractor on account of progress payments. 9.6 Progress Payments 9.6.1.1 Progress Payments shall fall due on or about the 10th day of each month (10 days after receipt of the Application for Payment by the Architect. 9.8 Substantial Completion Add the following Sentence to the end of the Paragraph 9.8.5:19 — Il The payment shall be sufficient to increase the total payment to ninety-five percent (95%) of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims. ARTICLE 10; PROTECTION OF PERSONS AND PROPERTY 10.3 Hazardous Materials Add to 10.3.1 the following: 10.3.1.1 Reference to asbestos or polychlorinated biphenyl (PCB) in this Article does not negate the appropriate abatement of asbestos and PCB-containing materials as specifically required by the Contract Documents. �1 ARTICLE 11; INSURANCE AND BONDS Add the following Clause 11.1.2.1 to 11.1.2: WINCO STORE NO. 23 (Bakery Alcove) SUPPLEMENTARY CONDITIONS SC - 6 WINCO FOODS, LLC 11/13 11.1.2.1 The insurance required by Subparagraph 11.1.1 shall be written for not less than the following limits: 1. Workers' Compensation: (a) State: Statutory (b) Applicable Federal: Statutory (c) Employer's Liability: $100,000 per Accident 2. Comprehensive General Liability (Including Premises-Operations; Independent Contractors' Protective; Products and Completed Operations; Broad Form Property Damage: (a) Combined single limits for bodily injury and property damage: $2,000,000 Each Occurrence $2,000,000 Annual Aggregate (b) Property Damage Liability Insurance will provide X, C or U coverage as applicable. 3. Contractual Liability: (a) Bodily Injury: $2,000,000 Each Occurrence (b) Property Damage: $2,000,000 Each Occurrence $2,000,000 Annual Aggregate 4. Personal Injury, with Employment Exclusion deleted: $2,000,000 Annual Aggregate 5. Comprehensive Automobile Liability: (a) Combined Single Limits for bodily injury and property damage: $1,000,000 Each Occurrence $1,000,000 Annual Aggregate Add the followirw Clause 11.1.3.1 to 11.1.3: 11.1.3.1 The Contractor shall furnish one copy each of Certification of Insurance herein required for each copy of the Agreement which shall specifically set forth evidence of all coverage required by Subparagraphs 11.1.1, 11.1.2 and 11.1.3. The Contractor shall furnish to the Owner copies of any endorsements that are subsequently issued amending coverage or limits. WINCO STORE NO. 23 (Bakery Alcove) SUPPLEMENTARY CONDITIONS SC - 7 WINCO FOODS, LLC 11/13 Add the following: 11.1.5 The following shall be named as additional insured on all insurance policies and so indicated on Certificates: (a) WinCo Foods,L.L.C. (b) Bruce W. Petersen,NCARB 11.3 Property Insurance(Builders Risk) Delete subparagraph 11.3.1, 1 1.3.1.1, 11.3.1.2, and 11.3.1.3 in its entirety and substitute the following: 11.3.1 The Contractor shall purchase and maintain property insurance upon the entire work at the site to the full insurable value thereof. Such insurance shall be a company or companies against which the Owner has no reasonable objection. This insurance shall include the interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work and shall include"All Risk" insurance for physical loss or damage including, without duplication of coverage, theft, vandalism and malicious mischief. If not covered under All Risk insurance or otherwise provided in the Contract Documents, the Contractor shall effect and maintain similar property insurance on portions of the Work stored off the site or in transit when such portions of the Work are to be included in an Application for Payment under Subparagraph 9.3.2. Name as additional insured those parties listed in paragraph 11.1.5. Add the following Clause 11.3.1.1 to 1 1.3.]: i 11.3.1.1 The form of policy for this coverage shall be"Completed Value". Add the following Clause 11.3.1.2 to 11.3.1: 11.3.1.2 If by the terms of this insurance any mandatory deductibles are required, or if the Contractor should elect, with the concurrent of the Owner, to increase the mandatory deductible amounts, the Contractor shall be responsible for payment of the amount of the deductible in the event of a paid claim. Maximum deductible shall be $2,500.00 per occurrence. Add the following Clause 1 l.3.1.3 to 11.3.1: 11.3.1.3 The Contractor shall file two certified copies of all policies with the Owner before exposure to loss can occur. If the Owner is damaged by the failure of the Contractor to maintain such insurance and to so notify the Owner,then the Contractor shall bear all reasonable costs properly attributable thereto. 11.3.4 Delete this subparagraph in its entirety. Add to Article 11 the following: 11.5 Indemnity 11.5.1 The Contractor shall indemnify, defend and save harmless the Owner, the Architect, and the Architect's Consultants from and against all claims, damages, costs, legal fees, expenses, actions and suits whatsoever including injury or death of others or any employee of the Contractor, subcontractors, or the sub-subcontractors, agents or employees, caused by failure to comply fully with any term or condition of the contract, or caused by damage to or loss of use of property, directly or indirectly, by the carrying out of the work, or caused by any matter or thing done, permitted or omitted to be done by the Contractor, his WINCO STORE NO. 23 (Bakery Alcove) SUPPLEMENTARY CONDITIONS SC -8 WINCO FOODS, LLC 11/13 agents, subcontractors or employees and occasioned by the negligence of the Contractor, his agents, subcontractors or employees. ARTICLE 15; CLAIMS AND DISPUTES 15.1 Claims Delete subparagraph 15.1.2 and substitute the following: 15.1.2 Notice of Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claims or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Provided, however, that the claimant shall use his best efforts to furnish the Architect and the other party, as expeditiously as possible, with notice of any Claim including, without limitation, those in connection with concealed or unknown conditions, once such claim is identified, and shall cooperate with the Architect and the other party against whom the Claim is made in any effort to mitigate the alleged or potential damages, delay or other adverse consequences arising out of the condition which is the cause of such a Claim. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. Add to 15.1.4 the following: 15.1.4.1 The parties agree that an integral part of this agreement is the ability to resolve claims and disputes in a timely manner. To achieve this timely resolution, the parties agree to establish a set cost allowance for delays and time extensions. There will be no additional allowance for equitable adjustment for any general conditions. Costs of mobilization, demobilization, layout, temporary facilities, equipment, home office, or field overhead costs (extended overhead)or other costs of supervision herein relating to change orders, time extensions, or delays, other than as set for the in this paragraph. The Owner will pay only for the following verifiable costs associated with the time extension or delay; 1) the actual labor costs, fringe benefits, employment taxes and insurance related to the Project Superintendent; 2) the cost associated with the fair rental value of the Project Superintendent's vehicle directly related to the time extension; 3)the direct costs attributable to the extension for the field office facility including telephone line, utilities, power, lights, water, and sewer(toilets). Mark-up on these costs will not be allowed. Add to 15.1.5.1 the following: All claims for costs related to claims for additional time shall be pursuant to paragraph. END OF SUPPLEMENTARY CONDITIONS WINCO STORE NO. 23 (Bakery Alcove) SUPPLEMENTARY CONDITIONS SC - 9 WINCO FOODS, LLC 04/14 SECTION 003000—BID FORM WINCO STORE NO. 23 (Bakery Alcove) 7501 Dartmouth Street Tigard, Oregon In response to and in compliance with the invitation to bidders for the above referenced store, the undersigned bidder having examined the contract documents and all related information along with any local conditions that affect the project construction, performance and costs and fully inspected the site for all particulars, hereby proposes to execute the work in the time period stated and agrees to furnish all Labor, Materials, Services & Equipment to complete the work in compliance with the contract documents for the following amount of money: Base Bid: The proposed bidder agrees to furnish all Labor, Materials, Services and Equipment necessary to complete the work shown on the drawings and specifications for the sum of: CONTRACTOR NOTE: All work inside Building/Site Limit Line. Building Dollars $ Total Base Bid Dollars $ CONTRACTOR NOTE: Fill in State Sales Tax if applicable. Do not include in the base bid. State Sales Tax(Not included in Base Bid) Dollars $ Alternates: See Section 12300 for definitions and schedule of alternates. Alternate No. 1: Bond Alternate: Deduct amount if WinCo Foods, LLC chooses to waive the Payment Bond and the Performance Bond. Deduct( Dollars)($ ) WINCO STORE NO. 23 (Bakery Alcove) BID FORM 003000- 1 WINCO FOODS, LLC 04/14 ACKNOWLEDGEMENTS: _Y The undersigned bidder agrees to hold this bid open and shall not be with drawn for a period of thirty (30) days form the bid opening date. The undersigned bidder agrees and understands that WinCo Foods, LLC has the right to reject this bid and/or waive any and all irregularities in the bidding process. The undersigned bidder agrees to complete the work within 10 consecutive calendar days. Upon written notice of the acceptance of this bid, the undersigned bidder shall execute and deliver the attached contract for construction ( ) along with the Labor and Material Bond and Performance Bond and proof of insurance coverage all within - ten(1 0)days of the date of receipt of the acceptance. ADDENDA: Acknowledge receipt of Addenda by listing the Number and Date of the Addendum. — BIDDER IDENTIFICATION: NAME OF BIDDER: ADDRESS: AUTHORIZED SIGNATURE: NAME AND TITLE: --1 DATE: SEAL IF CORPORATION: END OF SECTION 003000 WINCO STORE NO. 23 (Bakery Alcove) BID FORM 003000-2 WINCO FOODS, LLC 03/13 41% C FOODSAn Employee On'ired company Disposed Equipment Log WinCo Store No: Date: Store Address: Contractor: Phone: E-mail: Asset Transfer Department Item Description Model Serial No. Manufacturer Date Removed Yes No Store No. WINCO STORE NO. 23 (Bakery Alcove) DISPOSED EQUIPMENT LOG FORM 011000A-1 DISPOSED EQUIPMENT LOG (CONTINUED) WINCO FOODS, LLC 03/13 Asset Transfer Department Item Description Model Serial No. Manufacturer Date Removed Yes No Store No. Comments: WINCO STORE NO. 23 (Bakery Alcove) DISPOSED EQUIPMENT LOG FORM 011000A-2 �_-� �- -- - —' I 1 WINCO FOODS, LLC 10/13 SECTION 011000- SUMMARY PART 1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Work covered by the Contract Documents. 2. Type of the Contract. 3. Work phases. 4. Work under other contracts. 5. Products ordered in advance. 6. Owner-furnished products. 7. Identify Disposed Equipment. 8. Use of premises. 9. Owner's occupancy requirements. 10. Work restrictions. 11. Specification formats and conventions. B. Related Sections include the following: 1. Division 01 Section "Multiple Contract Summary" for division of responsibilities for the Work. 2. Division 01 Section "Temporary Facilities and Controls" for limitations and procedures governing temporary use of Owner's facilities. 1.3 WORK COVERED BY CONTRACT DOCUMENTS A. Project Identification: WinCo Store No. 23 (Bakery Alcove)Tigard, Oregon B. Owner: WinCo Foods, LLC; 650 N. Armstrong Place, Boise, Idaho 83704 1. Owner's Representative: The owner's Construction Manager shall be the owner's primary contact during construction. The Construction Manager will be identified at the preconstruction conference. C. Architect: Bruce W. Petersen, NCARB, 5200 W. State Street, Boise, Idaho 83703; Chad E. Pollock, NCARB, Project Architect. The Architect will be the primary contact for interpretation of the contract documents. D. The Work consists of the following: WINCO STORE NO. 23 (Bakery Alcove) SUMMARY 011000 - 1 WINCO FOODS, LLC 10/13 1. The Work includes remodeling of the Bakery Alcove to include removing the existing reach-in display case (and doughnut case as occurs) and adding reach-in refrigerated cases and modifications to Architectural, Refrigeration, Mechanical and Plumbing. 1.4 TYPE OF CONTRACT A. Project will be constructed under a single prime contract. 1.5 WORK PHASES A. The Work shall be conducted in phases as described on the drawings 1.6 WORK UNDER OTHER CONTRACTS A. General: Cooperate fully with separate contractors so work on those contracts may be carried out smoothly, without interfering with or delaying work under this Contract. Coordinate the — Work of this Contract with work performed under separate contracts. B. Concurrent Work: The Owner shall award separate contracts for the following Construction Operations at the Project Site, as described in the following Paragraphs 1 and 2. These operations shall be conducted simultaneously with the work under this contract and coordinated and supervised by the Contractor. -1 Please note, the Work described in the following Paragraph No.2 is by the Owner Hired Supplier Subcontractors (O.H.S.S.) and is for "SUPPLY ONLY" of the equipment and/or building components and the Contractor shall be responsible for not only the coordination and supervision, but also the installation of the six(6) (O.H.S.S.)listed below in Paragraph No.2. 1. Interior/Exterior signage other than that identified on Sheet A13. 2. The following list indicates the six (6) Owner Hired Subcontractors (O.H.S.S.) that shall 1 provide for the "SUPPLY ONLY" of the equipment and/or building components listed. The installation for all six(6) of the (O.H.S.S.) shall be by the Contractor as provided for under this contract. The Contractor shall get approval from the Owner VP Construction for the installation contractors for No.3 BMS Main Equipment and No. 4 Refrigeration Equipment prior to the bid opening date. See the Bid Form, Section 003000 and Separate Prices, Section 012400,for the Contractor's installation price breakdown. 1. Structural Steel Joists and Deck 2. HVAC Equipment, Rooftop Package Units and Air Handler Units 3. BMS Main Equipment 4. Refrigeration Equipment 5. Refrigerated Cases 6. Walk-In Refrigerated Boxes WINCO STORE NO. 23 (Bakery Alcove) -' SUMMARY 011000-2 WINCO FOODS, LLC 10/13 1.7 PRODUCTS ORDERED IN ADVANCE A. General: Owner has negotiated Purchase Orders with suppliers of material and equipment to be incorporated into the Work. Owner will assign these Purchase Orders to Contractor. Costs for receiving, handling, storage if required, and installation of material and equipment are included in the Contract Sum. 1. Contractor's responsibilities are same as if Contractor had negotiated Purchase Orders, including responsibility to renegotiate purchase and to execute final Purchase-Order agreements. 2. See Sheets Cl-R2 for list of owner-furnished items. 1.8 OWNER-FURNISHED PRODUCTS A. Owner will furnish products indicated. The Work includes providing support systems to receive Owner's equipment and making plumbing, mechanical, and electrical connections. 1. Owner will arrange for and deliver Shop Drawings, Product Data, and Samples to Contractor. 2. Owner will arrange and pay for delivery of Owner-furnished items according to Contractor's Construction Schedule. 3. After delivery, Owner will inspect delivered items for damage. Contractor shall be present for and assist in Owner's inspection. 4. If Owner-furnished items are damaged, defective, or missing, Owner will arrange for replacement. 5. Owner will arrange for manufacturer's field services and for delivery of manufacturer's warranties to Contractor. 6. Owner will furnish Contractor the earliest possible delivery date for Owner-furnished products. Using Owner-furnished earliest possible delivery dates, Contractor shall designate delivery dates of Owner-furnished items in Contractor's Construction Schedule. 7. Contractor shall review Shop Drawings, Product Data, and Samples and return them to Architect noting discrepancies or anticipated problems in use of product. 8. Contractor is responsible for receiving, unloading, and handling Owner-furnished items at Project site. 9. Contractor is responsible for protecting Owner-furnished items from damage during storage and handling, including damage from exposure to the elements. 10. If Owner-furnished items are damaged as a result of Contractor's operations, Contractor shall repair or replace them. 11. Contractor shall install and otherwise incorporate Owner-furnished items into the Work. B. Owner-Furnished Products: I. See Drawing for identification of Owner-furnished items. 1.9 DISPOSED EQUIPMENT A. The Contractor shall coordinate with WinCo's Construction Manager to identify all equipment to be disposed. The Contractor and the Construction Manager shall identify all equipment to be disposed of or transferred from the store. WINCO STORE NO. 23 (Bakery Alcove) SUMMARY 011000- 3 WINCO FOODS, LLC 10/13 r-I B. All equipment disposed of or transferred from the store shall be listed on the attached Disposed Equipment, Log Form 011001A, contained at the end of this section. Unless specifically identified by WinCo to remain in its possession and/or be sent to another store location, all other equipment shall be the responsibility and ownership of the Contractor. - i 1.10 USE OF PREMISES A. General: Contractor shall have full use of premises for construction operations, including use of Project site, during construction period Contractor's use of premises is limited only by Owner's right to perform work or to retain other contractors on portions of Project. B. Use of Site: Limit use of premises to work in areas indicated. Do not disturb portions of Project site beyond areas in which the Work is indicated. - 1. Owner Occupancy: Allow for Owner occupancy of Project site and use by the public. 2. Driveways and Entrances: Keep driveways, loading areas and entrances serving premises clear and available to Owner, Owner's employees, and emergency vehicles at all times. Do not use these areas for parking or storage of materials. -- a. Schedule deliveries to minimize use of driveways and entrances. b. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on-site. C. Use of Existing Building: Maintain existing building in a weathertight condition throughout construction period. Repair damage caused by construction operations. Protect building and its occupants during construction period. _ 1.11 OWNER'S OCCUPANCY REQUIREMENTS A. Owner Occupancy of Completed Areas of Construction: Owner reserves the right to occupy and to place and install equipment in completed areas of building, before Substantial 1 Completion, provided such occupancy does not interfere with completion of the Work. Such placement of equipment and partial occupancy shall not constitute acceptance of the total Work. 1. Architect will prepare a Certificate of Substantial Completion for each specific portion of the Work to be occupied before Owner occupancy. 2. Obtain a Certificate of Occupancy from authorities having jurisdiction before Owner occupancy. 3. Before partial Owner occupancy, mechanical and electrical systems shall be fully operational, and required tests and inspections shall be successfully completed. On occupancy, Owner will operate and maintain mechanical and electrical systems serving occupied portions of building. 4. On occupancy, Owner will assume responsibility for maintenance and custodial service for occupied portions of building. } WINCO STORE NO. 23 (Bakery Alcove) SUMMARY 011000-4 WINCO FOODS, LLC 10/13 1.12 WORK RESTRICTIONS A. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated: 1. Notify any adjacent owner not less than 14 days in advance of proposed utility interruptions, and notify WinCo Construction Manager with proposed schedule. 2. Do not proceed with utility interruptions without adjacent owner and WinCo Construction Manager's written permission. B. Nonsmoking Building: Smoking is not permitted within the building or within 25 feet (8 m) of entrances, operable windows, or outdoor air intakes. 1.13 SPECIFICATION FORMATS AND CONVENTIONS A. Specification Format: The Specifications are organized into Divisions and Sections using the 50-division format and CSI/CSC's "MasterFormat" numbering system. 1. Section Identification: The Specifications use Section numbers and titles to help cross- referencing in the Contract Documents. Sections in the Project Manual are in numeric sequence; however, the sequence is incomplete because all available Section numbers are not used. Consult the table of contents at the beginning of the Project Manual to determine numbers and names of Sections in the Contract Documents. B. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows: 1. Abbreviated Language: Language used in the Specifications and other Contract Documents is abbreviated. Words and meanings shall be interpreted as appropriate. Words implied, but not stated, shall be inferred as the sense requires. Singular words shall be interpreted as plural, and plural words shall be interpreted as singular where applicable as the context of the Contract Documents indicates. 2. Imperative mood and streamlined language are generally used in the Specifications. Requirements expressed in the imperative mood are to be performed by Contractor. Occasionally, the indicative or subjunctive mood may be used in the Section Text for clarity to describe responsibilities that must be fulfilled indirectly by Contractor or by others when so noted. a. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or phrase. WINCO STORE NO. 23 (Bakery Alcove) SUMMARY 011000 - 5 WINCO FOODS, LLC 10/13 PART 2 -PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 011000 _ i WINCO STORE NO. 23 (Bakery Alcove) SUMMARY 011000 -6 WINCO FOODS, LLC 04/14 SECTION 012300 - ALTERNATES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for alternates. 1.3 DEFINITIONS A. Alternate: An amount proposed by bidders and stated on the Bid Form for certain work defined in the Bidding Requirements that may be added to or deducted from the Base Bid amount if Owner decides to accept a corresponding change either in the amount of construction to be completed or in the products, materials, equipment, systems, or installation methods described in the Contract Documents. 1. The cost or credit for each alternate is the net addition to or deduction from the Contract Sum to incorporate alternate into the Work. No other adjustments are made to the Contract Sum. 1.4 PROCEDURES A. Coordination: Modify or adjust affected adjacent work as necessary to completely integrate work of the alternate into Project. 1. Include as part of each alternate, miscellaneous devices, accessory objects, and similar items incidental to or required for a complete installation whether or not indicated as part of alternate. B. Notification: Immediately following award of the Contract, notify each party involved, in writing, of the status of each alternate. Indicate if alternates have been accepted, rejected, or deferred for later consideration. Include a complete description of negotiated modifications to alternates. C. Schedule: A Schedule of Alternates is included at the end of this Section. Specification Sections referenced in schedule contain requirements for materials necessary to achieve the work described under each alternate. WINCO STORE NO. 23 (Bakery Alcove) ALTERNATES 012300 - 1 WINCO FOODS, LLC 04/14 PART 2 -PRODUCTS (Not Used) PART 3 -EXECUTION 3.1 SCHEDULE OF ALTERNATES ' A. Alternate No. 1: Bond Alternate: Include in the Base Bid a price to provide the Payment Bond and the Performance Bond as described in AlA Document A701, Instructions to Bidders, in the Supplementary Instructions, SI-2 and on Section 003000, Bid Form. On the Bid Form, list the amount that WinCo Foods, LLC may deduct from the Base Bid if they choose not to require the bonds listed. END OF SECTION 012300 1 i WINCO STORE NO. 23 (Bakery Alcove) ALTERNATES 012300 -2 WINCO FOODS, LLC 03/13 SECTION 012600 - CONTRACT MODIFICATION PROCEDURES PART l -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and procedural requirements for handling and processing Contract modifications. B. Related Sections include the following: 1. Division 01 Section "Product Requirements" for administrative procedures for handling. requests for substitutions made after Contract award. 1.3 MINOR CHANGES IN THE WORK A. Architect will issue supplemental instructions authorizing Minor Changes in the Work, not involving adjustment to the Contract Sum or the Contract Time, on AIA Form G710, "Architect's Supplemental Instructions." Form is included in Division 00, Bidding and Contract Requirements. 1.4 PROPOSAL REQUESTS A. Owner-Initiated Proposal Requests: Architect will issue a detailed description of proposed changes in the Work that may require adjustment to the Contract Sum or the Contract Time. If necessary, the description will include supplemental or revised Drawings and Specifications. 1. Proposal Requests issued by Architect are for information only. Do not consider them instructions either to stop work in progress or to execute the proposed change. 2. Within 3 days after receipt of Proposal Request, submit a quotation estimating cost adjustments to the Contract Sum and the Contract Time necessary to execute the change. a. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. c. Include costs of labor and supervision directly attributable to the change. d. Include an updated Contractor's Construction Schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and WINCO STORE NO. 23 (Bakery Alcove) CONTRACT MODIFICATION PROCEDURES 012600 - 1 WINCO FOODS, LLC 03/13 --1 finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. - B. Contractor-Initiated Proposals: If latent or unforeseen conditions require modifications to the Contract, Contractor may propose changes by submitting a request for a change to Architect. 1. Include a statement outlining reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and the Contract Time. 2. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. 3. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. 4. Include costs of labor and supervision directly attributable to the change. 5. Include an updated Contractor's Construction Schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. 6. Comply with requirements in Division 01 Section "Product Requirements" if the proposed change requires substitution of one product or system for product or system specified. C. Proposal Request Form: Use AIA Form G709, "Proposal Request", provided by Owner. Form is included in Division 00, Building&Contract Requirements. 1.5 ALLOWANCES A. Allowance Adjustment: To adjust allowance amounts, base each Change Order proposal on the difference between purchase amount and the allowance, multiplied by final measurement of work-in-place. If applicable, include reasonable allowances for cutting losses, tolerances, mixing wastes, normal product imperfections, and similar margins. 1. Include installation costs in purchase amount only where indicated as part of the allowance. 2. If requested, prepare explanation and documentation to substantiate distribution of overhead costs and other margins claimed. B. Submit claims for increased costs because of a change in scope or nature of the allowance described in the Contract Documents, whether for the Purchase Order amount or Contractor's handling, labor, installation, overhead, and profit. Submit claims within 21 days of receipt of the Change Order or Construction Change Directive authorizing work to proceed. Owner will reject claims submitted later than 21 days after such authorization. 1. Do not include Contractor's or subcontractor's indirect expense in the Change Order cost amount unless it is clearly shown that the nature or extent of work has changed from what could have been foreseen from information in the Contract Documents. 2. No change to Contractor's indirect expense is permitted for selection of higher- or lower- priced materials or systems of the same scope and nature as originally indicated. WINCO STORE NO. 23 (Bakery Alcove) CONTRACT MODIFICATION PROCEDURES 012600 -2 WINCO FOODS, LLC 03/13 1.6 CHANGE ORDER PROCEDURES A. On Owner's approval of a Proposal Request, Architect will issue a Change Order for signatures of Owner and Contractor on AIA Form G701, "Change Order". Form is included Division 00, Bidding and Contract Requirements 1.7 CONSTRUCTION CHANGE DIRECTIVE A. Construction Change Directive: Architect may issue a Construction Change Directive on AIA Form G714, "Construction Change Directive". Form is included in Division 00, Bidding & Contract Requirements. Construction Change Directive instructs Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. 1. Construction Change Directive contains a complete description of change in the Work. It also designates method to be followed to determine change in the Contract Sum or the Contract Time. B. Documentation: Maintain detailed records on a time and material basis of work required by the Construction Change Directive. 1. After completion of change, submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract. PART 2 -PRODUCTS (Not Used) PART 3 -EXECUTION (Not Used) END OF SECTION 012600 WINCO STORE NO. 23 (Bakery Alcove) CONTRACT MODIFICATION PROCEDURES 012600 - 3 1 WINCO FOODS, LLC 03/13 SECTION 012900- PAYMENT PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and procedural requirements necessary to prepare and process Applications for Payment. B. Related Sections include the following: 1. Division 01 Section "Allowances" for procedural requirements governing handling and processing of allowances. 2. Division 01 Section "Contract Modification Procedures" for administrative procedures for handling changes to the Contract. 3. Division 01 Section "Unit Prices" for administrative requirements governing use of unit prices. 4. Division 01 Section "Construction Progress Documentation" for administrative requirements governing preparation and submittal of Contractor's Construction Schedule and Submittals Schedule. 1.3 DEFINITIONS A. Schedule of Values: A statement furnished by Contractor allocating portions of the Contract Sum to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 1.4 SCHEDULE OF VALUES A. Coordination: Coordinate preparation of the Schedule of Values with preparation of Contractor's Construction Schedule. 1. Correlate line items in the Schedule of Values with other required administrative forms and schedules, including the following: a. Application for Payment forms with Continuation Sheets. 2. Submit the Schedule of Values to WinCo Construction Manager at earliest possible date but no later than seven days before the date scheduled for submittal of initial Applications for Payment. WINCO STORE NO. 23 (Bakery Alcove) PAYMENT PROCEDURES 012900 - 1 WINCO FOODS, LLC 03/13 B. Format and Content: Use the Project Manual table of contents as a guide to establish line items for the Schedule of Values. Provide at least one line item for each Specification Section. 1. Identification: Include the following Project identification on the Schedule of Values: a. Project name and location. b. Name of Architect. c. Contractor's name and address. d. Application No. --1 e. Application Date. 2. Submit draft of AIA Form G703, "Continuation Sheets". Form is included in Division 00, Bidding& Contract Requirements. i 3. Round amounts to nearest whole dollar;total shall equal the Contract Sum. 4. Provide a separate line item in the Schedule of Values for each part of the Work where Applications for Payment may include materials or equipment purchased or fabricated 1 and stored, but not yet installed. a. Differentiate between items stored on-site and items stored off-site. If specified, include evidence of insurance or bonded warehousing. 5. Provide separate line items in the Schedule of Values for initial cost of materials, for each subsequent stage of completion, and for total installed value of that part of the Work. 6. Allowances: Provide a separate line item in the Schedule of Values for each allowance. - -� Show line-item value of unit-cost allowances, as a product of the unit cost, multiplied by measured quantity. Use information indicated in the Contract Documents to determine 1 quantities. f 7. Each item in the Schedule of Values and Applications for Payment shall be complete. Include total cost and proportionate share of general overhead and profit for each item. a. Temporary facilities and other major cost items that are not direct cost of actual _� work-in-place may be shown either as separate line items in the Schedule of Values or distributed as general overhead expense, at Contractor's option. J 8. Schedule Updating: Update and resubmit the Schedule of Values before the next Applications for Payment when Change Orders or Construction Change Directives result 1 in a change in the Contract Sum. 1.5 APPLICATIONS FOR PAYMENT j A. Each Application for Payment shall be consistent with previous applications and payments as certified by Architect and paid for by Owner. 1. Initial Application for Payment, Application for Payment at time of Substantial Completion, and final Application for Payment involve additional requirements. B. Payment Application Times: The date for each progress payment is indicated in the Agreement between Owner and Contractor. The period of construction Work covered by each Application - for Payment is the period indicated in the Agreement. WINCO STORE NO. 23 (Bakery Alcove) PAYMENT PROCEDURES 012900 -2 _ J WINCO FOODS, LLC 03/13 C. Payment Application Times: Progress payments shall be submitted to WinCo Construction Manager by the 25th of the month. The period covered by each Application for Payment is one month, ending on the last day of the month. D. Payment Application Forms: Use AIA Form G702 and AIA Form G703 for Applications for Payment. E. Application Preparation: Complete every entry on form. Notarize and execute by a person authorized to sign legal documents on behalf of Contractor. WinCo Construction Manager will return incomplete applications without action. 1. Entries shall match data on the Schedule of Values and Contractor's Construction Schedule. Use updated schedules if revisions were made. 2. Include amounts of Change Orders and Construction Change Directives issued before last day of construction period covered by application. F. Transmittal: Submit 3 signed and notarized original copies of each Application for Payment to WinCo Construction Manager by a method ensuring receipt within 24 hours. One copy shall include waivers of lien and similar attachments if required. 1. Transmit each copy with a transmittal form listing attachments and recording appropriate information about application. G. Waivers of Mechanic's Lien: With each Application for Payment, submit waivers of mechanic's lien from every entity who is lawfully entitled to file a mechanic's lien arising out of the Contract and related to the Work covered by the payment. 1. Submit partial waivers on each item for amount requested in previous application, after deduction for retainage, on each item. 2. When an application shows completion of an item, submit final or full waivers. 3. Owner reserves the right to designate which entities involved in the Work must submit waivers. - 4. Waiver Forms: Submit waivers of lien on forms, executed in a manner acceptable to Owner. H. Waivers of Mechanic's Lien: With each Application for Payment, submit waivers of mechanic's liens from subcontractors, sub-subcontractors, and suppliers for construction period covered by the previous application. 1. Submit partial waivers on each item for amount requested in previous application, after deduction for retainage, on each item. 2. When an application shows completion of an item, submit final or full waivers. 3. Owner reserves the right to designate which entities involved in the Work must submit waivers. 4. Submit final Application for Payment with or preceded by final waivers from every entity involved with performance of the Work covered by the application who is lawfully entitled to a lien. 5. Waiver Forms: Submit waivers of lien on forms, executed in a manner acceptable to Owner. WINCO STORE NO. 23 (Bakery Alcove) PAYMENT PROCEDURES 012900 -3 - 1 _J WINCO FOODS, LLC 03/13 I. Application for Payment at Substantial Completion: Submit an Application for Payment showing 100 percent completion less retainage for portion of the Work claimed as substantially complete. 1. Include documentation supporting claim that the Work is substantially complete and a statement showing an accounting of changes to the Contract Sum. 2. This application shall reflect Certificates of Partial Substantial Completion issued previously for Owner occupancy of designated portions of the Work. J. Final Payment Application: Submit final Application for Payment with releases and supporting ' documentation not previously submitted and accepted, including, but not limited, to the following: 1. Evidence of completion of Project closeout requirements. J 2. "Contractor's Affidavit of Payment of Debts, Claims and Release of Liens", AIA Form No. G706 and G706A. 3. "Consent of Surety to Final Payment" (If required)AIA form No. G707. 4. Final meter readings for utilities, a measured record of stored fuel, and similar data as of date of Refrigeration Equipment Start-up(Verify with WinCo Construction Manager). PART 2 -PRODUCTS (Not Used) PART 3 -EXECUTION(Not Used) END OF SECTION 012900 1 j i WINCO STORE NO. 23 (Bakery Alcove) PAYMENT PROCEDURES 012900 -4 WINCO FOODS, LLC 10/13 SECTION 013300 - SUBMITTAL PROCEDURES PART I -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other submittals. At the end of this section is the Submittal Log, WinCo Form 013300A for your use. B. Related Sections include the following: 1. Division 01 Section "Payment Procedures" for submitting Applications for Payment and the Schedule of Values. 2. Division 01 Section "Closeout Procedures" for submitting warranties. 3. Division 01 Section "Project Record Documents" for submitting Record Drawings, Record Specifications, and Record Product Data. 4. Division 01 Section "Operation and Maintenance Data" for submitting operation and maintenance manuals. 5. Divisions 02 through 49 Sections for specific requirements for submittals in those Sections. 1.3 DEFINITIONS A. Action Submittals: Written and graphic information that requires Architect's responsive action. B. Informational Submittals: Written information that does not require Architect's responsive action. Submittals may be rejected for not complying with requirements. 1.4 SUBMITTAL PROCEDURES A. General: Electronic copies of CAD Drawings of the Contract Drawings will not be provided by Architect for Contractor's use in preparing submittals. B. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 1 WINCO STORE NO. 23 (Bakery Alcove) SUBMITTAL PROCEDURES 013300 - 1 _- WINCO FOODS, LLC 10/13 2. Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for _-■ coordination. a. Architect reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. J C. Processing Time: Allow enough time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Architect's receipt of submittal. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing, including resubmittals. 1. Initial Review: Allow 15 days for initial review of each submittal. Allow additional time if coordination with subsequent submittals is required. Architect will advise Contractor -� when a submittal being processed must be delayed for coordination. 2. Intermediate Review: If intermediate submittal is necessary, process it in same manner as initial submittal. �J 3. Resubmittal Review: Allow 15 days for review of each resubmittal. D. Identification: Place a permanent label or title block on each submittal for identification. 1. Indicate name of firm or entity that prepared each submittal on label or title block. 2. Provide a space approximately 4 inches x 5 inches on label or beside title block to record Contractor's review and approval markings and action taken by Architect. 3. Include the following information on label for processing and recording action taken: a. Project name. 1 b. Date. c. Name and address of Architect. • d. Name and address of Contractor. e. Name and address of subcontractor. f. Name and address of supplier. g. Name of manufacturer. h. Number and title of appropriate Specification Section. i. Drawing number and detail references, as appropriate. E. Submittal Transmittal: Package each submittal individually and appropriately for transmittal and handling. Transmit each submittal using a transmittal form. Architect will not accept submittals received from sources other than Contractor. 1 1. Transmittal Form: Provide on form for all the appropriate information submitted and action requested.On the transmittal form or on an attached separate sheet, record relevant information, requests for data, revisions other than those requested by Architect on 1 previous submittals, and deviations from requirements in the Contract Documents, including minor variations and limitations. Include same label information as related submittal. l F. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary for performance of construction activities. Show distribution on transmittal forms. 1 23 (Bakery WINCO STORE NO. � ke( ry Alcove) SUBMITTAL PROCEDURES 013300 -2 WINCO FOODS,LLC 10/13 1.5 CONTRACTOR'S CONSTRUCTION SCHEDULE A. Bar-Chart Schedule: Prepare a fully developed, horizontal bar-chart-type, contractor's construction schedule. Submit prior to the date established for"Commencement of the Work." 1 1. Provide a separate time bar for each significant construction activity. Provide a continuous vertical line to identify the first working day of each week. Use the same breakdown of units of the Work as indicated in the"Schedule of Values." 2. Within each time bar, indicate estimated completion percentage in 10 percent increments. As work progresses,place a contrasting mark in each bar to indicate Actual Completion. 3. Prepare the schedule on a sheet, or series of sheets, of stable transparency, or other reproducible media, of sufficient width to show data for the entire construction period. 4. Secure time commitments for performing critical elements of the Work from parties involved. Coordinate each element on the schedule with other construction activities; include minor elements involved in the sequence of the Work. Show each activity in proper sequence. Indicate graphically the sequences necessary for completion of related portions of the Work. 5. Coordinate the Contractor's Construction Schedule with the Schedule of Values, list of subcontracts, Submittal Log, progress reports, payment requests, and other schedules. 6. Indicate completion in advance of the date established for Substantial Completion. Indicate Substantial completion on the schedule to allow time for the Architect's procedures necessary for certification of Substantial Completion. • PART 2 - PRODUCTS 2.1 ACTION SUBMITTALS A. General: Prepare and submit Action Submittals required by individual Specification Sections. 1. The Architect will distribute copies to the owner and his consultants. It is the contractors responsibility to distribute to all other parties as required. B. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. 1. If information must be specially prepared for submittal because standard printed data are not suitable for use, submit as Shop Drawings, not as Product Data. 2. Mark each copy of each submittal to show which products and options are applicable. 3. Include the following information, as applicable: a. Manufacturer's written recommendations. b. Manufacturer's product specifications. c. Manufacturer's installation instructions. d. Standard color charts. e. Manufacturer's catalog cuts. f. Wiring diagrams showing factory-installed wiring. g. Printed performance curves. h. Operational range diagrams. WINCO STORE NO. 23 (Bakery Alcove) SUBMITTAL PROCEDURES 013300 - 3 WINCO FOODS, LLC 10/13 1 i. Mill reports. j. Standard product operation and maintenance manuals. k. Compliance with specified referenced standards. 1. Testing by recognized testing agency. m. Application of testing agency labels and seals. n. Notation of coordination requirements. 4. Submit Product Data before or concurrent with Samples. 5. Number of Copies: Submit four (4) copies of Product Data, unless otherwise indicated. Architect will return a minimum of one (1) copies. The contractor shall run copies as required for distribution. Mark up and retain one returned copy as a Project Record Document. C. Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do not base —� Shop Drawings on reproductions of the Contract Documents or standard printed data. 1. Preparation: Fully illustrate requirements in the Contract Documents. Include the following information, as applicable: ` 1 a. Dimensions. b. Identification of products. c. Fabrication and installation drawings. d. Roughing-in and setting diagrams. e. Wiring diagrams showing field-installed wiring, including power, signal, and -S control wiring. f. Shopwork manufacturing instructions. g. Templates and patterns. _,J h. Schedules. i. Design calculations. -- j. Compliance with specified standards. k. Notation of coordination requirements. 1. Notation of dimensions established by field measurement. m. Relationship to adjoining construction clearly indicated. n. Seal and signature of professional engineer if specified. o. Wiring Diagrams: Differentiate between manufacturer-installed and field-installed wiring. 2. Sheet Size: Except for templates, patterns, and similar full-size drawings, submit Shop Drawings on sheets at least 8-1/2 by 11 inches but no larger than 36 by 48 inches. 3. Number of Submittals: Submit one (1) reproducible bond copy. The Architect will j review, stamp and reproduce and retain copies for their file, and the owner and consultants as required and return the original stamped bond copy to the contractor. The contractor shall reproduce and distribute drawings to subcontractors and suppliers as required. -- D. Samples: Submit Samples for review of kind, color, pattern, and texture for a check of these ) characteristics with other elements and for a comparison of these characteristics between submittal and actual component as delivered and installed. 1. Transmit Samples that contain multiple, related components such as accessories together in one submittal package. 1 WINCO STORE NO. 23 (Bakery Alcove) SUBMITTAL PROCEDURES 013300 -4 J WINCO FOODS, LLC 10/13 2. Identification: Attach label on unexposed side of Samples that includes the following: a. Generic description of Sample. b. Product name and name of manufacturer. c. Sample source. d. Number and title of appropriate Specification Section. 3. Disposition: Maintain sets of approved Samples at Project site, available for quality- control comparisons throughout the course of construction activity. Sample sets may be used to determine final acceptance of construction associated with each set. a. Samples returned to the contractor and not designated as Owner's property, are the property of Contractor. 4. Samples for Verification: Submit full-size units or Samples of size indicated, prepared from same material to be used for the Work, cured and finished in manner specified, and physically identical with material or product proposed for use, and that show full range of color and texture variations expected. Samples include, but are not limited to, the following: partial sections of manufactured or fabricated components; small cuts or containers of materials; complete units of repetitively used materials; swatches showing color, texture, and pattern; color range sets; and components used for independent testing and inspection. a. Number of Samples: Submit four (4) sets of Samples. Architect will retain two (2) Sample sets; remainder will be returned. Mark up and retain one returned Sample set as a Project Record Sample for closeout. 1) Submit a single Sample where assembly details, workmanship, fabrication techniques, connections, operation, and other similar characteristics are to be demonstrated. 2) If variation in color, pattern, texture, or other characteristic is inherent in material or product represented by a Sample, submit at least four (4) sets of paired units that show approximate limits of variations. E. Product Schedule or List: As required in individual Specification Sections, prepare a written summary indicating types of products required for the Work and their intended location. Include the following information in tabular form: 1. Type of product. Include unique identifier for each product. 2. Number and name of room or space. 3. Location within room or space. 4. Number of Copies: Submit four (4) copies of product schedule or list, unless otherwise indicated. Architect will return two (2)copies. a. Mark up and retain one returned copy as a Project Record Document for close out. F. Application for Payment: Comply with requirements specified in Division 01 Section "Payment Procedures." WINCO STORE NO. 23 (Bakery Alcove) SUBMITTAL PROCEDURES 013300 - 5 WINCO FOODS, LLC 10/13 1. Refer to the Submittal Log for a list of submittals required to be reviewed and approved prior to processing the Contractor's first payment application. G. Schedule of Values: Comply with requirements specified in Division 01 Section "Payment Procedures." 2.2 INFORMATIONAL SUBMITTALS A. General: Prepare and submit Informational Submittals required by other Specification Sections. J 1. Number of Copies: Submit two (2) copies of each submittal, unless otherwise indicated. Architect will not return copies. 2. Certificates and Certifications: Provide a notarized statement that includes signature of J entity responsible for preparing certification. Certificates and certifications shall be signed by an officer or other individual authorized to sign documents on behalf of that entity. 3. Test and Inspection Reports: Comply with requirements specified in Division 01 Section "Quality Requirements." B. Coordination Drawings: Comply with requirements specified in Division 01 Section "Project Management and Coordination." C. Qualification Data: Prepare written information that demonstrates capabilities and experience of firm or person. Include lists of completed projects with project names and addresses, names and addresses of architects and owners, and other information specified. D. Welding Certificates: Prepare written certification that welding procedures and personnel comply with requirements in the Contract Documents. Submit record of Welding Procedure —� Specification (WPS) and Procedure Qualification Record (PQR) on AWS forms. Include names of firms and personnel certified. E. Installer Certificates: Prepare written statements on manufacturer's letterhead certifying that Installer complies with requirements in the Contract Documents and, where required, is authorized by manufacturer for this specific Project. F. Manufacturer Certificates: Prepare written statements on manufacturer's letterhead certifying that manufacturer complies with requirements in the Contract Documents. Include evidence of manufacturing experience where required. G. Product Certificates: Prepare written statements on manufacturer's letterhead certifying that product complies with requirements in the Contract Documents. H. Material Certificates: Prepare written statements on manufacturer's letterhead certifying that material complies with requirements in the Contract Documents. I. Material Test Reports: Prepare reports written by a qualified testing agency, on testing agency's I standard form, indicating and interpreting test results of material for compliance with requirements in the Contract Documents. WINCO STORE NO. 23 (Bakery Alcove) SUBMITTAL PROCEDURES 013300 -6 1 WINCO FOODS, LLC 10/13 J. Product Test Reports: Prepare written reports indicating current product produced by manufacturer complies with requirements in the Contract Documents. Base reports on evaluation of tests performed by manufacturer and witnessed by a qualified testing agency, or on comprehensive tests performed by a qualified testing agency. K. Schedule of Tests and Inspections: Comply with requirements specified in Division 01 Section "Quality Requirements." L. Preconstruction Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of tests performed before installation of product, for compliance with performance requirements in the Contract Documents. M. Compatibility Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of compatibility tests performed before installation of product. Include written recommendations for primers and substrate preparation needed for adhesion. N. Field Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of field tests performed either during installation of product or after product is installed in its final location, for compliance with requirements in the Contract Documents. O. Maintenance Data: Prepare written and graphic instructions and procedures for operation and normal maintenance of products and equipment. Comply with requirements specified in Division 01 Section "Operation and Maintenance Data." P. Design Data: Prepare written and graphic information, including, but not limited to, performance and design criteria, list of applicable codes and regulations, and calculations. Include list of assumptions and other performance and design criteria and a summary of loads. Include load diagrams if applicable. Provide name and version of software, if any, used for calculations. Include page numbers. PART 3 - EXECUTION 3.1 CONTRACTOR'S REVIEW A. Review each submittal and check for coordination with other Work of the Contract and for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Architect. B. Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents. WINCO STORE NO. 23 (Bakery Alcove) SUBMITTAL PROCEDURES 013300 - 7 WINCO FOODS, LLC 10/13 3.2 ARCHITECT'S ACTION A. General: Architect will not review submittals that do not bear Contractor's approval stamp and will return them without action. B. Action Submittals: Architect will review each submittal, make marks to indicate corrections or modifications required, and return it. Architect will stamp each submittal with an action stamp 1 and will mark stamp appropriately to indicate action taken, as follows: 1. Final Unrestricted Release: Where the submittal is marked "Approved," the Work covered by the submittal may proceed provided it complies with the Contract Document. Final acceptance will depend on that compliance. 2. Final-but-Restricted Release: Where the submittal is marked "Approved as Noted," the Work covered by the submittal may proceed provided it complies both with --� Architect's/Engineer's notations and corrections on the submittal and the Contract Documents. Final acceptance will depend on that compliance. 3. Rejected: Where the submittal is marked"Not Approved, Resubmit," do not proceed with _l the Work covered by the submittal. Prepare a new submittal for a product that complies with the Contract Documents. - C. Informational Submittals: Architect will review each submittal and will not return it, or will return it if it does not comply with requirements. Architect will forward each submittal to appropriate party. D. Partial submittals are not acceptable, will be considered nonresponsive, and will be returned without review. E. Submittals not required by the Contract Documents may not be reviewed and may be discarded. F. Submittal Log, WinCo Form 013300A, is included at the end of this section. 3.3 REVERSE SUBMITTAL A. General: A reverse submittal is one that comes from the manufacturer, supplier or subcontractor directly to the Architect instead of directly to the Contractor. B. Architect's Submittal Action: The Architect shall review and process the submittal(s) as follows. 1. After the first review, if there are corrections to be made, the A.O.R. will mark up the -J submittal(s) appropriately, stamp and return to the manufacturer, supplier or _ subcontractor for corrections. �� 2. The manufacturer, supplier or subcontractor will make the required corrections and send _ the revised submittal back to the Architect for a subsequent review. If there are further corrections to be made, repeat B.1 and B.2 3. When the submittal is approved for further processing, the Architect will mark-up the submittal appropriately, stamp and forward to the Contractor for their review. C. Contractor's Submittal Action: The Contractor will receive the processed and stamped submittal from the Architect and process as follows. WINCO STORE NO. 23 (Bakery Alcove) SUBMITTAL PROCEDURES 013300- 8 j WINCO FOODS, LLC 10/13 1. After review, if there are corrections to be made, the Contractor will mark-up the submittal(s)appropriately, stamp and return the submittal to the manufacturer, supplier or subcontractor for corrections. 2. The manufacturer, supplier or subcontractor will make the required corrections and send a revised submittal back to the Contractor for a subsequent review. If there are further corrections to be made, repeat C.1 and C.2. 3. After Contractor receipt of the submittal from the Architect, if C.I and C.2 action is not required and the submittal is approved for final processing by the Contractor, they will mark-up the submittal accordingly, stamp and process the submittal as follows. a. The Contractor will return a final copy with both the Architect's and Contractor's stamps, to the Architect for them to distribute to, the Owner and A.O.R. Consultants. 1 b. The Contractor will process and distribute a final copy, with both the Architect's and Contractor's stamps, to all appropriate parties to include the manufacturer, supplier or subcontractor for production. END OF SECTION 013300 WINCO STORE NO. 23 (Bakery Alcove) SUBMITTAL PROCEDURES 013300 - 9 1 WINCO FOODS, LLC 11/13 SECTION 014000- QUALITY REQUIREMENTS PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for quality assurance and quality control. B. Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with the Contract Document requirements. 1. Specific quality-assurance and -control requirements for individual construction activities are specified in the Sections that specify those activities. Requirements in those Sections may also cover production of standard products. 2. Specified tests, inspections, and related actions do not limit Contractor's other quality- assurance and -control procedures that facilitate compliance with the Contract Document requirements. 3. Requirements for Contractor to provide quality-assurance and -control services required by Architect, Owner, or authorities having jurisdiction are not limited by provisions of this Section. C. Related Sections include the following: 1. Divisions 02 through 49 Sections for specific test and inspection requirements. 1.3 DEFINITIONS A. Quality-Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and substantiate that proposed construction will comply with requirements. B. Quality-Control Services: Tests, inspections, procedures, and related actions during and after execution of the Work to evaluate that actual products incorporated into the Work and completed construction comply with requirements. Services do not include contract enforcement activities performed by Architect. C. Mockups: Full-size, physical assemblies that are constructed on-site. Mockups are used to verify selections made under sample submittals, to demonstrate aesthetic effects and, where indicated, qualities of materials and execution, and to review construction, coordination, testing, or operation; they are not Samples. Approved mockups establish the standard by which the Work will be judged. WINCO STORE NO. 23 (Bakery Alcove) QUALITY REQUIREMENTS 014000 - 1 WINCO FOODS, LLC 11/13 D. Laboratory Mockups: Full-size, physical assemblies that are constructed at testing facility to J verify performance characteristics. } E. Preconstruction Testing: Tests and inspections that are performed specifically for the Project before products and materials are incorporated into the Work to verify performance or compliance with specified criteria. ■ F. Product Testing: Tests and inspections that are performed by an NRTL, an NVLAP, or a testing agency qualified to conduct product testing and acceptable to authorities having jurisdiction, to establish product performance and compliance with industry standards. G. Source Quality-Control Testing: Tests and inspections that are performed at the source, i.e., plant, mill, factory, or shop. H. Field Quality-Control Testing: Tests and inspections that are performed on-site for installation of the Work and for completed Work. I. Testing Agency: An entity engaged to perform specific tests, inspections, or both. Testing laboratory shall mean the same as testing agency. J. Installer/Applicator/Erector: Contractor or another entity engaged by Contractor as an employee, Subcontractor, or Sub-subcontractor, to perform a particular construction operation, including installation, erection, application, and similar operations. 1. Using a term such as "carpentry" does not imply that certain construction activities must be performed by accredited or unionized individuals of a corresponding generic name, 1 such as "carpenter." It also does not imply that requirements specified apply exclusively 1 to tradespeople of the corresponding generic name. K. Experienced: When used with an entity, "experienced" means having successfully completed a minimum of five (5) previous projects similar in size and scope to this Project; being familiar with special requirements indicated; and having complied with requirements of authorities having jurisdiction. i 1.4 CONFLICTING REQUIREMENTS A. General: If compliance with two or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quality levels, comply with the most stringent requirement. Refer uncertainties and requirements that are different, but apparently equal, to Architect for a decision before proceeding. J B. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the __ minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. To comply with these requirements, indicated numeric values are minimum or maximum, as appropriate, for the context of requirements. Refer uncertainties to Architect for a decision before proceeding. WINCO STORE NO. 23 (Bakery Alcove) QUALITY REQUIREMENTS 014000 -2 1 WINCO FOODS, LLC 11/13 1.5 SUBMITTALS A. The testing agencies, regardless, if hired by the Owner or General Contractor shall submit written reports and distribute them as defined in Section 013900. B. Reports: Prepare and submit certified written reports that include the following for each test, inspection or quality-assurance service performed: 1. Date of issue. 2. Project title and number. 3. Name, address,and telephone number of testing agency. • 4. Dates and locations of samples and tests or inspections. 5. Names of individuals making tests and inspections. 6. Description of the Work and test and inspection method. 7. Identification of product and Specification Section. 8. Complete test or inspection data. 9. Test and inspection results and an interpretation of test results. 10. Record of temperature and weather conditions at time of sample taking and testing and inspecting. 11. Comments or professional opinion on whether tested or inspected Work complies with the Contract Document requirements. 12. Name and signature of laboratory inspector. 13. Recommendations on retesting and reinspecting. C. Permits, Licenses, and Certificates: For Owner's records, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, correspondence, records, and similar documents, established for compliance with standards and regulations bearing on performance of the Work. 1.6 QUALITY ASSURANCE A. General: Qualifications paragraphs in this Article establish the minimum qualification levels required; individual Specification Sections specify additional requirements. B. Installer Qualifications: A firm or individual experienced in installing, erecting, or assembling work similar in material, design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful in-service performance. C. Manufacturer Qualifications: A firm experienced in manufacturing products or systems similar to those indicated for this Project and with a record of successful in-service performance, as } well as sufficient production capacity to produce required units. .3 D. Fabricator Qualifications: A firm experienced in producing products similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient • production capacity to produce required units. E. Professional Engineer Qualifications: A professional engineer who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing engineering services of the kind indicated. Engineering services are defined as those performed WINCO STORE NO. 23 (Bakery Alcove) QUALITY REQUIREMENTS 014000 -3 WINCO FOODS, LLC 11/13 ._y for installations of the system, assembly, or product that are similar to those indicated for this Project in material,design, and extent. F. Testing Agency Qualifications: An NRTL, an NVLAP, or an independent agency with the experience and capability to conduct testing and inspecting indicated, as documented according to ASTM E 548; and with additional qualifications specified in individual Sections; and where required by authorities having jurisdiction,that is acceptable to authorities. J 1. NRTL: A nationally recognized testing laboratory according to 29 CFR 1910.7. - 2. NVLAP: A testing agency accredited according to NIST's National Voluntary Laboratory Accreditation Program. G. Factory-Authorized Service Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project. 1.7 QUALITY CONTROL -� • A. Owner Testing and Inspection Responsibilities: Where quality-control services are indicated as Owner's responsibility, Owner will engage a qualified testing agency to perform these services. l. Owner will furnish Contractor with names, addresses, and telephone numbers of testing agencies engaged and a description of types of testing and inspecting they are engaged to perform. a. See Specification Section 013900, Inspection, Testing & Reports (Special Inspections)for owner's responsibilities. 2. Costs for retesting and reinspecting construction that replaces or is necessitated by work that failed to comply with the Contract Documents will be charged to Contractor, and the _, Contract Sum will be adjusted by Change Order. 3. Submit a certified written report of each quality control services and distribute as defined in Specification Section, 013900, Inspection,Testing& Reports (Special Inspections). 4. Contractor shall notify testing agency 48 hours minimum in advance of testing. B. Contractor Testing and Inspections responsibilities. Unless otherwise indicated, all testing and inspection services, not previously described and paid for by the owner, shall be the responsibility of the contractor. 1. Where services are indicated as Contractor's responsibility, engage a qualified testing agency to perform these quality-control services. a. See specification Section 013900, Inspection, Testing & Reports (Special Inspections)for contractors responsibilities. b. Contractor shall not employ same testing agency engaged by Owner, unless authorized by Owner. 2. Notify testing agencies at least 48 hours in advance of time when Work that requires testing or inspecting will be performed. _ 3 WINCO STORE NO. 23 (Bakery Alcove) QUALITY REQUIREMENTS 014000 -4 WINCO FOODS, LLC 11/13 3. Submit a certified written report of each quality-control service and distribute as defined in Specification Section 013900, Inspection,Testing& Reports(Special Inspections). 4. Testing and inspecting requested by Contractor and not required by the Contract ,; Documents are Contractor's responsibility. C. Manufacturer's Field Services: Where indicated, engage a factory-authorized service representative to inspect field-assembled components and equipment installation, including service connections. Report results in writing as specified in Division 01 Section "Submittal Procedures." D. Retesting/Reinspecting: Regardless of whether original tests or inspections were Contractor's responsibility, provide quality-control services, including retesting and reinspecting, for construction that replaced Work that failed to comply with the Contract Documents. E. Testing Agency Responsibilities: Cooperate with Architect and Contractor in performance of duties. Provide qualified personnel to perform required tests and inspections. 1. Notify Architect and Contractor promptly of irregularities or deficiencies observed in the Work during performance of its services. 2. Determine the location from which test samples will be taken and in which in-situ tests are conducted. 3. Conduct and interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from requirements. 4. Submit a certified written report of each test, inspection, and similar quality-control service. See Section 013900. 5. Do not release, revoke, alter, or increase the Contract Document requirements or approve or accept any portion of the Work. 6. Do not perform any duties of Contractor. F. Associated Services: Cooperate with agencies performing required tests, inspections, and similar quality-control services, and provide reasonable auxiliary services as requested. Notify agency sufficiently in advance of operations to permit assignment of personnel. Provide the following: 1. Access to the Work. 2 Incidental labor and facilities necessary to facilitate tests and inspections. 3. Adequate quantities of representative samples of materials that require testing and inspecting. Assist agency in obtaining samples. 4. Facilities for storage and field curing of test samples. 5. Preliminary design mix proposed for use for material mixes that require control by testing agency. 6. Security and protection for samples and for testing and inspecting equipment at Project site. G. Coordination: Coordinate sequence of activities to accommodate required quality-assurance and -control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting. 1. Schedule times for tests, inspections, obtaining samples, and similar activities. WINCO STORE NO. 23 (Bakery Alcove) QUALITY REQUIREMENTS 014000 - 5 WINCO FOODS, LLC 11/13 J PART 2 -PRODUCTS(Not Used) PART 3 -EXECUTION J .J 3.1 ACCEPTABLE TESTING AGENCIES A. Include General Contractor's testing agency on the list of subcontractors. —� 3.2 TEST AND INSPECTION LOG A. Prepare a record of tests and inspections. Include the following: 1. Date test or inspection was conducted. -1 2. Description of the Work tested or inspected. 3. Date test or inspection results were transmitted to Architect. 4. Identification of testing agency or special inspector conducting test or inspection. B. Maintain log at Project site. Post changes and modifications as they occur. Provide access to test and inspection log for Architect's and Construction Manager reference during normal working hours. C. Daily Reports 1. The Testing and Inspection Agency shall deliver all reports to the Contractors On-Site Superintendant on a daily basis for review and shall be kept at the Job Trailer for the duration of the Project. 2. The Testing and Inspection Agency shall also deliver all reports to the Architect's, Engineer's and Contractor's Project Managers within 24 hours of the delivery time/day ' -d the report was given to the Contractor's on-site Superintendent. i 3.3 SUBCONTRACTORS' CERTIFICATES A. The Contractor shall request Certificates from each subcontractor as specified, review to verify : ! it is valid and current and keep the following certificates in the on-site Job Trailer which shall -- be readily available for review upon request. I. Concrete Flatwork Finishers J 2. Concrete Flatwork Technicians 3. Welding Certificates. B. Any personnel on site working for one of the above trades without a current certificate filed on- site with the Contractor shall be asked to stop working until a current certificate is delivered to and verified with the Contractor. WINCO STORE NO. 23 (Bakery Alcove) QUALITY REQUIREMENTS 014000 -6 "_J WINCO FOODS, LLC 11/13 3.4 REPAIR AND PROTECTION A. General: On completion of testing, inspecting, sample taking, and similar services, repair damaged construction and restore substrates and finishes. 1. Comply with the Contract Document requirements for Division 01 Section "Cutting and Patching." B. Protect construction exposed by or for quality-control service activities. C. Repair and protection are Contractor's responsibility, regardless of the assignment of responsibility for quality-control services. _ END OF SECTION 014000 WINCO STORE NO. 23 (Bakery Alcove) QUALITY REQUIREMENTS 014000 - 7 WINCO FOODS, LLC 12/13 SECTION 015000-TEMPORARY FACILITIES AND CONTROLS PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes requirements for temporary utilities, support facilities, and security and protection facilities. B. Related Sections include the following: 1. Division 01 Section "Summary" for limitations on utility interruptions and other work restrictions. 2. Division 01 Section "Submittal Procedures" for procedures for submitting copies of implementation and termination schedule and utility reports. 3. Division 01 Section "Execution" for progress cleaning requirements. 4. Divisions 02 through 49 Sections for temporary heat, ventilation, and humidity requirements for products in those Sections. 1.3 DEFINITIONS A. Permanent Enclosure: As determined by Architect, permanent or temporary roofing is complete, insulated, and weathertight; exterior walls are insulated and weathertight; and all openings are closed with permanent construction or substantial temporary closures. 1.4 USE CHARGES A. General: Cost or use charges for temporary facilities shall be included in the Contract Sum. Allow other entities to use temporary services and facilities without cost, including, but not limited to, Owner's construction forces, Architect, occupants of Project, testing agencies, and authorities having jurisdiction. B. Water Service: Water from Owner's existing water system is available for use without metering and without payment of use charges. Provide connections and extensions of services as required for construction operations. C. Electric Power Service: Electric power from Owner's existing system is available for use without metering and without payment of use charges. Provide connections and extensions of services as required for construction operations. WINCO STORE NO. 23 (Bakery Alcove) TEMPORARY FACILITIES AND CONTROLS 015000 - 1 WINCO FOODS, LLC 12/13 1.5 LOCATION OF TEMPORARY FACILITIES A. Coordinate temporary facilities, (field office location) staging areas, and parking areas for construction personnel with WinCo Construction Manager. 1.6 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. 1.7 PROJECT CONDITIONS A. Temporary Use of Permanent Facilities: Installer of each permanent service shall assume responsibility for operation, maintenance, and protection of each permanent service during its --, use as a construction facility before Owner's acceptance, regardless of previously assigned i responsibilities. ` 1 PART 2 -PRODUCTS 2.1 MATERIALS A. Chain-Link Fencing: Minimum 2-inch (50-mm), 0.148-inch- (3.76-mm-) thick, galvanized steel, chain-link fabric fencing; minimum 6 feet (1.8 m) high with galvanized steel pipe posts; minimum 2-3/8-inch- (60-mm-) OD line posts and 2-7/8-inch- (73-mm-) OD corner and pull posts, with 1-5/8-inch-(42-mm-) OD top rails. B. Portable Chain-Link Fencing: Minimum 2-inch (50-mm), 9-gage, galvanized steel, chain-link 1 fabric fencing; minimum 6 feet (1.8 m) high with galvanized steel pipe posts; minimum 2-3/8- inch- (60-mm-) OD line posts and 2-7/8-inch- (73-mm-) OD corner and pull posts, with 1-5/8- inch- (42-mm-) OD top and bottom rails. Provide concrete or galvanized steel bases for ti supporting posts. C. Wood Enclosure Fence: Plywood, 6 feet (1.8 m) high, framed with four 2-by-4-inch (50-by- 100-mm) rails, with preservative-treated wood posts spaced not more than 8 feet(2.4 m)apart. D. Lumber and Plywood: Comply with Industry Standard requirements. E. Gypsum Board: Minimum 1/2 inch (12.7 mm) thick by 48 inches (1219 mm) wide by maximum available lengths; regular-type panels with tapered edges. Comply with ASTM C 36/C 36M. 3 F. Insulation: Unfaced mineral-fiber blanket, manufactured from glass, slag wool, or rock wool; with maximum flame-spread and smoke-developed indexes of 25 and 50, respectively. G. Paint: Comply with requirements in Division 09 painting Sections. WINCO STORE NO. 23 (Bakery Alcove) TEMPORARY FACILITIES AND CONTROLS 015000 -2 ti WINCO FOODS, LLC 12/13 2.2 TEMPORARY FACILITIES A. Field Offices, General: Prefabricated or mobile units with serviceable finishes, temperature controls, and foundations adequate for normal loading. B. Common-Use Field Office: Of sufficient size to accommodate needs of construction personnel. 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 10 individuals. Provide electrical power service and 120-V ac duplex receptacles, with not less than 1 receptacle on each wall. Furnish room with conference table, chairs, and 4-foot- (1.2-m-) square tack board. 3. Drinking water and private toilet. 4. Coffee machine and supplies. 5. Heating and cooling equipment necessary to maintain a uniform indoor temperature of 68 to 72 deg F (20 to 22 deg C). 6. Lighting fixtures capable of maintaining average illumination of 20 fc (215 lx) at desk height. C. Storage and Fabrication Sheds: Provide sheds sized, furnished, and equipped to accommodate materials and equipment for construction operations. 1. Store combustible materials apart from building. D. Temporary Sign. 1. Furnish and install a 4'x8' painted plywood sign announcing the New WinCo Foods. Coordinate the location with WinCo Construction Manager and Authority Having Jurisdiction if required. A sign sheet is included at the end of this section. 2.3 EQUIPMENT A. Fire Extinguishers: Portable, UL rated; with class and extinguishing agent as required by locations and classes of fire exposures. B. HVAC Equipment: Unless Owner authorizes use of permanent HVAC system, provide vented, self-contained, liquid-propane-gas or fuel-oil heaters with individual space thermostatic control. 1. Use of gasoline-burning space heaters, open-flame heaters, or salamander-type heating units is prohibited. _i 2. Heating Units: Listed and labeled for type of fuel being consumed, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. 3. Permanent HVAC System: If Owner authorizes use of permanent HVAC system for temporary use during construction, provide filter with MERV of 8 at each return air grille in system and remove at end of construction. ti WINCO STORE NO. 23 (Bakery Alcove) TEMPORARY FACILITIES AND CONTROLS 015000 - 3 1 WINCO FOODS, LLC 12/13 PART 3 -EXECUTION 3.1 INSTALLATION, GENERAL A. Locate facilities where they will serve Project adequately and result in minimum interference with performance of the Work. Relocate and modify facilities as required by progress of the Work. 1. Locate facilities to limit site disturbance as specified in Division 01 Section "Summary." B. Provide each facility ready for use when needed to avoid delay. Do not remove until facilities are no longer needed or are replaced by authorized use of completed permanent facilities. 3.2 TEMPORARY UTILITY INSTALLATION A. General: Install temporary service or connect to existing service. 1. Arrange with utility company, Owner, and existing users for time when service can be interrupted, if necessary, to make connections for temporary services. B. Sewers and Drainage: Provide temporary utilities to remove effluent lawfully. 1. Connect temporary sewers to municipal system or private system indicated as directed by authorities having jurisdiction. C. Water Service: Install water service and distribution piping in sizes and pressures adequate for construction. D. Water Service: Use of Owner's existing water service facilities will be permitted, as long as facilities are cleaned and maintained in a condition acceptable to Owner. At Substantial Completion,restore these facilities to condition existing before initial use. 1. Where installations below an outlet might be damaged by spillage or leakage, provide a drip pan of suitable size to minimize water damage. Drain accumulated water promptly from pans. E. Sanitary Facilities: Provide temporary toilets, wash facilities, and drinking water for use of construction personnel. Comply with authorities having jurisdiction for type, number, location, operation, and maintenance of fixtures and facilities. I. Toilets: Use of Owner's existing toilet facilities will be permitted, as long as facilities are cleaned and maintained in a condition acceptable to Owner. At Substantial Completion, restore these facilities to condition existing before initial use. F. Heating and Cooling: Provide temporary heating and cooling required by construction activities for curing or drying of completed installations or for protecting installed construction from adverse effects of low temperatures or high humidity. Select equipment that will not have a harmful effect on completed installations or elements being installed. WINCO STORE NO. 23 (Bakery Alcove) TEMPORARY FACILITIES AND CONTROLS 015000 -4 WINCO FOODS, LLC 12/13 G. Ventilation and Humidity Control: Provide temporary ventilation required by construction activities for curing or drying of completed installations or for protecting installed construction from adverse effects of high humidity. Select equipment that will not have a harmful effect on completed installations or elements being installed. Coordinate ventilation requirements to produce ambient condition required and minimize energy consumption. H. Electric Power Service: Use of Owner's existing electric power service will be permitted, as long as equipment is maintained in a condition acceptable to Owner. + I. Electric Power Service: Provide electric power service and distribution system of sufficient size, capacity, and power characteristics required for construction operations. • G" 1. Install electric power service overhead, unless otherwise indicated. 1 2. Connect temporary service to Owner's existing power source, as directed by Owner. J. Lighting: Provide temporary lighting with local switching that provides adequate illumination for construction operations, observations, inspections, and traffic conditions. 1. Install and operate temporary lighting that fulfills security and protection requirements without operating entire system. 2. Install lighting for Project identification sign. K. Telephone Service: Provide temporary telephone service in common-use facilities for use by all construction personnel. Install a minimum of one telephone line(s) for each field office or more as required by contractor. 1. Provide additional telephone lines for the following: a. Provide a dedicated telephone line for each facsimile machine and computer in each field office. 2. At each telephone, post a list of important telephone numbers. 1 a. Police and fire departments. b. Ambulance service. c. Contractor's home office. d. Architect's office. e. Engineers'offices. f. Owner's office. g. Principal subcontractors' field and home offices. 3. Provide superintendent with cellular telephone or portable two-way radio for use when away from field office. L. Electronic Communication Service: Provide temporary electronic communication service, y including electronic mail, in common-use facilities. 3.3 SUPPORT FACILITIES INSTALLATION A. General: Comply with the following: WINCO STORE NO. 23 (Bakery Alcove) TEMPORARY FACILITIES AND CONTROLS 015000- 5 1 i WINCO FOODS, LLC 12/13 1. Provide incombustible construction for offices, shops, and sheds located within construction area or within 30 feet(9 m)of building lines. Comply with NFPA 241. - 2. Maintain support facilities until near Substantial Completion. Remove before Substantial Completion. Personnel remaining after Substantial Completion will be permitted to use permanent facilities, under conditions acceptable to Owner. B. Traffic Controls: Comply with requirements of authorities having jurisdiction. 1. Protect existing site improvements to remain including curbs, pavement, and utilities. 2. Maintain access for fire-fighting equipment and access to fire hydrants. C. Parking: Provide temporary or Use designated areas of Owner's existing parking areas for construction personnel. D. Dewatering Facilities and Drains: Comply with requirements of authorities having jurisdiction. Maintain Project site, excavations, and construction free of water. 1. Dispose of rainwater in a lawful manner that will not result in flooding Project or adjoining properties nor endanger permanent Work or temporary facilities. 2. Remove snow and ice as required to minimize accumulations. E. Waste Disposal Facilities: Comply with requirements specified in Division 01 Section "Construction Waste Management and Disposal." F. 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 Division 01 Section "Execution" for progress cleaning requirements. G. Lifts and Hoists: Provide facilities necessary for hoisting materials and personnel. 1. Truck cranes and similar devices used for hoisting materials are considered "tools and equipment" and not temporary facilities. H. Temporary Stairs: Until permanent stairs are available, provide temporary stairs where ladders are not adequate. I. Existing Stair Usage: Use of Owner's existing stairs will be permitted, as long as stairs are cleaned and maintained in a condition acceptable to Owner. At Substantial Completion, restore stairs to condition existing before initial use. --, 1. Provide protective coverings, barriers, devices, signs, or other procedures to protect stairs and to maintain means of egress. If, despite such protection, stairs become damaged, restore damaged areas so no evidence remains of correction work. J. Temporary Use of Permanent Stairs: Cover finished, permanent stairs with protective covering of plywood or similar material so finishes will be undamaged at time of acceptance. 3.4 SECURITY AND PROTECTION FACILITIES INSTALLATION A. Environmental Protection: Provide protection, operate temporary facilities, and conduct construction in ways and by methods that comply with environmental regulations and that WINCO STORE NO. 23 (Bakery Alcove) TEMPORARY FACILITIES AND CONTROLS 015000 -6 WINCO FOODS, LLC 12/13 minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects. 1. Comply with work restrictions specified in Division 01 Section "Summary." B. Pest Control: Engage pest-control service to recommend practices to minimize attraction and harboring of rodents, roaches, and other pests and to perform extermination and control procedures at regular intervals so Project will be free of pests and their residues at Substantial Completion. Obtain extended warranty for Owner. Perform control operations lawfully, using environmentally safe materials. C. Security Enclosure and Lockup: Install substantial temporary enclosure around partially completed areas of construction. Provide lockable entrances to prevent unauthorized entrance, vandalism, theft, and similar violations of security. D. Barricades, Warning Signs, and Lights: Comply with requirements of authorities having jurisdiction for erecting structurally adequate barricades, including warning signs and lighting. E. 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. Provide temporary standpipes and hoses for fire protection. Hang hoses with a warning sign stating that hoses are for fire-protection purposes only and are not to be removed. Match hose size with outlet size and equip with suitable nozzles. 3.5 OPERATION, TERMINATION, AND REMOVAL A. Supervision: Enforce strict discipline in use of temporary facilities. To minimize waste and abuse, limit availability of temporary facilities to essential and intended uses. B. Maintenance: Maintain facilities in good operating condition until removal. 1. Maintain operation of temporary enclosures, heating, cooling, humidity control, ventilation, and similar facilities on a 24-hour basis where required to achieve indicated results and to avoid possibility of damage. C. Temporary Facility Changeover: Do not change over from using temporary security and protection facilities to permanent facilities until Substantial Completion. D. Termination and Removal: Remove each temporary facility when need for its service has ended, when it has been replaced by authorized use of a permanent facility, or no later than Substantial Completion. Complete or, if necessary, restore permanent construction that may WINCO STORE NO. 23 (Bakery Alcove) TEMPORARY FACILITIES AND CONTROLS 015000- 7 1 WINCO FOODS, LLC 12/13 have been delayed because of interference with temporary facility. Repair damaged Work, clean exposed surfaces, and replace construction that cannot be satisfactorily repaired. . 4 1. Materials and facilities that constitute temporary facilities are property of Contractor. Owner reserves right to take possession of Project identification signs. 2. Remove temporary paving not intended for or acceptable for integration into permanent 1 paving. Where area is intended for landscape development, remove soil and aggregate fill that do not comply with requirements for fill or subsoil. Remove materials contaminated with road oil, asphalt and other petrochemical compounds, and other substances that might impair growth of plant materials or lawns. Repair or replace street paving, curbs, and sidewalks at temporary entrances, as required by authorities having jurisdiction. 3. At Substantial Completion, clean and renovate permanent facilities used during construction period. Comply with final cleaning requirements specified in Division 01 - Section "Closeout Procedures." END OF SECTION 015000 { WINCO STORE NO. 23 (Bakery Alcove) TEMPORARY FACILITIES AND CONTROLS 015000 - 8 WINCO FOODS, LLC 03/13 SECTION 017300 - EXECUTION PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes general procedural requirements governing execution of the Work including, but not limited to, the following: 1. Construction layout. 2. Field engineering and surveying. 3. General installation of products. 4. Coordination of Owner-installed products. 5. Progress cleaning. 6. Starting and adjusting. 7. Protection of installed construction. 8. Correction of the Work. B. Related Sections include the following: 1. Division 01 Section "Project Management and Coordination" for procedures for coordinating field engineering with other construction activities. 2. Division 01 Section "Submittal Procedures" for submitting surveys. 3. Division 01 Section "Cutting and Patching" for procedural requirements for cutting and patching necessary for the installation or performance of other components of the Work. 4. Division 01 Section "Closeout Procedures" for submitting final property foundation survey and/or survey with Project Record Documents, recording of Owner-accepted deviations from indicated lines and levels, and final cleaning. 1.3 SUBMITTALS 1.4 QUALITY ASSURANCE A. Land Surveyor Qualifications: A professional land surveyor who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing land-surveying services of the kind indicated. I 1 WINCO STORE NO. 23 (Bakery Alcove) EXECUTION 017300 - 1 1 WINCO FOODS,LLC 03/13 PART 2 -PRODUCTS(Not Used) PART 3 -EXECUTION 3.1 EXAMINATION A. Existing Conditions: The existence and location of site improvements, utilities, and other - construction indicated as existing are not guaranteed. Before beginning work, investigate and verify the existence and location of mechanical and electrical systems and other construction affecting the Work. 44 1. Before construction, verify the location and points of connection of utility services. B. Existing Utilities: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning sitework, investigate and verify the existence and location of underground utilities and other construction affecting the Work. 1. Before construction, verify the location and invert elevation at points of connection of sanitary sewer, storm sewer, and water-service piping; and underground electrical services. 2. Furnish location data for work related to Project that must be performed by public utilities serving Project site. C. Acceptance of Conditions: Examine substrates, areas, and conditions, with Installer or Applicator present where indicated, for compliance with requirements for installation tolerances and other conditions affecting performance. Record observations. - 32 PREPARATION 1 A. Existing Utility Information: Furnish information to local utility or Owner that is necessary to adjust, move, or relocate existing utility structures, utility poles, lines, services, or other utility J g Y � YP construction. Coordinate with authorities having appurtenances located in or affected by g Pp Y jurisdiction. B. Field Measurements: 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. Coordinate fabrication schedule with construction progress to avoid delaying the Work. C. Space Requirements: Verify space requirements and dimensions of items shown diagrammatically on Drawings. 1M1 { WINCO STORE NO. 23 (Bakery Alcove) EXECUTION 017300 -2 WINCO FOODS, LLC 03/13 3.3 CONSTRUCTION LAYOUT A. Verification: Before proceeding to lay out the Work, verify layout information shown on Drawings, in relation to the property survey and existing benchmarks. If discrepancies are discovered, notify Architect and WinCo Construction Manager promptly. B. General: Engage a land surveyor or professional engineer to lay out the Work using accepted • surveying practices. ` 1. Establish benchmarks and control points to set lines and levels at each story of construction and elsewhere as needed to locate each element of Project. 2. Establish dimensions within tolerances indicated. Do not scale Drawings to obtain ' required dimensions. 3. Inform installers of lines and levels to which they must comply. 4. Check the location, level and plumb, of every major element as the Work progresses. 5. Notify Architect and WinCo Construction Manager when deviations from required lines and levels exceed allowable tolerances. 6. Close site surveys with an error of closure equal to or less than the standard established by authorities having jurisdiction. C. Site Improvements: Locate and lay out site improvements, including pavements, grading, fill and topsoil placement, utility slopes, and invert elevations. D. Building Lines and Levels: Locate and lay out control lines and levels for structures, building foundations, column grids, and floor levels, including those required for mechanical and electrical work. Transfer survey markings and elevations for use with control lines and levels. Level foundations and piers from two or more locations. E. Record Log: Maintain a log of layout control work. Record deviations from required lines and levels. Include beginning and ending dates and times of surveys, weather conditions, name and duty of each survey party member, and types of instruments and tapes used. Make the log available for reference by Architect and WinCo Construction Manager. 3.4 FIELD ENGINEERING A. Identification: Owner furnished survey will identify existing benchmarks, control points, and property corners. B. Reference Points: Locate existing permanent benchmarks, control points, and similar reference points before beginning the Work. Preserve and protect permanent benchmarks and control points during construction operations. 1. Do not change or relocate existing benchmarks or control points without prior written approval of Architect or WinCo Construction Manager. Report lost or destroyed permanent benchmarks or control points promptly. Report the need to relocate permanent benchmarks or control points to Architect and WinCo Construction Manager before proceeding. 2. Replace lost or destroyed permanent benchmarks and control points promptly. Base replacements on the original survey control points. WINCO STORE NO. 23 (Bakery Alcove) EXECUTION 017300 -3 WINCO FOODS,LLC 03/13 C. Benchmarks: Establish and maintain a minimum of two permanent benchmarks on Project site, referenced to data established by survey control points. Comply with authorities having jurisdiction for type and size of benchmark. 1. Record benchmark locations, with horizontal and vertical data, on Project Record Documents. 2. Where the actual location or elevation of layout points cannot be marked, provide temporary reference points sufficient to locate the Work. 3. Remove temporary reference points when no longer needed. Restore marked construction to its original condition. 3.5 INSTALLATION A. General: Locate the Work and components of the Work accurately, in correct alignment and elevation, as indicated. 1. Make vertical work plumb and make horizontal work level. 2. Where space is limited, install components to maximize space available for maintenance and ease of removal for replacement. 3. Conceal pipes, ducts, and wiring in finished areas, unless otherwise indicated. B. Comply with manufacturer's written instructions and recommendations for installing products in applications indicated. C. Install products at the time and under conditions that will ensure the best possible results. -i 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. 1 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. Anchors and Fasteners: Provide anchors and fasteners as required to anchor each component -1 securely in place, accurately located and aligned with other portions of the Work. 1. Mounting Heights: Where mounting heights are not indicated, mount components at heights directed by Architect. ' 2. Allow for building movement, including thermal expansion and contraction. _' 3. 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, l arrange joints for the best visual effect. Fit exposed connections together to form hairline joints. WINCO STORE NO. 23 (Bakery Alcove) EXECUTION 017300 -4 . WINCO FOODS, LLC 03/13 Y I. Hazardous Materials: Use products, cleaners, and installation materials that are not considered hazardous. 3.6 OWNER-INSTALLED PRODUCTS A. Site Access: Provide access to Project site for Owner's construction forces. B. Coordination: Coordinate construction and operations of the Work with work performed by Owner's construction forces. 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 forces at preinstallation conferences covering portions of the Work that are to receive Owner's work. Attend preinstallation conferences conducted by Owner's construction forces if portions of the Work depend on Owner's construction. 3.7 PROGRESS CLEANING A. General: Clean Project site and work areas frequently, including common areas. Coordinate progress cleaning for joint-use areas where more than one installer has worked. Enforce requirements strictly. Dispose of materials lawfully. 1. Comply with requirements in NFPA 241 for removal of combustible waste materials and debris. 2. Do not hold materials more than 7 days during normal weather or 3 days if the temperature is expected to rise above 80 deg F(27 deg C). 3. Containerize hazardous and unsanitary waste materials separately from other waste. Mark containers appropriately and dispose of legally, according to regulations. 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. WINCO STORE NO. 23 (Bakery Alcove) EXECUTION 017300 - 5 ,4 WINCO FOODS, LLC 03/13 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: Burying or burning waste materials on-site will not be permitted. Washing { waste materials down sewers or into waterways will not be permitted. 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. 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. 3.8 STARTING AND ADJUSTING A. Start equipment and operating components to confirm proper operation. Remove malfunctioning units, replace with new units, and retest. B. Adjust operating components for proper operation without binding. Adjust equipment for proper operation. - C. Test each piece of equipment to verify proper operation. Test and adjust controls and safeties. Replace damaged and malfunctioning controls and equipment. D. Manufacturer's Field Service: If a factory-authorized service representative is required to inspect field-assembled components and equipment installation, comply with qualification requirements in Division 01 Section "Quality Requirements." 3.9 PROTECTION OF INSTALLED CONSTRUCTION A. Provide final protection and maintain conditions that ensure installed Work is without damage or deterioration at time of Substantial Completion. yi B. Comply with manufacturer's written instructions for temperature and relative humidity. ,. l 3.10 CORRECTION OF THE WORK A. Repair or remove and replace defective construction. Restore damaged substrates and finishes. Comply with requirements in Division 01 Section "Cutting and Patching." 1. Repairing includes replacing defective parts, refinishing damaged surfaces, touching up with matching materials,and properly adjusting operating equipment. B. Restore permanent facilities used during construction to their specified condition. WINCO STORE NO. 23 (Bakery Alcove) EXECUTION 017300 -6 —I WINCO FOODS, LLC 03/13 C. Remove and replace damaged surfaces that are exposed to view if surfaces cannot be repaired without visible evidence of repair. D. Repair components that do not operate properly. Remove and replace operating components that cannot be repaired. E. Remove and replace chipped, scratched, and broken glass or reflective surfaces. END OF SECTION 017300 WINCO STORE NO. 23 (Bakery Alcove) EXECUTION 017300 - 7 WINCO FOODS, LLC 03/13 SECTION 017329 - CUTTING AND PATCHING PART l - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY • A. This Section includes procedural requirements for cutting and patching. B. Related Sections include the following: 1. Division 01 Section "Selective Structure Demolition" for demolition of selected portions of the building. 2. Divisions 02 through 49 Sections for specific requirements and limitations applicable to cutting and patching individual parts of the Work. 1.3 DEFINITIONS A. Cutting: Removal of in-place construction necessary to permit installation or performance of other Work. B. Patching: Fitting and repair work required to restore surfaces to original conditions after installation of other Work. • 1.4 QUALITY ASSURANCE A. Structural Elements: Do not cut and patch structural elements in a manner that could change their load-carrying capacity or load-deflection ratio. B. Structural Elements: Do not cut and patch structural elements in a manner that could change their load-carrying capacity or load-deflection ratio. C. Operational Elements: Do not cut and patch operating elements and related components in a manner that results in reducing their capacity to perform as intended or that results in increased maintenance or decreased operational life or safety. D. Miscellaneous Elements: Do not cut and patch miscellaneous elements or related components in a manner that could change their load-carrying capacity, that results in reducing their capacity to perform as intended,or that result in increased maintenance or decreased operational life or safety. WINCO STORE NO. 23 (Bakery Alcove) CUTTING AND PATCHING 017329 - 1 WINCO FOODS, LLC 03/13 E. Visual Requirements: Do not cut and patch construction in a manner that results in visual evidence of cutting and patching. Do not cut and patch construction exposed on the exterior or in occupied spaces in a manner that would, in Architect's opinion, reduce the building's aesthetic qualities. Remove and replace construction that has been cut and patched in a visually unsatisfactory manner. PART 2 -PRODUCTS 2.1 MATERIALS A. General: Comply with requirements specified in other Sections. B. In-Place Materials: Use materials identical to in-place materials. For exposed surfaces, use materials that visually match in-place adjacent surfaces to the fullest extent possible. 1. If identical materials are unavailable or cannot be used, use materials that, when installed, will match the visual and functional performance of in-place materials. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine surfaces to be cut and patched and conditions under which cutting and patching are to be performed. 1. Compatibility: Before patching, verify compatibility with and suitability of substrates, including compatibility with in-place finishes or primers. 2. Proceed with installation only after unsafe or unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Temporary Support: Provide temporary support of Work to be cut. B. Protection: Protect in-place construction during cutting and patching to prevent damage. Provide protection from adverse weather conditions for portions of Project that might be exposed during cutting and patching operations. C. Adjoining Areas: Avoid interference with use of adjoining areas or interruption of free passage 1 to adjoining areas. D. Existing Utility Services and Mechanical/Electrical Systems: Where existing services/systems are required to be removed, relocated, or abandoned, bypass such services/systems before cutting to prevent interruption to occupied areas. If services interruption is unavoidable, coordinate with WinCo Construction Manager and Utility to schedule date, time and length of interruption. WINCO STORE NO. 23 (Bakery Alcove) CUTTING AND PATCHING 017329 -2 WINCO FOODS, LLC 03/13 3.3 PERFORMANCE A. General: Employ skilled workers to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time, and complete without delay. 1. Cut in-place construction to provide for installation of other components or performance of other construction, and subsequently patch as required to restore surfaces to their original condition. B. Cutting: Cut in-place construction by sawing, drilling, breaking, chipping, grinding, and similar operations, including excavation, using methods least likely to damage elements retained or adjoining construction. If possible, review proposed procedures with original Installer; comply with original Installer's written recommendations. 1. In general, use hand or small power tools designed for sawing and grinding, not hammering and chopping. Cut holes and slots as small as possible, neatly to size required, and with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use. 2. Finished Surfaces: Cut or drill from the exposed or finished side into concealed surfaces. 3. Concrete or Masonry: Cut using a cutting machine, such as an abrasive saw or a diamond-core drill. 4. Excavating and Backfilling: Comply with requirements in applicable Division 31 Sections where required by cutting and patching operations. 5. Mechanical and Electrical Services: Cut off pipe or conduit in walls or partitions to be removed. Cap, valve, or plug and seal remaining portion of pipe or conduit to prevent entrance of moisture or other foreign matter after cutting. 6. Proceed with patching after construction operations requiring cutting are complete. C. Patching: Patch construction by filling, repairing,refinishing, closing up, and similar operations following performance of other Work. Patch with durable seams that are as invisible as possible. Provide materials and comply with installation requirements specified in other Sections. 1. Inspection: Where feasible, test and inspect patched areas after completion to demonstrate integrity of installation. 2. Exposed Finishes: Restore exposed finishes of patched areas and extend finish restoration into retained adjoining construction in a manner that will eliminate evidence of patching and refinishing. a. Clean piping, conduit, and similar features before applying paint or other finishing materials. b. Restore damaged pipe covering to its original condition. 3. Floors and Walls: Where walls or partitions that are removed extend one finished area into another, patch and repair floor and wall surfaces in the new space. Provide an even surface of uniform finish, color, texture, and appearance. Remove in-place floor and wall coverings and replace with new materials, if necessary, to achieve uniform color and appearance. a. Where patching occurs in a painted surface, apply primer and intermediate paint coats over the patch and apply final paint coat over entire unbroken surface WINCO STORE NO. 23 (Bakery Alcove) CUTTING AND PATCHING 017329- 3 WINCO FOODS, LLC 03/13 containing the patch. Provide additional coats until patch blends with adjacent surfaces. 4. Ceilings: Patch, repair, or rehang in-place ceilings as necessary to provide an even-plane surface of uniform appearance. 5. Exterior Building Enclosure: Patch components in a manner that restores enclosure to a weathertight condition. D. Cleaning: Clean areas and spaces where cutting and patching are performed. Completely remove paint, mortar, oils,putty, and similar materials. END OF SECTION 017329 ti WINCO STORE NO. 23 (Bakery Alcove) CUTTING AND PATCHING 017329 -4 WINCO FOODS, LLC 3/14 SECTION 017700 - CLOSEOUT PROCEDURES PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for contract closeout, including, but not limited to, the following: 1. Inspection procedures. 2. Warranties. 3. Final cleaning. 4. Systems Integration 5. Requirements for final payment, including final Change Order Requests and release of retainage. 6. Grand Opening Trade Representatives/On-Site Requirements. B. Related Sections include the following: 1. Division 01 Section "Payment Procedures" for requirements for Applications for Payment for Substantial and Final Completion. 2. Division 01 Section "Execution" for progress cleaning of Project site. 3. Division 01 Section "Project Record Documents" for submitting Record Drawings, Record Specifications, and Record Product Data. 4. Division 01 Section "Operation and Maintenance Data" for operation and maintenance manual requirements. 5. Division 01 "General Commissioning Requirements" for specific commissioning requirements. 6. Division 22 "Commissioning of Plumbing" for specific commissioning of plumbing requirements. 7. Division 23 "Commissioning of HVAC Systems" for specific commissioning of HVAC requirements. 8. Division 23 "Commissioning of Refrigeration" for specific commissioning of refrigeration requirements. 9. Division 26 "Commissioning of Electrical" for specific commissioning of electrical requirements. 10. Divisions 02 through 49 Specification Sections for specific closeout and special cleaning requirements for the Work in those Sections. C. Closeout Documents 1. Except for the Systems Integration and Commissioning Services timeline requirements which are explained in Paragraph 3.2 all other required closeout documents that are listed in Paragraphs 1.2A and B shall be submitted as follows. WINCO STORE NO. 23 (Bakery Alcove) CLOSEOUT PROCEDURES 017700 - 1 WINCO FOODS, LLC 3/14 2. Project Record Documents a. One (1) set of hard copy record Drawings and Specifications shall be delivered to the store by the Contractor and placed on the rack and shelf on the front platform above the cart storage. b. All other closeout documents required shall be submitted to the Architect of Record in electronic format on disk(s). The Architect of Record shall review all ' electronic documents and notify the contractor as to the completion of the closeout. Once completed, the Architect of Record shall copy to a flash drive all Closeout requirements and transmit to the Owner. __ 3. The Contractor shall complete and submit all electronic closeout documents to the Architect of Record and deliver and mount the hard copy set of drawings and specifications to the store within thirty(30)days of substantial completion. 1.3 FINAL COMPLETION A. Preliminary Procedures: Before requesting final inspection for determining date of Final Completion and request final payment, complete the following: 1. Submit a final Application for Payment according to Division 01 Section "Payment Procedures". Include any final accounting for changes to the contract amount and all final payment lien releases. 2. Submit evidence of final, continuing insurance coverage complying with insurance requirements. 3. Instruct Owner's personnel in operation, adjustment, and maintenance of products, equipment, and systems. 4. Submit all final meter readings for all utilities, statements of stored fuel and all final accounting for utility switch over and payment for stored fuel if required. 5. Submit Consent of Surety to final payment(if required). 6. Certificate of Occupancy. 7. Contractor Affidavit. 8. Final Property Survey. 9. See Section 017823 for 0&M Manuals. 10. See Section 017839 for Record Documents. 11. Polished Concrete System Acceptance Form. 12. Paging System final approval check list per Section 275116. 13. HVAC completion checklist per Section 230000. 14. Equipment Inventory Forms and Refrigerant Tracking Forms per Section 019115. 15. The HVAC, BMS and Refrigeration Commissioning shall be completed, the commissioning report submitted to the proper contractors and the punch list items completed prior to submitting for retainage. The commissioning report (punch list) and the response letters stating completion of the correction items shall be part of the close out package. See Paragraph 3.3.A. 16. Also submit the previously submitted "Pad Certificate" with the Closeout Documents Package. B. Reinspection: Prepare a final Certificate for Payment after reinspection. WinCo Construction Manager will notify Contractor of construction items that must be completed or corrected before final certificate for payment will be accepted. 1. Reinspection will be repeated if necessary. WINCO STORE NO. 23 (Bakery Alcove) CLOSEOUT PROCEDURES 017700 -2 WINCO FOODS, LLC 3/14 1.4 WARRANTIES A. Organize warranty documents into an orderly sequence based on the table of contents of the Project Manual. 1. Submit warranties and bonds in electronic format on disk(s). 2. Provide a Table of Contents to identify the product or installation with a typed description of the product or installation, including the name of the product and the name, address,and telephone number of Installer. 3. Identify each disk on the front and spine with the typed or printed title "WARRANTIES," Project name, and name of Contractor. B. Include copies of each warranty as required for each operation and maintenance disk. 1.5 RETAINAGE, FINAL PAYMENT AND FINAL CHANGE ORDER REQUESTS A. WinCo Foods, LLC will not release retainage until all work is 100% complete to include all punch list corrections and all project closeout procedures listed in this Specification Section 017700 are completed and submitted to and approved by the Architect of Record. Retainage will not be reduced below the maximum amount allowed by statutory limits before final payment. B. Upon receipt of final payment, to include retainage, the Contractor shall submit to the Owner within 24 hours, the final Contractor's Affidavit of Release of Liens with no exceptions listed and includes all Unconditional Releases and Waivers of Liens from the Contractor, Subcontractors and Material and Equipment Suppliers. C. All final Contractor's Change Order Requests shall be submitted to the Architect of Record within fifteen (15) consecutive days from the Substantial Completion Date. Any Contractor Change Order Requests received after that date, will not be accepted, unless specifically directed by the Owner,to accept the"C.O.R.". PART 2 - PRODUCTS 2.1 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 3.1 FINAL CLEANING A. General: Provide final cleaning. Conduct cleaning and waste-removal operations to comply with local laws and ordinances and Federal and local environmental and antipollution regulations. WINCO STORE NO. 23 (Bakery Alcove) CLOSEOUT PROCEDURES 017700 -3 WINCO FOODS, LLC 3/14 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 inspection 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 that are the cause of building construction. b. Sweep paved areas broom clean. Remove petrochemical spills, stains, and other foreign deposits. c. Rake grounds that are neither planted nor paved to a smooth, even-textured surface. d. Remove tools, construction equipment, machinery, and surplus material from Project site. e. Remove snow and ice to provide safe access to building. f. 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. g. Remove debris and surface dust from limited access spaces, including roofs, plenums, shafts,trenches,equipment vaults, manholes, attics, and similar spaces. _ h. Sweep concrete floors broom clean in unoccupied spaces. i. Clean transparent materials, including mirrors and glass in doors and windows. Remove glazing compounds and other noticeable, vision-obscuring materials. Replace chipped or broken glass and other damaged transparent materials. Polish mirrors and glass,taking care not to scratch surfaces. j. Remove labels that are not permanent. k. 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 similar labels, including mechanical and electrical nameplates and glazing labels. 1. Wipe surfaces of mechanical and electrical equipment and similar equipment. Remove excess lubrication, paint and mortar droppings, and other foreign substances. m. Replace parts subject to unusual operating conditions. -� n. Clean plumbing fixtures to a sanitary condition, free of stains, including stains resulting from water exposure. o. Replace disposable air filters and clean permanent air filters. Clean exposed 1 surfaces of diffusers,registers,and grills. p. Clean light fixtures, lamps, globes, and reflectors to function with full efficiency. Replace burned-out bulbs, and those noticeably dimmed by hours of use, and defective and noisy starters in fluorescent and mercury vapor fixtures to comply with requirements for new fixtures. q. Leave Project clean and ready for occupancy. C. Comply with safety standards for cleaning. Do not burn waste materials. Do not bury debris or excess materials on Owner's property. Do not discharge volatile, harmful, or dangerous materials into drainage systems. Remove waste materials from Project site and dispose of lawfully. WINCO STORE NO. 23 (Bakery Alcove) CLOSEOUT PROCEDURES 017700 -4 WINCO FOODS, LLC 3/14 3.2 SYSTEMS INTEGRATION A. Systems Integration for BMS and Refrigeration Controls: 1. The control systems integration shall begin on day 176 of construction. An Owner provided Systems Integrator shall be on site starting on this date and will provide the Contractor with the control system HMI, strategies, VAV Box calibration requirements and the point-to-point checkout lists. 2. A pre-systems integration meeting will be held approximately 4 weeks prior to the start of systems integration to discuss the timing of the visits and expectations of the contractor. During this meeting a checklist will be provided to the contractor with a list of items that need to be completed prior to the start of systems integration. The contractor is required to complete these items and will be held responsible for additional costs incurred by the systems integrator as a result of incomplete work. 3. The Contractor shall review all system strategies for correct operation and provide a list of concerns to the Systems Integrator for review by day 189. 4. The Contractor shall complete the VAV Box Calibration and the point-to point checkout lists and return to the Systems Integrator no later than day 191. 3.3 COMMISSIONING CLOSEOUT A. Commissioning for HVAC,Refrigeration and BMS: 1. The first Commissioning Inspection by Owner Representative (Commissioning Inspector) shall begin on day 197 of construction, which is immediately following the completion of the BMS and Refrigeration Systems Integration. The first Commissioning Inspection shall be completed within 5 days from start of inspection (day 201 of construction). All commissioning inspections shall be conducted jointly by the Commissioning Inspector/Engineer, WinCo Construction Manager and the Contractor's Superintendent. 2. The second Commissioning Inspection by Owner Representative (Commissioning Inspector) shall begin on day 211 of construction. The second Commissioning Inspection shall be completed within 5 days from the start of the inspection (day 215 of construction). During this Inspection, the Commissioning Inspector shall continue to verify that systems are operating and installed as intended and per the contract documents, confirm the completion of the work by the Contractor(s) involved and verify that all corrections are in compliance with the contract documents. 3. The third Commissioning Inspection by Owner Representative (Commissioning Inspector) shall begin 1 day prior to Soft Grand Opening, and be completed Soft Grand Opening Day. During this Inspection, the Commissioning Inspector shall provide Owner training on general system operation, continue to verify that systems are operating and installed as intended and per the contract documents, confirm the completion of the work by the Contractor(s) involved, and verify that all corrections are in compliance with the contract documents. 4. The Commissioning Inspector shall complete and distribute the Issues Report (Punch List) on a daily basis from the start date of commissioning(Day 197) to completion date (Soft Grand Opening Day). WINCO STORE NO. 23 (Bakery Alcove) CLOSEOUT PROCEDURES 017700 - 5 WINCO FOODS, LLC 3/14 5. The Commissioning Inspector shall complete and distribute a Final Commissioning Report containing all Pre-functional Testing Forms completed by the Contractor, Functional Testing Forms completed by the Commissioning Inspector, and complete Issues Report within 10 days of Soft Grand Opening. The Commissioning Inspector shall distribute electronically the Final Commissioning Report to each recipient listed in Paragraph 3.3.A.6. For new issues that are discovered after the Final Commissioning Report has been distributed, the Commissioning Inspector shall notify the recipients in Paragraph 3.3.A.6 electronically prior to documenting the issue on the Issues Report. 6. The Commissioning Inspector shall distribute electronically the Issues and Commissioning Reports to the following persons: a. WinCo Foods, LLC; Attn: David Van Etten,Vice President Construction b. WinCo Foods, LLC; Attn: Andrew Beall, Construction Manager c. Bruce W. Petersen,NCARB: Attn: Chad Pollock,Project Architect d. [General Contractor]; Attn:[fill in appropriate name],Project Manager 7. Within 3 days after completion of required corrective work, the General Contractor shall complete and distribute a written response to the Owner, Architect of Record and Commissioning Inspector. The response shall state that the items listed in the Issues and Commissioning Reports are completed or if not, list why and when the item(s) are anticipated to be completed. Responses shall include item completion dates, photos documenting correction(s) and Contractor initials. Send the response electronically to each recipient listed in Paragraph 3.3.A.6. This shall be completed no later than day 214 of construction. 8. The fourth Commissioning Inspection by Owner Representative (Commissioning Inspector) shall begin approximately 11 months after Substantial Completion. This fourth Commissioning Inspection shall be completed within 2 days from the start of the inspection. During this Inspection, the Commissioning Inspector shall verify that systems are operating as intended and per the contract documents, confirm the completion of the work by the Contractor(s) involved and verify that all corrections are in compliance with the contract documents. 9. The Commissioning Inspector shall complete and distribute a Final Issues Report within 10 days of fourth Commissioning Inspection completion. The Commissioning Inspector shall distribute electronically the Final Issues Report to each recipient listed in Paragraph 3.3.A.6. END OF SECTION 017700 WINCO STORE NO. 23 (Bakery Alcove) CLOSEOUT PROCEDURES 017700 -6 WINCO FOODS, LLC 03/13 SECTION 017823 -OPERATION AND MAINTENANCE DATA PART 1 -GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for preparing the electronic format on disks containing operation and maintenance manuals, including the following: 1. Operation manuals for systems, subsystems, and equipment. 2. Maintenance manuals for the care and maintenance of products, materials, and finishes, systems and equipment. B. See Divisions 02 through 49 Specification Sections for specific operation and maintenance manual requirements for the Work in those Sections. 1.2 SUBMITTALS A. All Manuals: Submit two copies of each disk containing the O&M Manuals with the final closeout package to the Architect for review. The Architect will review and request additional information if required. Once completed, the Architect will forward the closeout package to the Owner. PART 2 -PRODUCTS 2.1 MANUALS ON ELECTRONIC DISK(S), GENERAL A. Organization: Unless otherwise indicated, organize each disk showing each manual into a separate section for each system and subsystem, and a separate section for each piece of equipment not part of a system. Each disk shall contain a title page and a table of contents, of the manual contents. B. Electronic Title Page: Include the following information: 1. Subject matter included in manual. 2. Name and address of Project. 3. Name and address of Owner. 4. Date of submittal. 5. Name, address, and telephone number of Contractor. 6. Name and address of Architect and appropriate Engineer. 7. Cross-reference to related systems in other operation and maintenance manuals. C. Electronic Table of Contents: List each product included in the manual, identified by product name, indexed to the content of the volume, and cross-referenced to Specification Section number in Project Manual. WINCO STORE NO. 23 (Bakery Alcove) OPERATION AND MAINTENANCE DATA 017823 - 1 WINCO FOODS, LLC 03/13 D. Manual Contents: Organize into disk(s) to arrange contents alphabetically by system, subsystem, and equipment. If possible, assemble instructions for subsystems, equipment, and components of one system onto a single disk. 1. Electronic Disks: CD or DVD disk as required to get the information required on one disk. a. Identify each disk on front and spine, with printed title "OPERATION AND MAINTENANCE MANUAL," Project title or name, and subject matter of contents. Indicate volume number for multiple-volume sets. 2. Dividers: Prepare and scan dividers for each section to coincide with the Table of Contents. Include a list of products and major components of equipment included in the section on each divider, cross-referenced to Specification Section number and title of - Project Manual. 3. Scan required Drawings and include in the manual: a. If oversize drawings are necessary, scan drawing as is, into a pdf format. 2.2 ELECTRONIC DISK(S)FOR OPERATION MANUALS A. Content: In addition to requirements in this Section, include operation data required in individual Specification Sections and equipment descriptions, operating standards, operating procedures, operating logs, wiring and control diagrams, and license requirements all on electronic disk(s). B. Descriptions: Scan and include or prepare the following electronic information for description of projects in the Operations Manual: — 1. Product name and model number. 2. Manufacturer's name. 3. Equipment identification with serial number of each component. 4. Equipment function. 5. Operating characteristics. 6. Limiting conditions. 7. Performance curves. 8. Engineering data and tests. 9. Complete nomenclature and number of replacement parts. 1 C. Operating Procedures: Include start-up, break-in, and control procedures; stopping and normal shutdown instructions; routine, normal, seasonal, and weekend operating instructions; and required sequences for electric or electronic systems. D. Systems and Equipment Controls: Describe the sequence of operation, and diagram controls as _ installed. E. Piped Systems: Diagram piping as installed, and identify color-coding where required for identification. WINCO STORE NO. 23 (Bakery Alcove) OPERATION AND MAINTENANCE DATA 017823 -2 WINCO FOODS, LLC 03/13 2.3 ELECTRONIC DISK(S) FOR PRODUCT MAINTENANCE MANUAL A. Content: Organize manual into a separate section for each product, material, and finish. Include source information, product information, maintenance procedures, repair materials and sources, and warranties and bonds, as described below. B. 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. C. Product Information: Scan and include or prepare the following, as applicable electronic information: 1. Product name and model number. 2. Manufacturer's name. 3. Color, pattern, and texture. 4. Material and chemical composition. 5. Reordering information for specially manufactured products. D. Maintenance Procedures: Include manufacturer's written recommendations and inspection procedures, types of cleaning agents, methods of cleaning, schedule for cleaning and maintenance, and repair instructions. E. Repair Materials and Sources: Include lists of materials and local sources of materials and related services. F. Warranties and Bonds: Include copies of warranties and bonds and lists of circumstances and conditions that would affect validity of warranties or bonds. 2.4 ELECTRONIC DISK(S) FOR SYSTEMS AND EQUIPMENT MAINTENANCE MANUAL A. Content: For each system, subsystem, and piece of equipment not part of a system, include source information, manufacturers' maintenance documentation, maintenance procedures, maintenance and service schedules, spare parts list and source information, maintenance service contracts, and warranty and bond information, as described below. B. Source Information: List each system, subsystem, and piece of equipment 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. C. Manufacturers' Maintenance Documentation: Manufacturers' maintenance documentation including maintenance instructions, drawings and diagrams for maintenance, nomenclature of parts and components, and recommended spare parts for each component part or piece of equipment: D. Maintenance Procedures: Include test and inspection instructions, troubleshooting guide, disassembly instructions, and adjusting instructions, (and demonstration and training videotape if available),that detail essential maintenance procedures: WINCO STORE NO. 23 (Bakery Alcove) OPERATION AND MAINTENANCE DATA 017823 -3 WINCO FOODS, LLC 03/13 E. Maintenance and Service Schedules: Include service and lubrication requirements, list of required lubricants for equipment, and separate schedules for preventive and routine maintenance and service with standard time allotment. F. Spare Parts List and Source Information: Include lists of replacement and repair parts, with parts identified and cross-referenced to manufacturers' maintenance documentation and local - sources of maintenance materials and related services. G. Warranties and Bonds: Include copies of warranties and bonds and lists of circumstances and conditions that would affect validity of warranties or bonds. PART 3 -EXECUTION 3.1 ELECTRONIC DISK(S)MANUAL PREPARATION A. Product Maintenance Manual: Assemble a complete set of maintenance data indicating care and maintenance of each product, material,and finish incorporated into the Work. B. Operation and Maintenance Manuals: Assemble a complete set of operation and maintenance data indicating operation and maintenance of each system, subsystem, and piece of equipment not part of a system. C. Manufacturers' Data: Where manuals contain manufacturers' standard printed data, scan and include sheets pertinent to product or component installed. Mark each sheet to identify each product or component incorporated into the Work and tie to Table of Contents. If data include more than one item in a tabular format, identify each item using appropriate references from the Contract Documents. Identify data applicable to the Work and tie to Table of Contents. Delete - references to information not applicable. END OF SECTION 017823 WINCO STORE NO. 23 (Bakery Alcove) OPERATION AND MAINTENANCE DATA 017823 -4 WINCO FOODS, LLC 03/13 SECTION 017839 - PROJECT RECORD DOCUMENTS PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 12 SUMMARY A. This Section includes administrative and procedural requirements for Project Record • Documents, including the following: 1. Record Drawings (hardcopies and electronic copies (PDF). 2. Record Specifications(hardcopies and electronic copies (PDF). B. Related Sections include the following: 1. Division 01 Section "Closeout Procedures" for general closeout procedures. 2. Division 01 Section "Operation and Maintenance Data" for operation and maintenance manual requirements. 3. Divisions 02 through 49 Sections for specific requirements for Project Record Documents of the Work in those Sections. 1.3 SUBMITTALS A. Record Drawings: Comply with the following: 1. Number of Electronic Copies: Scan and submit one (1) complete set of Marked up Record Prints to the Architect on a disk in 'PDF' format as part of the Closeout Package. The Architect shall notify the Contractor as to the completion of the Closeout and once completed, the A.O.R. shall forward to Owner. B. Record Specifications: Comply with the following: 1. Number of Electronic Copies: Scan and submit one (1) copy of the marked up and/or revised Project Manual including Specifications, Addenda and Contract modifications to the Architect on disk in 'PDF' format as part of the Closeout Package. The Architect shall notify the Contractor as to the completion of the Record Drawings and once completed,the A.O.R. shall forward to the Owner. WINCO STORE NO. 23 (Bakery Alcove) PROJECT RECORD DOCUMENTS 017839 - 1 WINCO FOODS, LLC 03/13 PART 2 - PRODUCTS 2.1 RECORD DRAWINGS A. Record Prints: During Construction Maintain one set of black-line white prints of the Contract Drawings. 1. Preparation: Mark Record Prints to show the actual installation where installation varies from that shown originally. Require individual or entity who obtained record data, whether individual or entity is Installer, subcontractor, or similar entity, to prepare the marked-up Record Prints as supervised by the Contractor's Superintendant. a. Give particular attention to information on concealed elements that would be difficult to identify or measure and record later. b. Accurately record information in an understandable drawing technique. c. Record data as soon as possible after obtaining it. Record and check the markup before enclosing concealed installations. 2. 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. Depths of foundations below first floor. d. Locations and depths of underground utilities. e. Revisions to routing of piping and conduits. f. Revisions to electrical circuitry. g. Actual equipment locations. h. Duct size and routing. i. Locations of concealed internal utilities. j. Changes made by Change Order or Construction Change Directive. k. Changes made following Architect's written orders. 1. Details not on the original Contract Drawings. m. Field records for variable and concealed conditions. n. Record information on the Work that is shown only schematically. 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. Note Construction Change Directive numbers, alternate numbers, Change Order numbers, and similar identification, where applicable. -� B. Format: Identify and date each Record Drawing Sheet; ,include the designation "PROJECT RECORD DRAWING" in a prominent location. 1. Record Prints: Organize Record Prints to follow original contract drawing layout and identify as follows: a. Date. b. Designation "PROJECT RECORD DRAWINGS." WINCO STORE NO. 23 (Bakery Alcove) PROJECT RECORD DOCUMENTS 017839 -2 WINCO FOODS, LLC 03/13 c. Name of WinCo Construction Manager. d. Name of Architect and Architect's Project Manager. e. Name of Contractor and Contractor's Project Manager and Superintendant. 2.2 RECORD PROJECT MANUAL INCLUDING SPECIFICATIONS A. Preparation: Mark Project Manual including Specifications to indicate the actual product installation where installation varies from that indicated in Specifications, addenda, and contract modifications. 1. Record the name of manufacturer, supplier, Installer, _subcontractors and other information necessary to provide a record of changes made. PART 3 - EXECUTION 3.1 RECORDING AND MAINTENANCE A. Recording: Maintain one copy of the drawings and Project Manual including specifications during the construction period for Project Record Document purposes. Post changes and modifications to Project Record Documents as they occur to avoid missing the recordation of the changes made. DO NOT WAIT UNTIL THE END OF THE PROJECT TO RECORD THE INFORMATION. B. Maintenance of Record Documents and Samples: Store Record Documents and Samples 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 and WinCo Construction Manager reference during site visits. 3.2 FINAL PROCESSING OF DRAWINGS AND PROJECT MANUAL. A. Before mounting the hard copy of Record Drawings in the store, SCAN the Record Drawings to an electronic disk for delivery to the Architect. 1. Deliver disk to the Architect with Closeout Package for review. 2. Place record drawings in PVC tube as described on Sheet A2.1, Keyed Note 23. B. Before placing the hard copy of the Record Project Manual including Specifications in the store, SCAN the Project Manual including Specifications, Addenda and Contract Modifications. 1. Deliver disk to Architect with Closeout Package for review. END OF SECTION 017839 WINCO STORE NO. 23 (Bakery Alcove) PROJECT RECORD DOCUMENTS 017839 -3 WINCO FOODS LLC 03/14 019115A—REFRIGERANT COMPLIANCE PLAN ATTACHMENT A NON-DISCLOSURE AGREEMENT AGREEMENT DATE: NON-DISCLOSURE AGREEMENT (FACILITIES) This Non-Disclosure Agreement ("Agreement") is entered into and made effective as of the date set forth above, by and between WinCo Foods, LLC and Contractor, as identified below. WinCo Foods, LLC and Contractor hereby agree as follows with respect to the disclosure of Confidential Information hereunder: 1: Purpose of Disclosure and Restriction on Use. Confidential Information (as defined below) is disclosed by WinCo Foods to Contractor hereunder strictly for the purpose of evaluating, establishing or maintaining a business relationship between the parties wherein said business relationship involves the provision of services by Contractor to WinCo Foods (the "Purpose"). Contractor shall use the Confidential Information solely in accordance with the terms of this Agreement to accomplish the Purpose and shall make no further use, in whole or in part, of any Confidential Information. 2. Confidential Information. a. "Confidential Information" means any and all information (subject to Section 2(b) below) that: (i) is disclosed by WinCo Foods to Contractor either in tangible form, (e.g., in writing), or in intangible form, (e.g., orally or visually), or (ii) Contractor observes or perceives while present at WinCo Foods's facilities. There is no requirement to mark or label any such information as "Confidential." Without limiting the foregoing, Confidential Information shall include drawings, blueprints, specifications, technical information and know-how, performance and process data, cost and financial information, marketing and business plans, construction plans and schedules, production layouts, square footages, design concepts, and refrigerant types and quantities used. b. Confidential Information does not include that which (i) is rightfully in Contractor's possession at the time of disclosure without an obligation of confidentiality, (ii) is or becomes available to the public through no breach of this Agreement, (iii) is approved for non-confidential release by written authorization of WinCo Foods, (iv) is independently developed by Contractor without use of WinCo Foods's Confidential Information, or (v) is lawfully WINCO STORE NO. 23 019115A - 1 REFRIGERANT COMPLIANCE PLAN—ATTACHMENT A WINCO FOODS LLC 03/14 obtained from a third party without restriction and without breach of this or any other agreement. -1 3. Non-Disclosure. Contractor will maintain the Confidential Information with at least the same degree of care it uses to protect its own proprietary information, but in no case with less than reasonable care. Contractor will not disclose WinCo Foods's Confidential Information to any third party except as provided for in this Agreement. Contractor may disclose Confidential Information strictly on a "need to know" basis to (i) its employees, and (ii) third parties working under contract to Contractor for the direct benefit of WinCo Foods ("Authorized Subcontractors"), provided that, in each case, such disclosures are limited to only that Confidential Information necessary to accomplish the Purpose. Contractor shall monitor such employees and Authorized Subcontractors to ensure that they are not inappropriately disclosing or using Confidential Information in violation of the terms of this Agreement and Contractor shall remain liable for any unauthorized disclosure or use of Confidential Information by any such employee or Authorized Subcontractor. In the event Contractor is required to disclose WinCo Foods's Confidential Information pursuant to a judicial or governmental order or regulation, Contractor will promptly notify WinCo Foods to allow intervention in response to such order and will cooperate with WinCo Foods 's efforts to protect the Confidential Information. Contractor shall notify WinCo Foods promptly in the event of any disclosure of Confidential Information not authorized under this Agreement. 4. Subsidiaries. "Subsidiary" shall mean any legal entity that is directly or indirectly wholly owned by a party hereto, whether such entity now exists or is hereafter created. Each party warrants that it has the authority to execute this Agreement on behalf of its Subsidiaries. The group of companies consisting of Contractor and its Subsidiaries shall be jointly and severally liable for any breach of this Agreement by any member of such group. 5. Rights. All Confidential Information of WinCo Foods shall remain the property of WinCo 1 Foods and nothing in this Agreement shall restrict WinCo Foods from using, disclosing or disseminating its own Confidential Information in any way. 6. Term. This Agreement will become effective as of the Effective Date and will continue until thirty (30) days after either party provides written notice of termination to the other party. The confidentiality obligations hereunder will survive termination of this Agreement and will terminate only when (i) the information disclosed meets one of the exceptions set forth in Section 2(b) above, or (ii) upon mutual agreement of the parties. Contractor, within ten (10) business days following the receipt of a written request, shall return or certify to the destruction of the WinCo Foods's Confidential Information including, without limitation, hard copy and electronic documents and all materials created by Contractor that contain WinCo Foods's Confidential Information. 7. Contractor Information. WinCo Foods does not wish to receive any confidential information from Contractor and WinCo Foods assumes no obligation, either express or WINCO STORE NO. 23 019115A-2 REFRIGERANT COMPLIANCE PLAN—ATTACHMENT A WINCO FOODS LLC 03/14 implied, with respect to any information disclosed by Contractor to WinCo Foods. 8. Copies and Labels. Contractor shall not make any copies of Confidential Information, except as strictly necessary to carry out the above-stated Purpose. Any copies that are made must be identical to the original, may not be modified,and shall be considered the property of WinCo Foods. In addition Contractor agrees that it will not remove, overprint or deface any notice of copyright, trademark, service mark, logo, or other labels or indicia of ownership from any Confidential Information. 9. Governing Law and Attorneys' Fees. This Agreement and the transactions hereunder will be governed by the laws of the State of Idaho, U.S.A., excluding its conflict of laws principles. The parties hereby consent to the personal jurisdiction of the courts of Idaho for any dispute arising out of this Agreement. In the event of any suit, action or proceeding arising out of or relating to this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and reasonable costs incurred. 10. General. This Agreement: (i) may be amended or modified only by an express agreement signed by authorized representative of each party; (ii) will not be construed as creating a joint venture, partnership or other form of business association; (iii) is not assignable or delegable (including by merger, operation of law, or through the transfer of all or substantially all of the equity, assets, or business of a party to this Agreement) in whole or in part by a party without the prior written consent of WinCo Foods; (iv) shall inure to the benefit of and be binding upon the parties, their successors, the assigns of WinCo Foods and the permitted assigns of Contractor; (v) may be executed in any number of counterpart originals, each of which shall be deemed an original instrument for all purposes, but all of which shall comprise one and the same instrument; and (vi) may be delivered electronically and an electronic copy of this Agreement shall be binding as an original. 11. Injunctive Relief. Contractor acknowledges that disclosure of Confidential Information in violation of the terms of this Agreement may cause irreparable harm to WinCo Foods for which monetary damages would not be an adequate remedy. Contractor agrees that, in addition to any other remedies available to WinCo Foods, in the event of any breach or threatened breach of this Agreement, WinCo Foods shall be entitled to injunctive relief and Contractor waives any requirement for the posting of a bond in connection therewith. I J I � WINCO STORE NO. 23 019115A - 3 REFRIGERANT COMPLIANCE PLAN—ATTACHMENT A l j WINCO FOODS LLC 03/14 IN WITNESS WHEREOF, the parties hereto, have caused this Agreement to be executed by their duly authorized representatives. - WINCO FOODS,LLC CONTRACT OR: 650 N. Armstrong Pl. Boise,ID 83704 By: Signature of Authorized Representative Name: Andrew Beall Printed Name Title: Facilities Project Manager Title -, 1 } 1 1 WINCO STORE NO. 23 019115A -4 REFRIGERANT COMPLIANCE PLAN—ATTACHMENT A J WINCO FOODS LLC 03/14 019115B — REFRIGERANT COMPLIANCE PLAN ATTACHMENT B CONTRACTOR ACKNOWLEDGEMENT FORM (your name), as an authorized representative for (company name) do hereby acknowledge receipt of the documents listed below on (date) and that all of our technicians have received a copy of these documents and agree to abide by the following WinCo policies: 1. We will adhere to the appropriate items within the WinCo Personnel Policy. 2. We will adhere to the WinCo Non-Disclosure Agreement. 3. We will adhere to the WinCo Refrigerant Compliance Plan. 4. We will adhere to any additional jurisdictional refrigerant requirements that are not included within the WinCo Refrigerant Compliance Plan and advise WinCo of such as we become aware of them. 5. All refrigerant use will be specifically noted and transmitted on the approved WinCo form(s) to the attention of the WinCo RCM for tracking.purposes. This reporting is in addition to noting the refrigerant use and leak repair on the invoices and recorded within the stores. 6. We will enter all required information into the Refrigerant Tracking System within the specified timeframes. 7. We understand that we are solely responsible for all information provided on the WinCo form(s) and entered into the Refrigerant Tracking System. 8. We will include copies of the required WinCo form(s) when submitting invoices for payment. We understand that WinCo will not process any invoices until such time as copies of the completed forms are provided. A copy of this form will also be kept on file at the store per the WinCo Refrigerant Compliance Plan. 9. We have received copies of the following WinCo documents: A. WinCo Refrigerant Compliance Plan B. WinCo Refrigerant Compliance Plan Attachment A Non-Disclosure Agreement C. WinCo Refrigerant Compliance Plan Attachment C Contractor Refrigerant Compliance Agreement D. WinCo Refrigerant Compliance Plan Attachment D Insurance Requirements E. WinCo Refrigerant Compliance Plan Attachment E Equipment Inventory Form F. WinCo Refrigerant Compliance Plan Attachment F Refrigerant Tracking Form G. WinCo Refrigerant Compliance Plan Attachment G Leak Inspection Review Form WINCO STORE NO. 23 019115B - 1 REFRIGERANT COMPLIANCE PLAN—ATTACHMENT B WINCO FOODS LLC 03/14 H. WinCo Refrigerant Compliance Plan Attachment H WinCo Company Personnel Policies This form must be submitted to the WinCo RCM prior to starting any work and no less than annually thereafter. Completed form must include a list of all service technicians' names, EPA certification numbers and level of certification (include copies of EPA Certification Cards), and a signed statement that an EPA Recovery Unit Acquisition Certification form has been sent to the EPA. j Signed Date J 1 1 l 1 WINCO STORE NO. 23 019115B -2 REFRIGERANT COMPLIANCE PLAN—ATTACHMENT B _ 1 J WINCO FOODS LLC 03/14 019115C—REFRIGERANT COMPLIANCE PLAN ATTACHMENT C CONTRACTOR REFRIGERANT COMPLIANCE AGREEMENT I, , do hereby acknowledge that all of our service technicians have received training on venting, recovery, recycling, and replacement of chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), hydrofluorocarbons (HFCs), and other refrigerants used in comfort cooling and refrigeration systems, units, and small appliances, and have taken and passed an EPA- approved test appropriate for the equipment they service and/or dispose of. I agree that all of our service technicians will follow procedures for servicing, repairing, and disposing of any and all refrigerant-containing devices. units, and systems as outlined by WinCo company policy and federal, state, and local laws and regulations now in effect or hereinafter enacted. I am aware of the significant harm to the earth's atmosphere caused by venting refrigerants into the air. We agree not to willfully vent refrigerants into the air under any circumstances. I understand that our organization will be held responsible and liable if I or any of our service technicians willfully violate federal, state, or local regulations regarding venting of refrigerants and that we are liable for any and all fines associated with violations. Any unintentional venting will be documented in accordance with company policy. I understand that our organization will be held responsible and liable if I or any of our service technicians willfully provide false or inaccurate information, or fail to provide information as required by federal, state, or local regulations or the WinCo Refrigerant Compliance Plan and that we are liable for any and all fines associated with violations. I understand that if we willfully violate refrigerant handling regulations, we will fully protect, indemnify, hold harmless, and defend WinCo Foods, L.L.C. from and against any and all liability regarding the handling, venting, and/or disposal of any and all refrigerants. We also agree to provide a copy of the Federal Certification numbers for all our service technicians. Should any certifications be revoked, we will notify WinCo Foods, L.L.C. immediately. Signature of Authorized Representative Date Printed Name Company Name WINCO STORE NO. 23 0191 15C - 1 REFRIGERANT COMPLIANCE PLAN—ATTACHMENT C WINCO FOODS LLC 03/14 • 019115D—REFRIGERANT COMPLIANCE PLAN ATTACHMENT D INSURANCE REQUIREMENTS Date: October 3, 2011 The insurance required shall be written for not less than the following limits: • 1. Workers' Compensation: a) State: Statutory b) Applicable Federal: Statutory c) Employer's Liability: $100,000 per Accident 2. Comprehensive General Liability (Including Premises-Operations; Independent Contractors' Protective; Products and Completed Operations; Broad Form Property Damage: a) Combined single limits for bodily injury and property damage: $2,000,000 Each Occurrence $2,000,000 Annual Aggregate b) Property Damage Liability Insurance will provide X, C or U coverage as applicable. 3. Contractual Liability: a) Bodily Injury: $2,000,000 Each Occurrence b) Property Damage: $2,000,000 Each Occurrence $2,000,000 Annual Aggregate 4. Personal Injury, with Employment Exclusion deleted: $2,000,000 Annual Aggregate 5. Comprehensive Automobile Liability: a) Combined Single Limits for bodily injury and property damage: $1,000,000 Each Occurrence $1,000,000 Annual Aggregate i WINCO STORE NO. 23 0191 15D - 1 REFRIGERANT COMPLIANCE PLAN—ATTACHMENT D WINCO FOODS LLC 03/14 019115E—REFRIGERANT COMPLIANCE PLAN ATTACHMENT E EQUIPMENT INVENTORY FORM Complete one (1) form for each new system installed. Completed form must be submitted to the WinCo RCM within five (5) calendar days of equipment start-up. This includes all systems containing refrigerant, regardless of their refrigerant type and full capacity. Form must include a minimum of three (3) named photos for each of the following: system nameplate(s), controller(s), and UO board(s). All fields must be filled out completely and must be legible and capable of being imaged. WinCo Foods Store No.: Address: City, ST Zip: Comfort Cooling System: System Name/Number: Description (RTU/Condensing Unit. etc.): Equipment Manufacturer: Equipment Serial Number*: Equipment Model: Equipment Model Year: Refrigerant Type(s): Full Charge of the System: Method Used to Determine Full Charge: • System Installation Date(Month/Day/Year): General Condition: Description of Area Served (Front Offices,Receiving Area, etc.): Is any refrigerant currently stored on site for this system? ❑Yes No If yes, how many pounds are on site? Control System Manufacturer: Control System Model: Condition of Control System: Compressor#: Manufacturer: Model#: Serial #*: 1 2 3 4 5 *The serial number(s)of the affected equipment or component must be recorded when present and accessible.When the affected equipment or component is part of an assembly without a serial number or does not have an individual serial number or is not accessible after assembly.the physical location of the affected equipment must be recorded in enough detail to permit positive identification. WINCO STORE NO. 23 019115E- REFRIGERANT COMPLIANCE PLAN—ATTACHMENT E WINCO FOODS LLC 03/14 Refrigeration System and/or Refrigeration Rack Serving Comfort Cooling System(s): System Name/Number: Description (rack/single system/protocol, etc.): --I Equipment Manufacturer: Equipment Serial Number*: Equipment Model: Equipment Model Year: ^� Refrigerant Type(s): Full Charge of the System: Method Used To Determine Full Charge: System Installation Date (Month/Day/Year): General Condition: - #of Fixtures Served: Description of Fixtures Served(Meat Cases, Dairy Cooler, etc.): Temperature Classification (Low Temp System, Medium Temp System, etc.): Type(s) of Defrost(Time-Off, Electric, Hot Gas): Is any refrigerant currently stored on site for this system? ❑Yes ❑No If yes, how many pounds are on site? Control System Manufacturer: Control System Model: 1 Condition of Control System: Compressor#: Manufacturer: Model#: Serial#*: 1 2 3 4 5 6 _ j 7 t 8 9 10 Condenser#: Manufacturer: Model#: Serial#*: 1 2 The serial number(s)of the affected equipment or component must be recorded when present and accessible.When the affected equipment or component is part of an assembly without a serial number or does not have an individual serial number or is not accessible after assembly,the physical location of the affected equipment must be recorded in enough detail to permit positive identification. _� a WINCO STORE NO. 23 019115E-2 REFRIGERANT COMPLIANCE PLAN—ATTACHMENT E , WINCO FOODS LLC 03/14 Leak Detection System (LDS): Is there a Leak Detection System(LDS) in the compressor room? ❑Yes ❑No (If yes, please fill out the additional LDS information below. If no, please skip to page 3.) Does the LDS appear to be working correctly? ❑Yes ❑No LDS Equipment Designation (ID#): LDS Manufacturer: LDS Model #: LDS Serial #*: Detection Limit: Alarm Setpoint: System(s)Directly Monitored by this LDS: LDS System Type: ❑ Self-calibrating Concentration Monitor(Direct System) ❑ Concentration Monitor(Direct System) ❑ Parametric Model (Indirect System) ❑ Other(Must Explain in Additional Comments) Concentration Monitor Type: ❑ Distributed inlets or sensors with computer readout ❑ Distributed inlets with central analyzer and readout panel ❑ Distributed sensors with central readout panel ❑ Distributed sensors without central station readout ❑ Other(Must Explain in Additional Comments) Concentration Monitor Manufacturer: Sensor Manufacturer: Number of Sensors: Type of Attached Sensor: ❑ CMOS ❑ Manual • ❑ Corona Discharge ❑ NDIR ❑ Electro Chemical ❑ Open Path ❑ Heated Diode ❑ Solid State ❑ Infra-Red ❑ Ultraviolet ❑ Other(Must Explain in Additional Comments) Specific Location of Sensors/Inlets: WINCO STORE NO. 23 019115E-3 REFRIGERANT COMPLIANCE PLAN—ATTACHMENT E WINCO FOODS LLC 03/14 Additional Comments: 1 1 1 1 Company: Date: Technician Name: Technician Signature: Store Personnel Name: Store Personnel Signature: WINCO STORE NO. 23 019115E-4 REFRIGERANT COMPLIANCE PLAN—ATTACHMENT E WINCO FOODS LLC 03/14 Provide sketch of equipment layout showing general location of major pieces of equipment. Refer to sample below. t (L c rtA r 4';fiC:V. k,A\ 't1") C C 1 C C,C1IVT 12,0.ek, CDIYNI5fe"-,S4'1' N.,"C'))1 - A IZOOC. NISOlin-k eel 1 • 1 1- • -I- ( S el (II f VI 1 WINCO STORE NO. 23 019115E-5 REFRIGERANT COMPLIANCE PLAN—ATTACHMENT E 1 1 WINCO FOODS LLC 03/14 019115F—REFRIGERANT COMPLIANCE PLAN ATTACHMENT F REFRIGERANT TRACKING FORM The contractor must fill out this form every time a leak test is performed, a leak is detected and repaired, or refrigerant is added, removed or recovered. Contractor must enter all information recorded on this form into the WinCo Refrigerant Tracking System within one (1) business day from the date of service, and document corresponding Service Event ID number(s) below. All refrigerants are to be recorded by individual system number and must comply with federal, state and local regulations. One (1) copy of the completed form must be given to the Store Manager and one (1) copy must be submitted with your invoice. Repair all identified refrigerant leaks before leaving the site if feasible. At a minimum all leaks shall be repaired within fourteen (14) calendar days of detection. If a leak cannot be repaired within fourteen (14) calendar days, provide written notice on technician's company letterhead to the RCM which explicitly states the conditions which cause(or are anticipated to cause) a delay in a prompt repair. Such notice is to be provided to WinCo's RCM within two (2) calendar days of discovery. This applies to all systems regardless of the full charge and refrigerant type.g c442‘4.5,ERVItilf Facility Information Store#: City,ST Zip: System Information System Name: System Model#: System Serial#: Refrigerant Type: Details Date of Initial Service Call: Today's Date: Purchase Order#: Reason for Initial Service Call: Amount of New Refrigerant Added(Ibs): Date New Refrigerant Added: Amount of Refrigerant Permanently Removed(Ibs): Date Refrigerant Permanently Removed: Type of Service: Refrigerant Status: Charge Purpose: Condition of New Refrigerant Added: ❑New System Installation ❑Added ❑Leak Repair ❑New ❑Periodic Leak Inspection ❑Permanently Removed ❑Initial Charge ❑Recovered ❑Routine Service ❑N/A(Not Charged ❑Seasonal Adjustment ❑Reclaimed ❑Seasonal Adjustment ❑Recycled Shipped for Reclamation and Destruction Purpose of Shipment: Amount of Refrigerant Shipped(Ibs): Name and Address of Company Refrigerant Was Shipped To: Technician Comments Active Leaks ❑Yes❑No Select"No"if all component/sub-component leaks have been completely repaired or isolated and no refrigerant is leaking anywhere in the entire system. Refrigerant Tracking System Service Event ID(SEID)Number(s) SEID#: WINCO STORE NO. 23 019115F- l REFRIGERANT COMPLIANCE PLAN—ATTACHMENT F l WINCO FOODS LLC 03/14 Leak Detected? ❑Yes❑No❑N/A Date Leak Detected: Leak Repaired? ❑Yes❑No❑N/A Date Leak Repaired: �`` Follow-up Required? ❑Yes❑No .-y ., "��` _ ,, - -°Leaking Component " - . _. ` ' ' ❑Compressor Number: ❑Case Number: ❑Other(Must Explain in Leaking Component Descriptor) —, Leaking Component Descriptor: ' - Leaking Sub-component(check One Location in the Appropriate Column)- 1-= Compressor Condenser Discharge Line Receiver Liquid Line Evaporator Suction Line Other ❑Body or ❑Ball Valve ❑Heat Reclaim ❑King Valve ❑Ball Valve ❑Ball Valve ❑Accumulator ❑No Leak Terminal Lugs ❑Coil Valve ❑Level ❑Differential ❑Coil ❑CPR Found J ❑Fittings ❑Header/ ❑Ball Valve Indicator/ Valve ❑Distributor ❑EPR ❑No ❑Flanges, Piping ❑Check Valve Alarm ❑Drier ❑piping ❑Filter Shell Refrigerant Couplings ❑Pressure ❑Header ❑Pressure ❑Piping/ ❑Schrader ❑Piping/ Added 7 ❑Head Gasket Control ❑Heat Reclaim Relief Valve Header ❑Expansion Header ❑Startup/New ❑Liquid Transducer Coil ❑Sight Glass ❑Pressure Device-TXV, ❑Pressure System 11 Injection Valve ❑Schrader ❑Hot Gas Control Float,Cap Tube Control ❑Must Explain ❑Oil Float ❑Splitting Valve Bypass Transducer ❑Secondary Transducer in Leaking Sub- 10 Oil Separator, ❑Tube Bundle ❑Muffler ❑Pump Heat Exchanger ❑Schrader component -"i Oil Lines (Water Cooled) ❑on ❑Schrader Descriptor i ❑Pressure Separator/Res ❑Sight Glass Control ❑Piping ❑Solenoid ❑Schrader ❑Pressure Valve ❑Shaft Seal Control ❑Sub Cooler I ❑Vibration Transducer Eliminator ❑Pressure -'.) ❑Oil Safety Regulating Control Valves 1 ❑Schrader ' 1 Leaking Sub-component Descriptor: 3 Leak Detection'Methoclt ,t, _ ` '",, ,'. ❑Bubble Test ❑Electronic/Ultrasonic ❑Oil Residue ❑Other(Must Explain in Leak Detection Method Descriptor) , 1 Leak Detection Method Descriptor: Cause of Leak: . I _ -- . RepairMethod - -_- - - __ O Isolated Leaking Part from System ❑Re-Soldered ❑Replaced Gasket or Seal ❑Replaced Part O Replaced Unit ` ❑Retrofitted Refrigerant ❑Retired/Shutdown System-Removed Refrigerant ❑Tightened Connection ❑Under Repair 1=1 Welded Line ❑Other(Must Explain in Repair Method Descriptor) ....7 Repair Method Descriptor: :v:' r ,, Verification Tests'.' ` - . _.`, 1 1st Verification After Leak Was Repaired 2nd Verification After Leak Was Repaired -) Date: Date: Result: Result: 1 Verification Method Verification Method ! ❑Bubble Test ❑Electronic/Ultrasonic ❑Bubble Test ❑Electronic/Ultrasonic ❑Oil Residue ❑Other(Must Explain in Verification Method Descriptor) ❑Oil Residue ❑Other(Must Explain in Verification Method Descriptor) Verification Method Descriptor: Verification Method Descriptor: 1 —,`;Form Issues r 2 ;74',', 8��' V,, 4,', ❑Yes❑No Select"Yes"if there was an issue with this form that did not allow the technician to accurately record the service event.Include the specific issue and service details in the Technician Comments. Store Personnel and Technician Information ._ __ .,, - r, • 1 Store Personnel Signature: Date: __) Store Personnel Printed Name: Technician Signature: Date: - Technician Printed Name: Company Name: Certification#: Certification Type(s): -_� 1 I WINCO STORE NO. 23 019115F- 2 : ; REFRIGERANT COMPLIANCE PLAN-ATTACHMENT F _ j WINCO FOODS LLC 03/14 019115G—REFRIGERANT COMPLIANCE PLAN ATTACHMENT G LEAK INSPECTION REVIEW FORM Form must be completed in its entirety for all systems with a full charge greater than or equal to thirty (30) pounds when performing a regularly scheduled leak inspection as requested by the WinCo RCM, or during the scheduled service visits for preventative maintenance as outlined in the Contract Documents. Contractor must enter all information recorded on this form into the WinCo Refrigerant Tracking System within one (1) business day from the date of service, and document corresponding Service Event ID number(s) below. One (1) copy of the completed form must be given to the Store Manager and one (1) copy must be submitted with your invoice. NOTE: Calibrated electronic leak detection devices must meet requirements outlined in Section 019115 7.6.A.1. Date: Store#: City, ST Zip: This acknowledgement is to verify that(initial all applicable boxes) ❑ 1.) The stationary refrigeration systems were inspected for leaks using WinCo's Leak Inspection Procedure. ❑ 2.) The Automatic Leak Detection System is a self-calibrating system that is fully operational. ❑ 3.) The Automatic Leak Detection System alerts the operator when a refrigerant concentration of 100 parts per million of vapor of the specific refrigerant or refrigerants used in the refrigeration system(s) is reached. The above was performed on the following date: Subsequent follow-up visits were performed on the following date(s): Store Personnel Signature Date Store Personnel Printed Name Technician Signature Date Technician Printed Name Company Name Certification No.* Certification Type(s)* Refrigerant Tracking System Service Event ID (SEID) Number(s): * "On File"is not acceptable WINCO STORE NO. 23 019115G - 1 REFRIGERANT COMPLIANCE PLAN—ATTACHMENT G 1 WINCO FOODS LLC 03/14 Date: Store#: City, ST Zip: Leak Inspection Procedure (initial all applicable boxes) -, ❑ 1.) Receiver Levels: Identify the refrigerant level of the receiver of each refrigeration system. Be sure the refrigeration systems are not in heat reclaim,gas defrost, split condenser, or winter flooding mode, or any other condition that could affect the receiver level. Compare the current refrigerant level with levels logged during previous checks.A drop in the receiver level from a previous reading may indicate a leak in the system. **REMEMBER** A significant drop in refrigerant level must be the result of a significant leak. Do not stop at the first leak found, especially if it is a seeping connection or valve stem leak. Continue searching until a significant leak is found. - System# System# System# System Serial#: Previous receiver level(s): Current receiver level: Number of balls floating: J Current head pressure: ❑ heat reclaim, ❑ heat reclaim, ❑ heat reclaim, Is the system in ❑ split,or ❑ split,or ❑ split,or ❑ ambient? ❑ ambient? ❑ ambient? System# System# System# System Serial#: - Previous receiver level(s): Current receiver level: Number of balls floating: Current head pressure: ❑ heat reclaim, ❑ heat reclaim, ❑ heat reclaim, Is the system in ❑ split,or ❑ split,or ❑ split,or ❑ ambient? ❑ ambient? ❑ ambient? _ S WINCO STORE NO. 23 019115G--2 REFRIGERANT COMPLIANCE PLAN—ATTACHMENT G j WINCO FOODS LLC 03/14 Date: Store#: City, ST Zip: ❑ 2.) Oil Seepage:Visually check the compressor racks, piping, and valves in the mechanical room for any oil seepage. If oil seepage is identified, use soap bubbles or a calibrated • electronic leak detection device to identify any refrigerant leak and pinpoint the exact location. Was oil observed? ❑ Yes ❑ No If yes, please provide location of observed oil: ❑ I did not find any leaks. ❑ I did find and repair a leak(s)in the following location(s)*: ❑ I did find a leak(s)in the following location(s)and subsequent repair must be done*: *The Refrigerant Tracking Form must be completed if you have checked this box. ❑ 3.) Mechanical Room: Using a calibrated electronic leak detection device at its most sensitive setting, slowly move the probe over all components in the mechanical room. If circuit and main hot gas valves are located in the mechanical room on the rack itself and not remotely as in a loop system, place each system in gas defrost (one at a time) and check the circuit hot gas valve and main hot gas valve for leaks.Temporarily turn off the mechanical room ventilation to reduce air movement. If the detector indicates a leak within the space, slowly reduce the sensitivity and progressively move to the leak location until found. ❑ I did not find any leaks. ❑ I did find and repair a leak(s)in the following location(s)*: ❑ I did find a leak(s)in the following location(s) and subsequent repair must be done*: *The Refrigerant Tracking Form must be completed if you have checked this box. ❑ 4.) High-Pressure Control Lines: Check the control line temperature of all high-pressure switches about 12 inches from the compressor connection. If the temperature is above the mechanical room ambient temperature, it may indicate a small leak in the control line, fitting or control bellows. ❑ I did not find any leaks. ❑ I did find and repair a leak(s)in the following location(s)*: ❑ I did find a leak(s) in the following locations) and subsequent repair must be done*: *The Refrigerant Tracking Form must be completed if you have checked this box. WINCO STORE NO. 23 019115G - 3 REFRIGERANT COMPLIANCE PLAN—ATTACHMENT G WINCO FOODS LLC 03/14 Date: Store#: City, ST Zip: ❑ 5.) Pressure Relief Valves: Check the pressure relief valves of each system for refrigerant release. Each relief valve should have a balloon, blow-off cap, or other telltale way to 1 signal that a relief valve has discharged. Under normal conditions, a relief valve should never discharge. If it has,the cause must be found and corrected and the relief valve replaced as they are only designed for one release and may seep refrigerant if left in place. ❑ I did not find any leaks. ❑ I did find and repair a leak(s)in the following location(s)*: ❑ I did find a leak(s)in the following location(s)and subsequent repair must be done*: *The Refrigerant Tracking Form must be completed if you have checked this box. ❑ 6.) Air-Cooled Condensers: Visually check all air-cooled condensers for oil seepage underneath unit on finned coil surfaces. Check return bends and manifold assemblies for oil seepage. If a view of return bends is blocked by a cover, either remove the cover to inspect or use a calibrated electronic leak detection device to probe the area under the cover. If the condenser is suspected of leaking,the refrigeration system should be turned off temporarily along with the condenser fans so the leak may be pinpointed using soap bubbles or a calibrated electronic leak detection device. -1 ❑ I did not find any leaks. j ❑ I did find and repair a leak(s)in the following location(s)*: ❑ I did find a leak(s) in the following location(s)and subsequent repair must be done*: *The Refrigerant Tracking Form must be completed if you have checked this box. ❑ 7.) Evaporative Condensers: If the return bends are visible, use a calibrated electronic leak detection device to probe the area. If the condenser is suspected of leaking,the refrigeration system should be turned off temporarily along with the condenser fans so the leak may be pinpointed using soap bubbles or a calibrated electronic leak detection device. ❑ I did not find any leaks. ❑ I did find and repair a leak(s)in the following location(s)*: "s ❑ I did find a leak(s)in the following location(s)and subsequent repair must be done*: *The Refrigerant Tracking Form must be completed if you have checked this box. l I WINCO STORE NO. 23 019115G-4 " 1 REFRIGERANT COMPLIANCE PLAN—ATTACHMENT G __j J WINCO FOODS LLC 03/14 Date: Store#: City, ST Zip: ❑ 8.) Sales Area: Walk through the sales area of the store with a calibrated electronic leak detection device at its most sensitive setting. If circuit and main hot gas valves are located } on the sales floor, as in a loop piped system or Protocol system, place each system in gas defrost(one at a time) and check the circuit hot gas valve and main hot gas valve for leaks. Probe the entire length of the discharge air stream of each refrigerated case &the control valves located on top of the cases. If a leak is detected in the discharge air stream of a refrigerated case, schedule a time with the Store Manager to unload the case and check the evaporator coil, all valves, connections, and interconnecting piping until the leak is pinpointed. ❑ I did not find any leaks. ❑ I did find and repair a leak(s) in the following location(s)*: ❑ I did find a leak(s)in the following location(s)and subsequent repair must be done*: *The Refrigerant Tracking Form must be completed if you have checked this box. ❑ 9.) Refrigerated Walk-Ins& Prep Rooms: Check each walk-in cooler,freezer, and refrigerated prep area in the store, as well as all valves on top of walk-ins with a calibrated electronic leak detection device at its most sensitive setting. If the leak detector indicates a leak, slowly reduce the sensitivity and progressively move to the leak location until found. ❑ I did not find any leaks. ❑ I did find and repair a leak(s)in the following location(s)*: ❑ I did find a leak(s) in the following location(s) and subsequent repair must be done*: *The Refrigerant Tracking Form must be completed if you have checked this box. 9 ` WINCO STORE NO. 23 019115G -5 REFRIGERANT COMPLIANCE PLAN—ATTACHMENT G j WINCO FOODS LLC 03/14 ii Date: Store#: City, ST Zip: ❑ 10.) Underground Refrigerant Piping: If circuit and main hot gas valves are located on the sales floor or on top of a walk in, as in a loop piped system or Protocol system, place each walk in system in gas defrost (one at a time) and check the circuit hot gas valve and main hot gas valve for leaks. Check sub-surface refrigeration access pits starting with the riser M pits with a calibrated electronic leak detection device at its most sensitive setting. If refrigerant is detected, reduce sensitivity to determine whether the leak is in that pit. If the leak is not in that pit, move to the next pit in the underground piping network.A drop in the leak detector reading may indicate that the leak is in the piping between the two I pits. If it increases, continue checking each pit in the piping network until the leak is _1 pinpointed in a pit connection or it is determined that the leak is in the interconnecting piping between two pits. If the leak is found to be in the interconnecting piping and the piping is not accessible, schedule a time with the Store Manager to turn off each system that has lines passing through the pipe duct, one by one.This will increase the pressure in the suction lines and should trigger an increased leak rate reading on the calibrated ° 1 electronic leak detection device when the offending system is turned off. If this does not provide positive results,the next step is to pump down each system one by one.This will decrease the pressure in the liquid lines and should result in a decreased leak rate reading on the calibrated electronic leak detection device when the offending system is turned pumped down. If the above steps do not yield positive results and there is a high degree of confidence that one of the systems in the pipe duct is leaking, it will be necessary to isolate each individual line and pressure test each to 300 psig using dry nitrogen for 24 hours. Once the leaking line is found, it will be necessary to replace the line or reroute the line overhead. ❑ I did not find any leaks. �. ❑ I did find and repair a leak(s)in the following location(s)*: ❑ I did find a leak(s) in the following location(s)and subsequent repair must be done*: *The Refrigerant Tracking Form must be completed if you have checked this box. y WINCO STORE NO. 23 019115G-6 REFRIGERANT COMPLIANCE PLAN—ATTACHMENT G , y WinCo FOODS COMPANY PERSONNEL POLICIES _b WinCo Foods'Company Personnel Policies are intended to create and maintain a productive,safe and respectful work environment. Employees are expected to be familiar with all Company policies and to abide by them at all times. Company policies are applicable to employees whenever they are on WinCo Foods'property,wearing their WinCo Foods'uniform(or an identifiable portion thereof),conducting WinCo Foods business,and at Company- sponsored events Employee actions that impact the workplace will also be subject to Company policy. All policies are subject to change as deemed I advisable and/or necessary. Policies are reviewed,updated and changed to reflect a changing work force or legal requirements All updated and i. revised policies are posted on employee bulletin boards in each location. It is every employee's responsibility to regularly review employee bulletin boards and to be familiar with all Company policies. I WORK PERFORMANCE: All employees are expected to 1 Contribute to a positive work environment through cooperative and VI. REST BREAKS & MEAL PERIODS. Employees will be given rest professional interactions with co-workers, customers and vendors breaks and meal periods according to Company policy, applicable labor I, Employees are expected to extend courtesy to customers and fellow agreements, and State and Federal law Employees are responsible for workers and cooperate with other employees at all times Employees taking all rest breaks and meal periods Hourly employees are not allowed are not to use abusive,foul,or offensive language,engage in gossip, to forfeit rest breaks or meal periods or otherwise cause unrest amongst employees, customers, or ven- 1 Employees do not clock out for rest breaks,but must be relieved of all dors work responsibilities Retail employees are not permitted to leave the 2 Be productive,do quality work and follow the directives of supervision store interior on a rest break without permission from management I 3 Practice good housekeeping Keep work station,floor, aisles, door- 2 Employees must clock out for meal periods The meal period begins ways and backrooms clear and clean Clean up spills immediately and when the employee clocks out and ends when the employee clocks in complete"Sweep Logs"as required Spills should never be left unat- Employees are allowed to leave their work location during a meal pen- tended' • od break 4 Not engage in horseplay or distract other workers while working 3 Employees should complete their current customer transaction before 5 Greet each customer with"Hello"or another similar greeting when the taking their rest break or meal period Employees are not allowed to J customer enters a check stand or when an employee passes a cus- leave their work post to begin a rest break or meal period without per- tomer on the sales floor mission from a manager or a lead clerk 6 Promptly refer all customer complaints to management 7 Employees who are assigned cash handling responsibilities are VII. ACCEPTANCE OF GIFTS, GAMBLING, AND LOST AND FOUND -'I expected to comply with WmCo Foods'Cash Handling Policy ITEMS:Violations of any policies listed in this section will be considered I 8 Comply with WinCo Foods'Ethics Policy gross misconduct 1 Employees must not personally accept, or designate any other per- i II. DRESS, HYGIENE,AND APPEARANCE STANDARDS'All employees son,including relatives to receive,gifts,cash,merchandise,services are required to maintain the highest standards of personal hygiene,clean- or gratuities of any kind,offered by vendors or their representatives liness and grooming All employees must adhere to their location's applic- This pertains to items of any value I able dress code and/or uniform code policy which will be posted at each 2 Employees must never accept any gifts and/or gratuities (of any 1 location Final judgment on appropriate dress and appearance rests solely value)from customers with management 3 Illegal gambling is not allowed on Company property - 1 All employees are expected to exercise good grooming and hygiene 4 All items or money found on Company property must be immediately practices turned over to a member of management See WinCo Foods' Lost 2 Fingernails are to be kept neatly trimmed and clean and Found Policy -t 3 Hands must be washed before leaving restrooms 4 All employee hair styles must be kept clean,neatly cut and combed in VIII.BULLETIN BOARDS/NO SOLICITATION a conventional style 1 There shall be no solicitation of or by employees for any personal 5 Facial hair(including mustaches,beards and goatees)must be clean, business opportunities(including fundraisers,home party sales, etc) neatly trimmed,and look professional Facial hair cannot exceed Yz on Company property inch in length 2 Company bulletin boards are for Company use only Personal or non- 6 Retail employees that have hair styles that fall in front of their faces WinCo Foods'postings are not allowed ' requiring the use of their hands to brush the hair away or have facial hair,must wear hair and/or beard nets IX.TELEPHONE AND COMPUTER USE , 7 Employees may wear or display tattoos and ear and facial piercings, 1 Store phones,computers,copiers,and fax machines are strictly busi- including plugs, nose and eyebrow piercings,provided that such tat- ness machines and employees are not permitted to use them for any toos and/or facial piercings are professional looking and in good taste purpose other than Company business, except in an emergency Management has the discretion to require any employee to remove Personal long distance calls are not allowed on Company telephones 1 facial piercings or cover tattoos that are excessive or are inappropri- 2 Employees are not to be called to the phone except on Company buss- ate Any visible tattoo that is offensive or otherwise a violation of the ness or in the case of a personal emergency.All personal calls are to WinCo Foods' Non-Discrimination and Anti-Harassment Policy must be placed on personal phones or pay phones during a rest break or be appropriately covered meal period 8 Each employee must comply with any additional requirements that are 3 Use of Company computers for personal reasons is strictly forbidden applicable to the employee's specific job,including but not limited to All messages sent and received, including personal messages and the use of hair and beard nets when working with exposed food items information stored on Company computers is Company property 1 regardless of content Employees have no right to privacy with III.EATING AND GUM CHEWING. On-duty employees are prohibited from respect to any messages or information received or created on eating,drinking, and/or chewing gum in all areas of the store, except the Company computers WinCo Foods reserves the right to monitor and employee break room or other areas designated by management review any employee's e-mail or Internet use at any time See WinCo Foods'Information Security Policy and WinCo Foods'Acceptable Use IV.SMOKING/TOBACCO. Smoking or the use of tobacco,including elec- Policy Ironic cigarettes, is prohibited on WinCo Foods retail premises This 4 Employees are not permitted to possess or use personal handheld includes store interiors(store floors, break rooms, back rooms and office devices, including cellular phones, smart phones, MP3 players, areas) and store exteriors (sidewalks, parking lot, etc) Employees may audio/visual recorders, cameras, head phones, etc while on the smoke or use tobacco in private vehicles parked in the parking lot during clock,except while on a designated rest break authorized meal breaks only(off the clock) Employees that do not have a vehicle available to them on Company premises may NOT smoke or use X. ELECTRONIC COMMUNICATION AND RECORDING DEVICES: tobacco on Company property A WinCo Foods'Smoking/Tobacco Use Violations of any policies listed in this section will be considered gross mis- I Policy for Distribution Centers and the General Office will be established by conduct management Additionally, smoking is not permitted in Company-owned 1 Employees must never interfere with any Company video surveillance vehicles equipment 2 Employees are never allowed to engage in photography or audio or ', V.TIME CARD RECORDING AND ATTENDANCE. State and Federal laws visual recording on Company property unless specifically authorized require that employees accurately record their own time for every shift to do so for Company business purposes 4 worked All employees are expected to work the hours for which they are 3 Employees are not to access or use any Company computers, scheduled Excessive absenteeism,tardiness,failure to give proper notice records, files, etc without express permission and authorization per- or incomplete shifts shall be grounds for disciplinary action See WinCo taming to their current title/position with the Company Employees are Foods'Attendance Policy not to access private employee or customer information Employees 1 Each employee must clock his/her own time"in" when reporting to are not to provide access to any Company information to any individ- work and"out"when his/her shift is complete in accordance with the ual not otherwise authorized to access such Information i posted work schedule Each employee must control his/her own time 4 Employee use of computer/Internet technologies outside of work must r No person shall be permitted to punch another employee"In"or"out" not violate any Company policy, be detrimental to the Company's for any reason Any missed punches must be properly documented interests, or interfere with the employee's regular work duties with the correct time and the employees signature on the designated Specifically,employees must not use the Company logo or link to its document prior to the correction being made Time adjustments/cor- website without Company permission Any statements the employee rections will not be entered based upon verbal requests Violation of makes that include the Company's name must clearly identify the this policy will be considered gross misconduct employee making the statement and clearly state that the statements 2 Employees found to be working off of the clock will be subject to dis- are the employee's own opinions, and not those of the Company ciplinary action,up to and including termination Employees who engage in use of computer/internet technologies do 3 Misappropriation of Company time and/or claiming time worked when so at their own risk and are legally responsible for their own postings not actually performing Company work(i e,taking lunch on the clock, and comments excessive breaks, being unproductive for extended periods of time, etc)is considered theft of time Violation of this policy will be consid- XI.EMPLOYEE PARKING: Employees must park in the employee parking y ered gross misconduct area designated by Store or Distribution Management 4 All employees must comply with state/federal law regarding break/lunch periods XII.EMPLOYEE PURCHASES 5 Management employees must never require employees to work off of 1 An item purchased for consumption at rest break or meal period must the clock, violate Company policy, or violate state/federal law have a receipt attached to it at the time the item is purchased All Violation of this policy will be considered gross misconduct uneaten food or drink is to be kept in the designated break room,and y no personal food Items can be stored on the store sales floor or in the to operate any type of power equipment(such as saws,grinders,elec- f dairy,deli, meat or other department coolers Employees must con- tric pallet jacks,etc),and are not allowed to operate or fill cardboard i sume purchased product in designated break room areas and not on or garbage compactors Personnel under the age of eighteen are not the sales floor,back rooms or prep areas allowed to work in any capacity in any department other than Carts 2 Other than items purchased for consumption in-store on a rest break and Pizza or meal period, employees are only allowed to purchase items they 6 Employees must comply fully with all proper food handling policies can immediately remove from the store Employees are never and procedures and applicable state/federal laws, including washing allowed to store purchased merchandise in the store coolers,freez- hands after using or when leaving the restroom Violation of this pol- ers,etc icy will be considered gross misconduct _% 3 Any employee who writes a personal check to WinCo Foods with 7 Employee conduct that creates a circumstance where injury or harm insufficient funds will have all check writing privileges revoked until could likely occur or does occur to a customer, vendor, visitor, or the full balance owed on any returned check has been paid. See employee will be considered gross misconduct WinCo Foods'Employee Returned Check Policy 4 Concealment or consumption of any merchandise without a proof of XIV.HOLDUPS,SHOPLIFTERS,AND WEAPONS: Violations of any poli- purchase receipt shall be considered theft of the item(s) Violation of cies listed in this section will be considered gross misconduct _J this policy will be considered gross misconduct 1 Employees are never to attempt to interfere with,apprehend,confront 5 The intentional undercharging of merchandise below the listed shelf nor detain the perpetrator of a robbery See WinCo Foods'Shoplifter price, the intentional pricing of products below the authorized retail Apprehension and Robbery Policy price or below the price offered to the general public/customer shall 2 Employees are never to attempt to apprehend, confront, nor detain . i be considered theft Violation of this policy will be considered gross shoplifters,except for employees who are specifically authorized and misconduct trained to do so,and employees who are asked by the store manag- 6 All items for purchase must be selected from the sales floor,identical er,assistant manager,or authorized employee to assist the authorized to product available to the general public/customer Employees are employee in a particular situation All individuals authorized to appre- not to set product aside for their own (or family/friends/co-workers) hend shoplifters must be trained and comply with WinCo Foods' later purchase Violation of this policy will be considered gross mis- Shoplifter Apprehension and Robbery Policy conduct 3 Possession of any weapon on Company property is not allowed 7 An employee is not allowed to check out his/her own purchase An ) employee is not allowed to check out a purchase of a relative,anyone XV. OTHER EMPLOYMENT: Working for another major competitor/retail in the employee's household, or any close personal friends grocery store while employed by WinCo Foods is not allowed and shall be Customers in these categories shall be referred to another check considered cause for immediate discharge without notice _ stand or another clerk 8 Employees may only leave the store through the front of the store No XVI. GROSS MISCONDUCT: Commission of any act considered gross employee will leave the store or distribution center through the receiv- misconduct is grounds for immediate discharge Examples are listed ing area or any exit other than the front door below This listing is not all-inclusive and will be modified as appropriate 9 Employees are not allowed to purchase merchandise for personal use 1 Dishonesty, including but not limited to falsification of any Company from any WinCo Foods vendor records, including employment records, any fraudulent act or state- 10 Any items specially wrapped, such as items from the Meat, Deli, ment related to Company business or providing false information to -7 Bakery or other department,must be wrapped in cellophane or other management transparent container Items purchased in a normal fashion from the 2 Theft This includes but is not limited to taking, obtaining or eating i fresh service seafood counter or service deli counter are excluded any merchandise,of any value,without paying for it,regardless of any --' from this policy circumstances,taking, obtaining or possessing a fellow employee's, 11 Employees may not intentionally make,prepare,weigh,price or label vendor's or customer's personal property without express permission any item/product for their own purchase Violation of this policy will and authorization, possession or concealment of any merchandise `-I be considered gross misconduct without a receipt,failure to immediately turn in any lost/found items to 12 Any employee leaving the store or distribution center may be management, taking, using, accessing, mishandling, borrowing or required to submit any parcels to management, loss prevention or lending of Company funds,merchandise,supplies,or equipment with- security for inspection The Company reserves the right to search out express authorization from WinCo Foods'corporate management employee lockers, handbags, parcels, etc that are on Company or the store manager, and unauthorized possession of, or willful or premises Because even a routine search may result in discovery of negligent destruction of Company funds,property or merchandise personal possessions, employees are encouraged to refrain from 3 Altercations,fighting,or acts of disrespect towards customers,fellow l bringing into the workplace any unnecessary personal property employees or management, insubordination with management, any 13 Broken packages/merchandise, returned items or other spoils may act of intimidation,and/or any threat of violence or act of violence of not be consumed or purchased by employees These items must be any kind repackaged for customer sale,returned to the manufacturer,used by 4 Conviction of a crime that impacts the workplace, compromises the other departments in the store or destroyed Violation of this policy employee's position with the Company,or interferes with the employ- will be considered gross misconduct ee's ability to perform his/her lob duties " 14 Employee or customer discounts that are not authorized by the 5 Drinking or inhaling intoxicants,or the use,possession,or sale of any Company are not allowed Violation of this policy will be considered illegal substance on Company premises, whether on or off duty gross misconduct Reporting to work with the odor of liquor on the breath or under the 15 Employees cannot purchase discounted merchandise during their influence of intoxicants or any illegal substance Purchasing alcohol respective work shifts, including rest breaks Employees may not on behalf of a minor Reporting to work in a condition that is consid- —I reserve or hold discounted merchandise to purchase later Violation ered unfit for duty Failure to fully comply with WinCo Foods'Alcohol of this policy will be considered gross misconduct and Drug Policy and/or refusal or failure to provide a sample as required for random,reasonable suspicion,or post-accident testing _% XIII. FIRE AND SAFETY: WinCo Foods is committed to providing and 6 Performing any act,either on the job or off the job,which brings dis- maintaining a healthy and sate work environment for all employees credit to the Company or harms employee morale Accordingly, the Company has instituted an Injury and Illness Prevention 7 Selling alcoholic beverages or tobacco products in violation of State 1 Program to protect the health and safety of all personnel Every employee or Federal Law must additionally comply with the below general safety policies as well as 8 Unauthorized disclosure of confidential information, including but not any specific safety rules that apply to each employee's particular lob limited to confidential Company financial, security, or trade secret l 1 Observe all store,State,and Federal safety regulations Take care to information or employee legally protected information prevent accidents and fires Always observe safe working practices 9 Unauthorized use of Company property or equipment and/or negligent 2 All employees must wear appropriate personal protective equipment or willful destruction of or damage to Company property or equipment 3 Report to management immediately if you are involved in or observe 10 Violation of WinCo Foods' Shoplifter Apprehension and Robbery any damage to Company equipment or property,accident,on-the-lob Policy , injury,unsafe condition or public hazard Employees are also encour- 11 Violation of United States Department of Agriculture Food Stamp or I, aged to share any/all safety concerns with management and/or the WIC voucher procedures Exchange of WIC vouchers or Food Safety Committee at their location Stamps for cash, alcohol, or tobacco products Any unauthorized 4 All employees injured on the job must complete an Accident Analysis alteration of WIC vouchers or Food Stamps Report It the employee received medical attention or loses time from 12 Violation of WinCo Foods' Employee Purchases and Unauthorized 1, work,a state injury report must also be completed Employees must Discounting Policy I also follow all call-in procedures if lost time occurs Failure to report 13 Violation of WinCo Foods'Non-Discrimination and Anti-Harassment , injuries,complete required reports,follow the instructions outlined on Policy the Employee Responsibilities form,follow the full recommendations 14 Any other item listed in these Company Personnel Policies document of the employee's treating physician,or follow call-in procedures may as Gross Misconduct result in disciplinary action up to and including discharge and/or claim 3 denial 5 Personnel under the age of eighteen(18)years of age are not allowed q I understand that this Company Personnel Policies information form and other Company documents are not contracts of employment,and are not intended to create any contractual rights or obligations. I also understand that I,like any individual who is hired,may voluntarily leave employment -- and/or may be terminated by WinCo Foods at any time for any reason,with or without cause or notice. I understand that oral or written statements to the contrary are hereby expressly disavowed and should not be relied upon. l This statement does not abrogate or change the intent of or working conditions of any current labor agreement that WinCo Foods may have agreed to and/or been signatory to. I have carefully read this Company Personnel Policies document and acknowledge that I have received a copy of the document. I have had an oppor- I tunity to ask questions and have received answers to all of my questions I understand what the policies mean,and agree to comply with them,as well as any other Company rules or policies. I understand that violation of such policies and rules may be sufficient cause for disciplinary action,up to and including immediate discharge. Employee's Printed Name: it -t Employee# Job Title: Location# Employee Signature: Last 4 SSN# Date# i Revised on 9-15-11,Effective on 10-1-11 Version 1 1 j WINCO FOODS LLC 03/14 019115 —REFRIGERANT COMPLIANCE PLAN PART l - GENERAL 1.1 RELATED DOCUMENTS A. Attachment A—Non-disclosure Agreement y B. Attachment B —Contractor Acknowledgement Form C. Attachment C—Contractor Refrigerant Compliance Agreement D. Attachment D—Insurance Requirements E. Attachment E—Equipment Inventory Form F. Attachment F—Refrigerant Tracking Form G. Attachment G—Leak Inspection Review Form H. Attachment H—WinCo Company Personnel Policies 1.2 REFRIGERANT MISSION STATEMENT A. WinCo Foods, LLC management is committed to providing a safe, healthful, and environmentally sound workplace for its tenants, employees, and contractors while complying with environmental regulatory requirements. We emphasize: 1. Providing a business environment, which fosters professionalism, team effort and personal responsibility for service quality. 2. Providing environmentally responsible solutions. 3. Compliance with all applicable environmental regulations by all responsible employees and contractors. • 1.3 ENVIRONMENTAL CONCERNS A. The environmental concerns associated with refrigerants fall into two categories: stratospheric ozone depletion and global warming or climate change. CFC and HCFC refrigerants contain chlorine which, when released into the upper layer of the atmosphere, have been shown to deplete the ozone layer. As atmospheric ozone depletion occurs, the quantity of UV-B radiation reaching the earth's surface increases. The ozone levels in the atmosphere vary naturally due to climate, latitude, and airborne particles but ozone depleting chemical emissions reduce the mean levels. WINCO STORE NO. 23 019115 - 1 REFRIGERANT COMPLIANCE PLAN , WINCO FOODS LLC 03/14 • This radiation increase results in potential health and environmental risks including increased incidents of certain skin cancers and eye cataracts, suppression of the body's immune system, damage to plants and food crops, and reduced aquatic life growth. Global warming is likely to be contributed to by the emission of certain man-made "greenhouse" gases (many refrigerants are greenhouse gases). These gases are said to collect and hold in the earth's heat that would normally radiate out into space. This heat may cause the temperature in the atmosphere to rise. Scientists generally agree that we must consider not only the refrigerants' direct impact on global warming, but also the indirect impacts, such as the impacts of using a refrigerant that is less energy efficient. Such an occurrence causes higher emissions of carbon dioxide, which is also a greenhouse gas and in this way also affects global warming. PART 2-ROLES AND RESPONSIBILITIES 2.1 OBJECTIVE A. To describe the responsibilities of WinCo and WinCo's contractors who are responsible for refrigerant compliance management. 2.2 WINCO REFRIGERANT COMPLIANCE MANAGER A. Role 1. The Refrigerant Compliance Manager (RCM) has overall responsibility for implementation of WinCo's Refrigerant Compliance Plan (RCP) and Refrigerant Tracking System (RTS). B. RCM Contact Information 1. Leia Wain DC Engineering 123 W. Spruce Street ? Missoula, MT 59802 Phone: (406) 829-8828 x216 Fax: (406) 829-8829 , Email: lwaln @dcengineering.net C. Responsibilities 1. Coordinate contractor activities pertaining to store refrigeration and HVAC O&M services (as directed by the Facilities Project Manager and Director of Environmental Compliance),including but not limited to: a. Obtain and review bid documents. WINCO STORE NO. 23 019115 - 2 REFRIGERANT COMPLIANCE PLAN fr WINCO FOODS LLC 03/14 1 b. Retain and schedule contractors to complete initial store surveys for existing stores to inventory refrigeration and comfort cooling equipment, and to confirm refrigerant types and full charge capacity. 1 c. Review engineering drawings as needed. d. Schedule periodic leak inspections. e. Review deficiencies identified through contractor's inspections and recommend appropriate course of action. f. Administer and manage Refrigerant Tracking System user access. 1 2. Enter and maintain operator, facility and system information in the Refrigerant Tracking System. 3. Assess real time leak rates for WinCo's store fleet of refrigeration and HVAC systems on a daily basis and help to manage problem systems in the following ways: a. Follow-up with contractors to verify all leaks are promptly repaired. (NOTE: In California, leaks are to be repaired within fourteen (14) calendar days.) In no case should a leak require more than thirty(30)calendar days to repair. b. Provide notice to WinCo's Facility Project Manager and Director of Environmental Compliance if: (1) a leak rate exceeds 35% for a commercial system or 15% for a comfort cooling system; or(2) there is evidence of a "chronic issue" (i.e. more than three (3) leaks from the same system location within one (1) year). c. Assess/document trends for root cause of leaks. d. Aggressively manage outside contractor repair efforts for problem systems. Prepare &implement repair, retrofit and replacement plans as may be required. e. Coordinate with contractors to obtain initial and follow-up verification tests on all leak repairs. Review contractor submitted forms for compliance with Policy. 4. Provide timely communications and technical support: a. Drafting and or submitting agency notifications, registrations and other submittals. b. Assist with refrigeration repair or retrofit plans. c. Review contractor performance and compliance with the Refrigerant Compliance Plan. d. Maintain records required by the EPA for a minimum of three (3) years from the date of service; records required by CARB and SCAQMD must be maintained for a minimum of five(5) years from the date of service. l WINCO STORE NO. 23 019115 - 3 REFRIGERANT COMPLIANCE PLAN J WINCO FOODS LLC 03/14 e. Maintain copies of submitted regulatory agency compliance reports on the Refrigerant Tracking System Manager Portal. 5. Provide administrative support services as requested, such as: a. Review and approve contractor invoices, Refrigerant Tracking System entries and other documentation. b. Keep on file (paper or electronic) the "EPA Certification" for all technicians who perform contracting work on WinCo refrigeration and comfort cooling equipment. Yf c. Provide annual budgets for refrigerant inspections and retrofits as requested. • ij 2.3 SERVICE TECHNICIAN A. Role 1. Each technician is responsible for being educated on and complying with the federal, state and local regulations and the WinCo Refrigerant Compliance Plan requirements. B. Responsibilities 1. Under no circumstances shall refrigerant be intentionally vented or released to the atmosphere. 2. Review WinCo Refrigerant Compliance Plan and provide copy of signed Contractor Acknowledgement Forms as well as technician "EPA Certification" cards to the RCM prior to performing any work on WinCo premises. If the EPA Certification number is the _ digits.r you may omit the first five (5) di its. Contractors same as your Social Security number, yo � ( ) � are responsible for verifying technician's "EPA Certification" cards are valid. Sian in at Customer Service when arriving at a WinCo store to perform any type of work; 3. S � p y yp and sign out at Customer Service before departing. 4. Keep copy of "EPA Certification" card on them at all times while performing work on WinCo premises. 5. The technician shall be required to respond within two(2) hours to a service call. 6. Repair all identified refrigerant leaks before leaving the site if feasible. At a minimum all leaks shall be repaired within fourteen (14) calendar days of detection. If a leak cannot be repaired within fourteen (14) calendar days, provide written notice on technician's company letterhead to the RCM which explicitly states the conditions which cause (or are anticipated to cause) a delay in a prompt repair. Such notice is to be provided to WinCo's RCM within two (2) calendar days of discovery. This applies to all systems regardless of the full charge and refrigerant type. WINCO STORE NO. 23 019115 -4 1 REFRIGERANT COMPLIANCE PLAN mS J WINCO FOODS LLC 03/14 7. Document leak repairs, calibration and other refrigeration and HVAC services on all systems on WinCo's RCP forms and enter data into the Refrigerant Tracking System as required. Provide document(s)to the RCM with, or prior to the invoice for such services. 8. Ensure WinCo forms are legible and thoroughly completed prior to obtaining the Store Manager's signature which acknowledges contractor services were performed in the store. 9. Prior to charging refrigerant into a system, determine if the system is a known leaking system. NOTE: Refer to Paragraph 7.1 for additional information on known leaking systems. 10. Complete initial and follow-up verification tests the same day the leak was repaired. This applies to all leaks. Record the dates and results of these tests on the REFRIGERANT TRACKING FORM and in the Refrigerant Tracking System. If the initial or follow-up verification tests require the technician to return at a later date, the contractor must } provide written notification to the RCM the same day the leak is repaired. The written notification must include the date the leak was repaired, date initial and follow-up verification tests will occur and reason verification tests need to be performed at a later date. 11. For disposal of appliances and/or refrigerant recovery, the technician must document disposal details on the REFRIGERANT TRACKING FORM and in the Refrigerant Tracking System. 12. Assist the RCM in preparing retrofit or retirement plans if requested. 13. Ensure contractor's refrigerant is not kept on site. If there is currently refrigerant stored - on site, do not replenish the inventory as it is used. All aspects of the Refrigerant Compliance Plan apply, including the need for leak identification and repair whenever • this refrigerant is used. The usage of this refrigerant must be clearly detailed and identified as coming from on-site inventory on the REFRIGERANT TRACKING FORM and in the Refrigerant Tracking System. 14. Maintain all appliances with refrigerants in good working condition, clean and leak free. In the event of new store construction or remodels technicians are to work closely with Construction Project Manager as required. 15. All information recorded by the contractor is property of WinCo and must be provided within five (5)calendar days upon WinCo's request. 16. Contractors shall not divulge any information pertaining to WinCo without prior written authorization from WinCo. 17. Invoices including compliance forms for refrigerant usage are to be submitted to WinCo within thirty (30) calendar days of work completion. WinCo reserves the right to delay payment until all required documents associated with the services are received. 18. Utilize WinCo's online Refrigerant Tracking System (RTS). Prompt and accurate data entry is required due to the short timelines for leak repair. This is an essential part of the WINCO STORE NO. 23 019115 - 5 REFRIGERANT COMPLIANCE PLAN WINCO FOODS LLC 03/14 contractor's responsibility when performing service for WinCo. Non-conformance is reason for dismissal as an authorized service provider. a. Enter service events into the RTS within one (1) business day from the date of service. A service event must be entered every time the service technician is at the store if it pertains to one or more of the following: J` 1) Refrigerant Use 2) Leak Repairs 3) Scheduled Leak Inspections 4) Leak Testing b. If a refrigerant leak was detected, enter a service repair detail for each leaking system component under the corresponding service event. j c. Include Service Event Identification (SEID) numbers on all REFRIGERANT TRACKING FORMS and LEAK INSPECTION REVIEW FORMS which acknowledges contractor entered accurate and required information into the Refrigerant Tracking System. d. Continue to fill out hard copies of WinCo forms and route to appropriate WinCo personnel as required by the Refrigerant Compliance Plan. e. Review historical system data to determine ongoing issues and areas of concern. f. Provide incorrect, missing or new system information to the RCM as requested and required by the RCP. Requested information must be provided within five (5) calendar days upon WinCo's request. -" g. Contractor shall be solely responsible for all service event and equipment data entered into the Refrigerant Tracking System. 2.4 WINCO STORE MANAGERS A. Responsibilities 1. Do not grant refrigeration and HVAC system access to non-authorized vendors. 2. Keep the store's mechanical/refrigeration rooms locked and secure. 3. Regularly assess whether systems are working. If there are chronic daily or weekly alarms with a particular system or if there is a sudden emergency loss of refrigerant, issue a helpdesk ticket to your approved service vendor. k G WINCO STORE NO. 23 019115 - 6 REFRIGERANT COMPLIANCE PLAN J 1 I WINCO FOODS LLC 03/14 4. Ensure contractor has a purchase order for work being performed. One purchase order should be used from start to finish on a repair. Purchase orders must be issued in a timely manner in order to meet regulatory requirements. 5. Sign and date REFRIGERANT TRACKING FORMS and LEAK INSPECTION REVIEW FORMS upon completion of work, which acknowledges contractor services were performed in the store and a copy of the form has been received by store personnel. 6. Maintain copies of REFRIGERANT TRACKING FORMS and LEAK INSPECTION REVIEW FORMS in a 3-ring binder on store premises. 7. If an Automatic Leak Detection System alerts store personnel or the service technician to a refrigerant leak, ensure a leak inspection is conducted within twenty-four (24) hours after the system alert. 8. Immediately notify the RCM if a regulatory agency inspector arrives on site and requests information pertaining to refrigerant use and/or equipment records. 2.5 CONSTRUCTION PROJECT MANAGER A. Role 1. The Construction Project Manager will supervise contractor work to help ensure the Refrigerant Compliance Plan is followed during new construction, demolition and/or remodel phases of their projects. B. Responsibilities 1. Be familiar with the WinCo Refrigerant Compliance Plan. 2. Ensure a copy of the WinCo Refrigerant Compliance Plan is available on site. 3. Verify that contractors working with refrigerant containing equipment have provided the CONTRACTOR ACKNOWLEDGEMENT FORM prior to commencing work. 4. Be observant and vigilant about how contractors are handling refrigerant. In the event of an emergency loss of refrigerant contact WinCo's Vice President of Construction for additional guidance. 5. Determine in advance of the project which piece(s) of installed and/or abandoned equipment will require documentation (i.e., EQUIPMENT INVENTORY FORMS and REFRIGERANT TRACKING FORMS). Ensure such documentation is provided to the RCM within(5)calendar days of system start up and/or removal. PART 3 -TECHNICIAN AND CONTRACTOR REQUIREMENTS 3.1 TECHNICIAN REQUIREMENTS WINCO STORE NO. 23 019115 -7 REFRIGERANT COMPLIANCE PLAN t WINCO FOODS LLC 03/14 A. Technicians are required to be educated on and comply with all applicable federal, state &local regulations. EPA approved certification testing is required for any person who may perform _, service, maintenance, repair or recovery work on a refrigerant containing circuit. Technicians shall service only equipment for which they are certified. B. EPA Certification ti 1. The required type of certification testing depends on the type of refrigerant being used and the size of the system being serviced. The four types of certification identified by the -I Clean Air Act Amendments Section 608, stationary equipment are presented in the following table: Type of equipment serviced Level of required certification _j Small appliances (<51bs.) Type I High-and very-high-pressure equipment Type H Low pressure equipment Type III All types Universal* ' *Type IV Universal does not include motor vehicles. 2. Service technicians must be prepared to do the following if an EPA inspector is on site or whenever any WinCo representative asks: a. Present their certification cards. b. Recite the required recovery vacuum levels for the refrigerants being used at the location where they are working. c. Know the leak trigger rates for the four (4) over-50 pound EPA equipment classifications. d. Demonstrate the proper use of a recovery unit and validate they perform leak tests on their recovery units, and can calibrate their gages. 3. Technician Certification Card Review a. The service technician must have received refrigerant handling certification from ■ an approved program. It is the technician's responsibility to make sure their card , has a level listed from the table above, and has the following statement: "as required by 40CFR, Part 82, Subpart F." If these requirements are not met the technician's refrigerant handling card is not valid, and the technician must get recertified by an approved program. Service technicians may not work on refrigerant appliances in a WinCo location without the correct refrigerant handling -, classification. In a WinCo store that classification is generally a universal classification. 3.2 CONTRACTOR REQUIREMENTS WINCO STORE NO. 23 019115 - 8 REFRIGERANT COMPLIANCE PLAN j WINCO FOODS LLC 03/14 A. All Contractors must sign a copy of the NON-DISCLOSURE AGREEMENT, CONTRACTOR ACKNOWLEDGEMENT FORM and CONTRACTOR REFRIGERANT COMPLIANCE AGREEMENT. B. Contractor shall provide only proper level EPA certified technicians using EPA certified and registered recovery/recycle units to perform work on WinCo refrigerant containing equipment. C. Contractor must hold current and active contractor's license(s) in the appropriate licensing classification(s) as required by federal, state and local regulations. D. Contractor will submit a signed copy of the CONTRACTOR ACKNOWLEDGEMENT FORM prior to starting any work and no less than annually thereafter. The CONTRACTOR ti ACKNOWLEDGEMENT FORM will include: 1. A list of all service technicians' names, EPA certification numbers and level of certification (include copies of EPA Certification Cards). 2. A signed statement that an EPA Recovery Unit Acquisition Certification form has been sent to the EPA. E. Ensure Refrigerant Tracking System equipment data and service entries are accurate and entered within required timeframes. PART 4 -REFRIGERANT TRACKING SYSTEM 4.1 OVERVIEW A. The Refrigerant Tracking System (RTS) is an online tool that has been developed by WinCo to help ensure compliance with refrigerant regulations and provide insight into contractor and system performance. B. The RTS is comprised of four(4) separate portals. 1. Manager Portal a. Provides Store Managers with access to basic information regarding store equipment, recent service information for that equipment, and submitted regulatory agency compliance reports. b. Primary Features 1) Provide basic facility and system information. 2) Provide copies of submitted regulatory agency compliance reports. 3) Provide Dynamic Reports. ti } WINCO STORE NO. 23 019115 -9 REFRIGERANT COMPLIANCE PLAN 1 WINCO FOODS LLC 03/14 a) Dynamic reports are available for printing to give regulatory agency inspectors information pertaining to all equipment and service events that are regulated by their agency. 2. Vendor Portal a. Provides Refrigeration & HVAC servicing contractors a means to enter service event information pertaining to refrigerant use, leak repairs, leak inspections, and leak testing; and research system and historical data. b. Primary Features: 1) Service Event Entry a) Service event entry is where the contractor will record the results of their service visit(s) which will be used to maintain regulatory compliance with government agencies as well as general equipment management. 2) Equipment and Service Event Research a) Provides a platform for contractors to research all equipment installed in a store as well as view all service events entered for each piece of equipment. 3. Refrigerant Compliance Manager Portal a. Provides the Refrigerant Compliance Manager (RCM) the ability to edit and manage all service events and service repair details, and upload submitted reports for Store Managers. b. Primary Features 1) Service Event Entry a) Allows the RCM to enter new service events. 2) Service Event Management a) Allows the RCM to correct any incorrect information in the records to help ensure compliance by editing, deleting or restoring deleted service events and service repair details. 3) Service Event Lookup J a) Allows the RCM to search for records in a variety of ways to find errors. 4) Manager Record Management ■ WINCO STORE NO. 23 019115 - 10 1 ' REFRIGERANT COMPLIANCE PLAN 1 __i WINCO FOODS LLC 03/14 a) Allows the RCM to upload and manage submitted compliance reports for Store Managers to view through the Manager Portal. 4. Admin Portal a. Provides the RCM and other WinCo management personnel the ability to gain insights into the current state of the entire fleet of refrigeration & HVAC systems. This includes currently leaking equipment, historical leak research, and reporting. In addition, it gives the RCM the ability to add and manage operator, facility and equipment information, and user access. b. Primary Features l) Switchboard Views a) Provides an overview of the state of currently leaking systems, with the ability to drill down for additional detail into each specific leak event. 2) Reports a) Provides required compliance reports for California Air Resources Board (CARE) and South Coast Air Quality Management District (SCAQMD) Rule 1415 and Rule 1415.1. b) Provides Custom Reports. c) Provides Ad Hoc Reports which are exportable to Excel for advanced reporting. 3) Configuration Database a) Allows RCM to enter and manage operator, facility and equipment information. 4) Application Admin Site a) Allows RCM to view all administrative guides, edit and manage all lookup tables, and verify which facilities each contractor is authorized to add service events to. 5) User Admin Site a) Allows the RCM to manage user access to the RTS for WinCo personnel and contractors. C. User Access 1. User access is administered and managed by the WinCo RCM. WINCO STORE NO. 23 0191 15 - 1 1 REFRIGERANT COMPLIANCE PLAN WINCO FOODS LLC 03/14 - iff , 4 PART 5 -CONSEQUENCES FOR NON-COMPLIANCE 5.1 GENERAL A. WinCo shall have the right to stop work under any contract at any time if the work fails to meet requirements set forth in the Refrigerant Compliance Plan and/or federal, state and local regulations. B. WinCo shall have the right to withhold payment for services if the proper documentation of refrigerant work or related work is not completed. PART 6-RECORDKEEPING REQUIREMENTS 6.1 GENERAL A. The U.S. EPA and local governments have established record-keeping requirements for owners and operators of comfort cooling and refrigeration equipment containing CFC, HCFC and HFC refrigerants. B. WinCo requires that records be kept to comply with the laws, and to establish data for compiling accurate refrigerant asset management information. It is the responsibility of the service technician to fill out and route the information to the appropriate WinCo personnel, and to enter all applicable service events into the WinCo Refrigerant Tracking System within the specified timeframes. C. Service technicians should be prepared for the following questions either from an EPA or State _ Inspector or a representative of WinCo: , 1. To present a list of technicians (with their certification information), new refrigerant vendors, recovered refrigerant reclaimer/disposer, recovery units and inventory of over- 50 pound equipment. 2. What type of over 50-pound equipment is present (comfort cooling, industrial process refrigeration, commercial or other refrigeration). 3. Provide records of the amount of refrigerant has been purchased and added to the over-50 pound systems. An inventory of new and recovered refrigerants may be taken. 4. How it is determined when a system is leaking. 5. Provide leak repair records on over-50 pound systems. 6. Provide records of initial and follow-up verification testing on equipment leak repairs. PART 7 -LEAKING SYSTEMS REQUIREMENTS WINCO STORE NO. 23 019115 - 12 REFRIGERANT COMPLIANCE PLAN WINCO FOODS LLC 03/14 7.1 GENERAL A. Contractors shall not charge refrigerant into a known leaking system. charge refrigerant leaking Y B. A system is defined as a"known" leaking system when one of the following conditions occurs: 1. A review of readily available documentation determines that the system has a leak. 2. Technician has added refrigerant to the same system without repairing a leak during a service visit within the previous ninety (90)calendar days. 3. The service technician can readily determine upon arrival for servicing the equipment the system has a refrigerant leak. C. WinCo requires that all leaks are repaired at the time of the service call, unless parts are needed, at which point all repairs must be within fourteen (14) calendar days. If a leak cannot . l be repaired within fourteen (14) calendar days, provide written notice on technician's company letterhead to the RCM which explicitly states the conditions which cause (or are anticipated to cause) a delay in the repair. Such notice is to be provided to the RCM within two (2) calendar days of discovery. D. If at any time the service technician observes oil residue indicating a refrigerant leak, the technician must conduct a leak inspection within twenty-four (24) hours after observing the oil residue. Leaks must be documented on the REFRIGERANT TRACKING FORM and entered in the Refrigerant Tracking System. 7.2 FACILITIES WITH AUTOMATIC LEAK DETECTION SYSTEMS (ALDS) A. If an Automatic Leak Detection System alerts store personnel or the service technician to a refrigerant leak, a leak inspection must be conducted within twenty-four (24) hours after the system alert. Leaks must be documented on the REFRIGERANT TRACKING FORM and entered in the Refrigerant Tracking System. B. The Automatic Leak Detection System is to alert the operator when a refrigerant concentration of one hundred(100)parts per million of vapor of the specific refrigerant or refrigerants used in ri the system(s)is detected for a period of five(5) minutes. 1 C. Contractor is responsible for ensuring the Automatic Leak Detection System is fully it operational. If at any time the ALDS is not operational, provide written notice on contractor's company letterhead to the RCM within two(2) calendar days of discovery. 7.3 LEAK REPAIRS IN GREATER THAN 14 DAYS A. Contractor must provide written notice on technician's company letterhead to the RCM which explicitly states the conditions which cause (or are anticipated to cause) a delay in the repair. Such notice is to be provided to WinCo's RCM within two (2)calendar days of discovery. WINCO STORE NO. 23 019115 - 13 REFRIGERANT COMPLIANCE PLAN WINCO FOODS LLC 03/14 7.4 REPAIR/RETROFIT/REPLACEMENT PLANS A. Systems, which cannot be repaired in thirty (30) calendar days, must have a written repair/retrofit/replacement plan developed by the RCM within fourteen (14) calendar days of - ' the date the leak was detected. This plan must establish a schedule to retrofit or retire a leaking system no later than six (6) months after the initial detection of the refrigerant leak, and all work must be completed during this six (6) month period. If a system is to be retired and replaced, the plan must include information required below specific to the new system to be constructed or installed. If a system is to be retrofitted, the plan must include the information required below specific to the system after the retrofit has been completed. A retrofit or _k retirement plan must include the following: 1. The system identification number of the system being retired or retrofitted. 2. Equipment type. 3. Equipment manufacturer. ■ 4. Equipment model or description. 1 5. Intended physical location of the system through schematic or floor plan with locations clearly noted. 6. Temperature classification. 7. Full charge of the system. 8. Type of refrigerant(s) used. 9. If the system is to be retired and replaced, a plan to dispose of the retired system. 1 10. A timetable which includes, at a minimum: a. The date installation, construction, or retrofit of the system is expected to begin, 1 and b. The expected completion date of the installation, construction, or retrofit of the system. 11. A signature by the RCM and Facilities Project Manager,including the date(s) signed. 7.5 LEAK TESTING REQUIREMENTS A. When leak testing new installations or systems after repair, or after each additional refrigerant charge, the technician shall use approved testing methods as defined in Paragraph 7.6A. Document all leak tests on the REFRIGERANT TRACKING FORM and in the Refrigerant Tracking System. WINCO STORE NO. 23 019115 - 14 REFRIGERANT COMPLIANCE PLAN WINCO FOODS LLC 03/14 1. Include leak testing during scheduled preventative maintenance inspections as requested by WinCo RCM. 1 2. Leak test all new contractor installed equipment prior to acceptance. 3. After each additional refrigerant charge conduct a full system review to verify there are no visible signs of leaks. Leak test must be conducted immediately after the additional refrigerant charge. 4. Technicians are required to perform initial and follow-up verification tests the same day the leak was repaired. This applies to all leaks. Standard practice would be to evacuate the system, repair the leak, pull a vacuum (provides initial check), re-charge the system, { put the system into operation, and check the repair under operating pressure (provides follow-up check). So both the initial and follow-up tests can be done during one visit, but they are separate items. For additional information on initial and follow-up verification tests go to the following website: http://www.arb.ca.cov/ec/reftrack/reftrackrule.htnil a. If the initial or follow-up verification tests require the technician to return at a later date, the contractor must provide written notification to the RCM the same day the leak is repaired. The written notification must include the date the leak was repaired, date initial and follow-up verification tests will occur and reason verification tests need to be performed at a later date. 7.6 ACCEPTABLE LEAK TESTING METHODS A. Leak tests may use any method that meets federal, state and local regulations. Test examples include, but are not limited to: 1. Calibrated refrigerant leak detection device used in accordance with the manufacturer's specifications. Leak detection device must be calibrated to accurately detect and measure the ambient concentration of refrigerant at a minimum concentration level of ten (10) parts per million of vapor for all refrigerants used in the store; or 2. A bubble test; or 3. Observation of oil residue. Follow-up verification tests must be performed using a leak detection device or a bubble test. B. Safety notice: Never use oxygen, high-pressure air or a flammable gas for leak checking. Oxygen and oil form an extremely explosive mixture. PART 8 - SCHEDULED LEAK INSPECTIONS 8.1 GENERAL A. Scheduled leak inspections are to be completed at each WinCo facility as requested by the WinCo RCM. Document all scheduled leak inspections on the LEAK INSPECTION REVIEW WINCO STORE NO. 23 019115 - 15 REFRIGERANT COMPLIANCE PLAN WINCO FOODS LLC 03/14 FORM and in the Refrigerant Tracking System. Provide a copy of the form to the Store Manager upon completion and submit a copy with your invoice. B. If at any time federal, state or local regulations require scheduled leak inspections which are not currently being performed at the store(s) contractor is servicing, contractor must provide written notice within twenty-four(24) hours of discovery to the WinCo RCM. PART 9-REFRIGERANTS 9.1 GENERAL A. Refrigerant shall not be stored on site unless you have received written approval from the WinCo RCM. B. Refrigerant in a system is WinCo's property regardless of its origin. No refrigerant may leave the WinCo site without first being approved by the WinCo RCM or Construction Manager. 1 PART 10-LUBRICANTS ' 10.1 GENERAL A. When changing oil, use only the lubricant specified by the system manufacturer. PART 11 -REFRIGERANT RECOVERY EQUIPMENT REQUIREMENTS 11.1 GENERAL A. Recovery equipment used by contractor's technicians must be properly documented, certified, labeled, and serviced according to EPA requirements. 1. To review EPA requirements for Refrigerant Recovery Equipment go to the following website: http://www.epa.gov/ozone/title6/608/608fact.html#equipcert -y B. Each certified technician shall have access to recovery equipment. The care and maintenance of this equipment will be their responsibility. If that unit does not function properly, the service technician shall notify their supervisor and replace the nonfunctioning recovery unit with one that functions before proceeding with the service. C. Technicians and contractors shall service and maintain recovery/recycling equipment per manufacturer's specifications. Annual leak testing of recovery units shall be performed and the results be made available to WinCo upon request. D. Service technicians must be prepared to do the following if an EPA or state inspector is on site, - or whenever a representative of WinCo asks: WINCO STORE NO. 23 019115 - 16 REFRIGERANT COMPLIANCE PLAN WINCO FOODS LLC 03/14 1. Present a copy of their EPA Recovery Unit Acquisition Certification Form(OMB#2060- 0256). 2. Provide a list of all recovery units or be able to present them to record the nameplate data. 3. Demonstrate recovery units can achieve the required vacuum levels. Ensure technicians perform the leak tests, calibrate gages and can demonstrate the proper use of a recovery unit. PART 12 -RECOVERED REFRIGERANT CYLINDER IDENTIFICATION 12.1 GENERAL A. Containers for recovered refrigerant should be colored according to AHRI Guidelines. This guideline requires a specific color scheme. Since it applies for all recovered refrigerants, it is imperative that recovered refrigerant containers be marked or tagged to avoid recovering different refrigerants into the same cylinder. To view the AHRI guidelines, go to the following website: http://www.ahrinct.orc/hvacr+industry+cuidclines.aspx PART 13 -CONTAMINATION AVOIDANCE 13.1 GENERAL A. Refrigerant shall not be mixed. Refrigerant that is contaminated can cause future service problems. Every effort to avoid contamination shall be made. Reclamation centers will not accept mixed refrigerants. B. Remove and dispose of recovery/recycling filters when changing refrigerants. C. Properly label refrigerant cylinders in accordance with ARI Guidelines K. Refer to the Refrigerant Cylinder Identification for specifics. PART 14 -EPA EVACUATION REQUIREMENTS 14.1 GENERAL A. Technicians are required to evacuate comfort cooling and refrigeration equipment to established vacuum levels when opening the equipment for maintenance, service, repair, or disposal. Technicians are required to follow all applicable federal, state & local regulations when evacuating equipment. For additional information on the EPAs Evacuation Requirements, go to the following website: http://www.epa.gov-/ozone/titie6/608/608fact.html#cvac WINCO STORE NO. 23 019115 - 17 REFRIGERANT COMPLIANCE PLAN WINCO FOODS LLC 03/14 14.2 APPLICABLE EVACUATION LEVELS A. When servicing or disposing of equipment, certified technicians must evacuate the refrigerant with an approved recovery unit or isolate the refrigerant gas into a separate part of the system. Applicable evacuation levels specified by the EPA can be found at the following website: http://www.epa.eovl ozone/title6/608/608fact.html#evac. PART 15 -ACCIDENTAL REFRIGERANT RELEASE 15.1 GENERAL A. Since July 1, 1992, it has been against the law to intentionally vent refrigerants into the atmosphere while maintaining, servicing, repairing, or disposing of comfort cooling or refrigeration equipment. Under no circumstances shall anyone intentionally vent refrigerants. For information on acceptable releases, go to the following website: http://www.epa.gov/ozone/ti t 1e61608/608fact.ht ml PART 16 -DISPOSAL OF REFRIGERANT, LUBRICANTS AND EQUIPMENT 16.1 GENERAL A. When transferring refrigerant ownership to another company, document the transaction. Provide a service record of refrigerant recovered from equipment disposed of or from a contaminated system. This transfer of the refrigerant shall be noted using the REFRIGERANT TRACKING FORM and entered in the Refrigerant Tracking System. 16.2 USED LUBRICANT DISPOSAL I A. WinCo's contractors are to treat all refrigerant oils as if they are hazardous waste. B. Used oil from refrigeration or comfort cooling equipment may contain appreciable levels of contaminants. Contractor to maintain records that document the source of the oil and its ultimate disposal as per federal, state &local regulations. 16.3 DISPOSABLE CYLINDERS A. All refrigerants in disposable containers must be recovered to fifteen (15) inches of mercury or lower and rendered useless before recycling the cylinder. B. Under no circumstances shall disposable refrigerant cylinders be disposed of on WinCo premises. 16.4 EQUIPMENT DISPOSAL GUIDELINES WINCO STORE NO. 23 019115 - 18 1 REFRIGERANT COMPLIANCE PLAN WINCO FOODS LLC 03/14 A. The EPA has established refrigerant equipment (appliance) disposal requirements in 40 CFR, 82.156, to ensure refrigerant is removed from equipment prior to scraping, shredding or landfill burial. Requirements exist for small appliances (<5 pounds) and over 5-pound equipment. B. Technicians and owners disposing of any refrigerant-containing equipment or small appliances must maintain records that show proper evacuation occurred. For appliances with less than 5 pounds there are several options. For large equipment with over 5 pounds the refrigerant shall be recovered in accordance with the EPA's evacuation requirements prior to dismantling or salvaging. C. When any comfort cooling or refrigeration equipment is disposed, the refrigerant and oil must be removed from the equipment before its final disposal. 16.5 EQUIPMENT DISPOSAL RECORDKEEPING A. The following information shall be documented on the REFRIGERANT TRACKING FORM and entered in the Refrigerant Tracking System for each disposed of system. 1. Date of service 2. Technician's name,EPA certification number, and signature 3. System name, system model number and system serial number 4. Vacuum level achieved (note in `Technician Comments:' section) 5. Refrigerant type and amount recovered 6. Shipped for Reclamation and Destruction' section if recovered refrigerant was shipped for reclamation and destruction. If the refrigerant was not shipped for reclamation and destruction, note in the `Technician Comments' section what was done with the refrigerant. 7. Organization receiving equipment(note in `Technician Comments:' section) B. No equipment with greater than a five (5) pound charge will be disposed of without removing the refrigerant. An Environmental Disposal Tag similar to the following shall be attached to equipment being disposed. ENVIRONMENTAL DISPOSAL TAG ENVIRONMENTALLY HARMFUL REFRIGERANTS AND OIL HAVE BEEN REMOVED FROM THIS UNIT IN COMPLIANCE WITH SECTION 608 OF THE CLEAN AIR ACT REMOVED BY.(PRINT) COMPANY NAME:(PRINT) ADDRESS-(PRINT) TELEPHONE: DATE. / / SIGNATURE WINCO STORE NO. 23 019115 - 19 REFRIGERANT COMPLIANCE PLAN WINCO FOODS LLC 03/14 16.6 SMALL APPLIANCES SENT OFF-SITE WITH CHARGE INTACT TO SALVAGE COMPANY A. Small appliances, < 5 pounds, may be sent to an EPA approved salvage company with all systems intact. B. Prior to sending any small appliances to salvage, contractor must determine in advance and , receive a signed statement that the salvage yard has certified to the EPA that they recover the refrigerant before final disposal. Handle units with care to ensure none of the unit's systems or circuits is damaged during loading/off loading and in transit. Keep the signed statement from the salvager on file. C. Prepare a letter with the following information for appliances sent with the charge intact and provide a copy to the final disposer and WinCo RCM. 1. Your company name, address, contact name. 2. Salvager's name and contact. 3. Date of transaction. 4. Unit model and serial numbers of all units sent. 5. Refrigerant type and full charge amount. 6. Include the following statement on the letter: "This equipment or appliance containing refrigerant is subject to the "safe disposal requirements" of the Clean Air Act of 1990 as implemented by 40 CFR Part 82, Subpart F, 82.150-166, requiring that refrigerants be removed from equipment and appliances prior to final disposal." PART 17 -NEW EQUIPMENT GUIDELINES 17.1 NEW EQUIPMENT DOCUMENTATION A. For each new system installed, the EQUIPMENT INVENTORY FORM must be completed by the installation contractor and submitted to the WinCo RCM within five (5) calendar days of equipment start-up. This includes all refrigeration and HVAC systems containing refrigerant, regardless of their refrigerant type and full capacity. The EQUIPMENT INVENTORY FORM must include named photos for each of the following: system nameplate(s), controller(s), and I/O board(s). All fields must be filled out completely and must be legible and capable of being imaged. 17.2 NEW EQUIPMENT LEAK TESTING - A. All new equipment including: packaged equipment - factory charged, field charged, split systems or field-constructed systems with field installed refrigerant piping shall be leak tested prior to or during startup. The leak testing process shall utilize the appropriate electronic leak WINCO STORE NO. 23 019115 - 20 REFRIGERANT COMPLIANCE PLAN WINCO FOODS LLC 03/14 testing equipment, recorded using the REFRIGERANT TRACKING FORM and entered in the Refrigerant Tracking System. Leaks shall be repaired before acceptance of system. A thirty (30) day follow-up leak test shall be performed on systems which had a leak detected during startup procedures. B. If a leak is detected the following shall occur: 1. Notify the Construction Manager. 2. Document the leak on the REFRIGERANT TRACKING FORM and in the Refrigerant Tracking System. 3. Repair the leak within fourteen (14)calendar days. 4. Document the action and procedures taken on the REFRIGERANT TRACKING FORM and in the Refrigerant Tracking System. 5. Leak test to verify the leak was repaired. 6. Schedule and provide a thirty (30)day follow-up verification leak test. 7. Document follow-up leak testing on the REFRIGERANT TRACKING FORM and in the Refrigerant Tracking System. 8. Repeat the above process if follow-up leak is detected. PART 18 -WARRANTY PERIOD 18.1 GENERAL A. During the first year the refrigeration contractor shall schedule four (4) service visits for preventative maintenance. These four (4) visits shall be scheduled at 3, 6, 9 and 11 '/2 months after the Substantial Completion. During these visits, leak inspections must be completed, documented on the LEAK INSPECTION REVIEW FORMS and entered into the Refrigerant Tracking System. A copy of this form must be given to the Store Manager and a copy must be submitted to the WinCo RCM within two (2) calendar days upon completion. B. During the first year of system operation, the HVAC installation contractor is required to perform a periodic leak inspection(s) on systems used solely for comfort cooling if required by federal, state or local regulations. The leak inspection(s) must be documented on the REFRIGERANT TRACKING FORM. A copy of this form must be given to the Store Manager and a copy must be submitted to the WinCo RCM within two (2) calendar days upon completion. C. During the warranty period as defined by the Contract Documents, all contractors must complete the REFRIGERANT TRACKING FORM and enter the information into the Refrigerant Tracking System each time a leak test is performed, a leak is detected and repaired, or refrigerant is added, removed or recovered. A copy of this form must be given to the Store WINCO STORE NO. 23 019115 - 21 REFRIGERANT COMPLIANCE PLAN WINCO FOODS LLC 03/14 Manager and a copy must be submitted to the WinCo RCM within two (2) calendar days upon completion. PART 19 -EQUIPMENT ID TAGS 19.1 GENERAL A. All new equipment shall be tagged per the Contract Documents. B. All existing equipment shall have the equipment designation and refrigerant type clearly marked on the unit. The typical naming conventions are as follows: Rack A, Protocol A, Single System A, Self-Contained System A, RTU-1, etc. Notify the WinCo RCM of equipment that is not clearly labeled. PART 20-CONTACT INFORMATION 20.1 GENERAL A. Should you have any questions regarding WinCo's Refrigerant Compliance Plan, Refrigerant Tracking System, or policies, please contact the WinCo RCM. Current contact information for the WinCo RCM is listed under Section 2.2B. B. Contractors and service technicians are encouraged to reach out to the WinCo RCM to report any issues or concerns they have, evidence of a "chronic issue" (i.e. more than three (3) leaks from the same system location within one(1) year),problem systems, etc. WINCO STORE NO. 23 019115 - 22 REFRIGERANT COMPLIANCE PLAN WINCO FOODS, LLC 03/13 SECTION 024119 - SELECTIVE STRUCTURE DEMOLITION PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Demolition and removal of selected portions of building or structure. B. Related Sections include the following: 1. Division 01 Section "Summary" for use of premises and Owner-occupancy requirements. 2. Division 01 Section "Temporary Facilities and Controls" for temporary construction and environmental-protection measures for selective demolition operations. 3. Division 01 Section "Cutting and Patching" for cutting and patching procedures. 1.3 DEFINITIONS A. Remove: Detach items from existing construction and legally dispose of them off-site, unless indicated to be removed and salvaged or removed and reinstalled. B. Remove and Reinstall: Detach items from existing construction, prepare them for reuse, and reinstall them where indicated. C. Existing to Remain: Existing items of construction that are not to be removed and that are not otherwise indicated to be removed, removed and salvaged, or removed and reinstalled. 1.4 MATERIALS OWNERSHIP A. Historic items, relics, and similar objects including, but not limited to, cornerstones and their contents, commemorative plaques and tablets, antiques, and other items of interest or value to Owner that may be encountered during selective demolition remain Owner's property. Carefully remove and salvage each item or object in a manner to prevent damage and deliver promptly to Owner. 1.5 SUBMITTALS A. Schedule of Selective Demolition Activities: Indicate the following: WINCO STORE NO.23 (Bakery Alcove) SELECTIVE STRUCTURE DEMOLITION 024119 - 1 WINCO FOODS, LLC 03/13 1. Detailed sequence of selective demolition and removal work, with starting and ending dates for each activity. Ensure Owner's building manager's on-site operations are _. uninterrupted. Include demolition activities on Project Schedule. 2. Interruption of utility services. Indicate how long utility services will be interrupted. 3. Coordination for shutoff, capping, and continuation of utility services. 4. Use of elevator and stairs. 5. Locations of proposed dust-and noise-control temporary partitions and means of egress. 6. Coordination of Owner's continuing occupancy of portions of existing building and of Owner's partial occupancy of completed Work. 7. Means of protection for items to remain and items in path of waste removal from building. B. Predemolition Photographs or Videotapes: Show existing conditions of adjoining construction and site improvements, including finish surfaces, that might be misconstrued as damage caused by selective demolition operations. Submit such evidence to WinCo Construction Manager for review prior to demolition operations. C. Landfill Records: Indicate receipt and acceptance of hazardous wastes by a landfill facility licensed to accept hazardous wastes. 1.6 QUALITY ASSURANCE A. Demolition Firm Qualifications: An experienced firm that has specialized in demolition work .� similar in material and extent to that indicated for this Project. B. Refrigerant Recovery Technician Qualifications: Certified by an EPA-approved certification program. C. Regulatory Requirements: Comply with governing EPA notification regulations before beginning selective demolition if required. Comply with hauling and disposal regulations of authorities having jurisdiction. D. Predemolition Conference: Conduct conference to review methods and procedures related to selective demolition including, but not limited to, the following: 1. Inspect and discuss condition of construction to be selectively demolished. 2. Review structural load limitations of existing structure. 3. Review and finalize selective demolition schedule and verify availability of materials, demolition personnel, equipment, and facilities needed to make progress and avoid delays. 4. Review requirements of work performed by other trades that rely on substrates exposed by selective demolition operations. 5. Review areas where existing construction is to remain and requires protection. -- 1.7 PROJECT CONDITIONS A. Owner will occupy portions of building immediately adjacent to selective demolition area. Conduct selective demolition so Owner's operations will not be disrupted. WINCO STORE NO.23 (Bakery Alcove) SELECTIVE STRUCTURE DEMOLITION 024119-2 WINCO FOODS, LLC 03/13 1. Comply with requirements specified in Division 01 Section "Summary." B. Notify Architect of discrepancies between existing conditions and Drawings before proceeding with selective demolition. C. Hazardous Materials: A report has been prepared as to whether hazardous materials are present in the building. 1. Hazardous materials will be removed by Owner before start of the Work. 2. If materials suspected of containing hazardous materials are encountered during construction, do not disturb; immediately notify Architect and Owner. Owner will remove hazardous materials under a separate contract or will arrange with contractor to remove the hazardous material under this contract. D. Storage or sale of removed items or materials on-site is not permitted. E. Utility Service: Maintain existing utilities indicated to remain in service and protect them against damage during selective demolition operations. 1. Maintain fire-protection facilities in service during selective demolition operations. 1.8 WARRANTY A. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during selective demolition, by methods and with materials so as not to void existing warranties. PART 2 -PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that utilities have been disconnected and capped. B. Survey existing conditions and correlate with requirements indicated to determine extent of selective demolition required. C. Inventory and record the condition of items to be removed and reinstalled and items to be removed and salvaged. D. When unanticipated mechanical, electrical, or structural elements that conflict with intended function or design are encountered, investigate and measure the nature and extent of conflict. Promptly submit a written report to Architect. WINCO STORE NO.23 (Bakery Alcove) SELECTIVE STRUCTURE DEMOLITION 024119 - 3 WINCO FOODS, LLC 03/13 3.2 UTILITY SERVICES AND MECHANICAL/ELECTRICAL SYSTEMS A. Existing Services/Systems: Maintain services/systems indicated to remain and protect them against damage during selective demolition operations. 1. Comply with requirements for existing services/systems interruptions specified in Division 01 Section "Summary." B. Service/System Requirements: Locate, identify, disconnect, and seal or cap off indicated utility services and mechanical/electrical systems serving areas to be selectively demolished. 1. Coordinate with WinCo Construction Manager and arrange to shut off indicated services/systems with Utility Companies. 2. If services/systems are required to be removed, relocated, or abandoned, before proceeding with selective demolition provide temporary services/systems that bypass area of selective demolition and that maintain continuity of services/systems to other parts of building. 3. Cut off pipe or conduit in walls or partitions to be removed. Cap, valve, or plug and seal remaining portion of pipe or conduit after bypassing. a. Where entire wall is to be removed, existing services/systems may be removed with removal of the wall. 3.3 PREPARATION A. Site Access and Temporary Controls: Conduct selective demolition and debris-removal operations to ensure minimum interference with roads, streets, walks, walkways, and other adjacent occupied and used facilities. 1. Comply with requirements for access and protection specified in Division 01 Section "Temporary Facilities and Controls." B. Temporary Facilities: Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings and facilities to remain. 1. Provide protection to ensure safe passage of people around selective demolition area and to and from occupied portions of building. 2. Provide temporary weather protection, during interval between selective demolition of existing construction on exterior surfaces and new construction, to prevent water leakage and damage to structure and interior areas. 3. Protect walls, ceilings, floors, and other existing finish work that are to remain or that are exposed during selective demolition operations. 4. Cover and protect furniture, furnishings, and equipment that have not been removed. 5. Comply with requirements for temporary enclosures, dust control, heating, and cooling specified in Division 01 Section "Temporary Facilities and Controls." C. Temporary Shoring: Provide and maintain shoring, bracing, and structural supports as required to preserve stability and prevent movement, settlement, or collapse of construction and finishes to remain, and to prevent unexpected or uncontrolled movement or collapse of construction being demolished. WINCO STORE NO.23 (Bakery Alcove) SELECTIVE STRUCTURE DEMOLITION 024119 -4 WINCO FOODS, LLC 03/13 1. Strengthen or add new supports when required during progress of selective demolition. 3.4 SELECTIVE DEMOLITION, GENERAL A. General: Demolish and remove existing construction only to the extent required by new construction and as indicated. Use methods required to complete the Work within limitations of governing regulations and as follows: 1. Proceed with selective demolition systematically, from higher to lower level. Complete selective demolition operations above each floor or tier before disturbing supporting members on the next lower level. 2. Neatly cut openings and holes plumb, square, and true to dimensions required. Use cutting methods least likely to damage construction to remain or adjoining construction. Use hand tools or small power tools designed for sawing or grinding, not hammering and chopping, to minimize disturbance of adjacent surfaces. Temporarily cover openings to remain. 3. Cut or drill from the exposed or finished side into concealed surfaces to avoid marring existing finished surfaces. 4. Do not use cutting torches until work area is cleared of flammable materials. At concealed spaces, such as duct and pipe interiors, verify condition and contents of hidden space before starting flame-cutting operations. Maintain fire watch and portable fire- ; suppression devices during flame-cutting operations. 5. Maintain adequate ventilation when using cutting torches. 6. Remove decayed, vermin-infested, or otherwise dangerous or unsuitable materials and promptly dispose of off-site. 7. Remove structural framing members and lower to ground by method suitable to avoid free fall and to prevent ground impact or dust generation. 8. Locate selective demolition equipment and remove debris and materials so as not to impose excessive loads on supporting walls, floors, or framing. 9. Dispose of demolished items and materials promptly. B. Removed and Reinstalled Items: 1. Clean and repair items to functional condition adequate for intended reuse. Paint 1 equipment to match new equipment. 2. Pack or crate items after cleaning and repairing. Identify contents of containers. 3. Protect items from damage during transport and storage. 4. Reinstall items in locations indicated. Comply with installation requirements for new materials and equipment. Provide connections, supports, and miscellaneous materials necessary to make item functional for use indicated. C. Existing Items to Remain: Protect construction indicated to remain against damage and soiling during selective demolition. When permitted by Architect, items may be removed to a suitable, protected storage location during selective demolition and cleaned and reinstalled ill their original locations after selective demolition operations are complete. WINCO STORE NO.23 (Bakery Alcove) SELECTIVE STRUCTURE DEMOLITION 024119 - 5 WINCO FOODS, LLC 03/13 3.5 SELECTIVE DEMOLITION PROCEDURES FOR SPECIFIC MATERIALS A. Concrete: Demolish in sections. Cut concrete full depth at junctures with construction to remain and at regular intervals, using power-driven saw, then remove concrete between saw cuts. B. Masonry: Demolish in small sections. Cut masonry at junctures with construction to remain, using power-driven saw,then remove masonry between saw cuts. C. Concrete Slabs-on-Grade: Saw-cut perimeter of area to be demolished, then break up and remove. D. Resilient Floor Coverings: Remove floor coverings and adhesive according to recommendations in RFCI-WP and its Addendum. 1. Remove residual adhesive and prepare substrate for new floor coverings by one of the methods recommended by RFCI. E. Roofing:Ro fi Remove no existing b o m r o e ea sung roofing than can be covered in one day by new roofing and so that building interior remains watertight and weathertight. Refer to Division 07 Section for new roofing requirements. 1. Remove existing roof membrane, flashings, copings, and roof accessories as identified on drawings. F. Air-Conditioning Equipment: Remove equipment without releasing refrigerants if required. i 3.6 DISPOSAL OF DEMOLISHED MATERIALS A. General: Except for items or materials indicated to be reused, salvaged, reinstalled, or otherwise indicated to remain Owner's property, remove demolished materials from Project site and legally dispose of them in an EPA-approved landfill. 1. Do not allow demolished materials to accumulate on-site. 2. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas. 3. Remove debris from elevated portions of building by chute, hoist, or other device that will convey debris to grade level in a controlled descent. B. Burning: Do not burn demolished materials. C. Disposal: Transport demolished materials off Owner's property and legally dispose of them. 3.7 CLEANING A. Clean adjacent structures and improvements of dust, dirt, and debris caused by selective demolition operations. Return adjacent areas to condition existing before selective demolition operations began. END OF SECTION 024119 WINCO STORE NO.23 (Bakery Alcove) SELECTIVE STRUCTURE DEMOLITION 024119 -6 WINCO FOODS, LLC 03/13 SECTION 079200 -JOINT SEALANTS PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes joint sealants for the following applications, including those specified by reference to this Section: 1. Exterior joints in the following vertical surfaces and horizontal nontraffic surfaces: a. Construction joints in cast-in-place concrete. b. Control and expansion joints in unit masonry. c. Joints between different materials listed above. d. Perimeter joints between materials listed above and frames of doors and windows. e. Other joints as required. 2. Exterior joints in the following horizontal traffic surfaces: a. Isolation and control joints in cast-in-place concrete slabs. b. Joints between plant-precast architectural concrete paving units. c. Other joints as required. 3. Interior joints in the following vertical surfaces and horizontal nontraffic surfaces: a. Control and expansion joints on exposed interior surfaces of exterior walls. b. Perimeter joints of exterior openings where indicated. c. Tile control and expansion joints. d. Vertical joints on exposed surfaces of interior unit masonry, walls and partitions. e. Joints between plumbing fixtures and adjoining walls,floors, and counters. f. Other joints as required. 4. Interior joints in the following horizontal traffic surfaces: a. Isolation and control joints in cast-in-place concrete slabs, except for polished concrete, see Specification Section 033300. b. Control and expansion joints in tile flooring. c. Other joints as required. WINCO STORE NO. 23 (Bakery Alcove) JOINT SEALANTS 079200 - 1 WINCO FOODS, LLC 03/13 B. Related Sections include the following: 1. Division 04 Section "Unit Masonry" for masonry control and expansion joint fillers and gaskets. 2. Division 08 Section "Glazing" for glazing sealants. 3. Division 09 Section "Gypsum Board" for sealing perimeter joints of gypsum board partitions to reduce sound transmission. 4. Division 09 Section "Tiling" for sealing tile joints. 5. Division 09 Section "Acoustical Tile Ceilings" for sealing edge moldings at perimeters of acoustical ceilings. 1.3 PERFORMANCE REQUIREMENTS A. Provide elastomeric joint sealants that establish and maintain watertight and airtight continuous joint seals without staining or deteriorating joint substrates. B. Provide joint sealants for interior applications that establish and maintain airtight and water- resistant continuous joint seals without staining or deteriorating joint substrates. 1.4 SUBMITTALS A. Product Data: For each joint-sealant product indicated. B. Samples for Initial Selection: Manufacturer's color charts consisting of strips of cured sealants showing the full range of colors available for each product exposed to view. C. Samples for Verification: For each type and color of joint sealant required, provide Samples with joint sealants in 1/2-inch- (13-mm-) wide joints formed between two 6-inch- (150-mm-) long strips of material matching the appearance of exposed surfaces adjacent to joint sealants. D. SWRI Validation Certificate: For each elastomeric sealant specified to be validated by SWRI's Sealant Validation Program. E. Qualification Data: For qualified Installer. F. Compatibility and Adhesion Test Reports: From sealant manufacturer, indicating the following: 1. Materials forming joint substrates and joint-sealant backings have been tested for compatibility and adhesion with joint sealants. 2. Interpretation of test results and written recommendations for primers and substrate preparation needed for adhesion. G. Product Test Reports: Based on comprehensive testing of product formulations performed by a qualified testing agency, indicating that sealants comply with requirements. • H. Warranties: Special warranties specified in this Section. WINCO STORE NO. 23 (Bakery Alcove) JOINT SEALANTS 079200-2 WINCO FOODS, LLC 03/13 1.5 QUALITY ASSURANCE A. Installer Qualifications: Manufacturer's authorized Installer who is approved or licensed for installation of elastomeric sealants required for this Project and who has completed similar applications for all products listed with successful results and construction record for the five year minimum. B. Source Limitations: Obtain each type of joint sealant through one source from a single manufacturer. 1.6 PROJECT CONDITIONS A. Do not proceed with installation of joint sealants under the following conditions: 1. When ambient and substrate temperature conditions are outside limits permitted by joint- sealant manufacturer. 2. When joint substrates are wet. 3. Where joint widths are less than those allowed by joint-sealant manufacturer for applications indicated. 4. Contaminants capable of interfering with adhesion have not yet been removed from joint substrates. 1.7 WARRANTY A. Special Manufacturers/Installers/General Contractor Warranty: Provide a form signed by all parties listed above in which: 1. The elastomeric sealant manufacturer agrees to furnish elastomeric joint sealants to repair or replace those that do not comply with performance and other requirements specified in this Section within specified warranty period. a. Warranty Period: Five(5)years from date of Substantial Completion. 2. The Installer agrees to repair or replace elastomeric joint sealants that do not comply with performance and other requirements specified in this Section within specified warranty period. a. Warranty Period: Five(5)years from date of Substantial Completion. 3. If notified by the owner of a suspected failure in the elastomeric sealants, the general contractor agrees to coordinate with manufacturer and installer for the work required for the warranty period. 4. Special warranties specified in this Article exclude deterioration or failure of elastomeric joint sealants from the following: a. Movement of the structure resulting in stresses on the sealant exceeding sealant manufacturer's written specifications for sealant elongation and compression caused by structural settlement or errors attributable to design or construction. WINCO STORE NO. 23 (Bakery Alcove) JOINT SEALANTS 079200 - 3 WINCO FOODS, LLC 03/13 b. Disintegration of joint substrates from natural causes exceeding design specifications. -- c. Mechanical damage caused by individuals,tools, or other outside agents. d. Changes in sealant appearance caused by accumulation of dirt or other atmospheric contaminants. PART 2-PRODUCTS 2.1 MANUFACTURERS A. Products: Subject to compliance with requirements, provide one of the products listed in other Part 2 articles. 2.2 MATERIALS, GENERAL A. Compatibility: Provide joint sealants, backings, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer, based on testing and field experience. - B. Colors of Exposed Joint Sealants: Provide custom matched color of exposed joints to match finish color of adjacent surfaces. If color to be matched abuts two colors and is open for interpretation contact A.O.R. for color to use. C. Elastomeric Sealants: Comply with ASTM C 920 and other requirements indicated for each liquid-applied chemically curing sealant specified, including those referencing ASTM C 920 classifications for type, grade, class, and uses related to exposure and joint substrates. D. Stain-Test-Response Characteristics: Where elastomeric sealants are specified to be nonstaining to porous substrates, provide products that have undergone testing according to ASTM C 1248 and have not stained porous joint substrates indicated for Project. E. Suitability for Immersion in Liquids. Where elastomeric sealants are indicated for Use I for joints that will be continuously immersed in liquids, provide products that have undergone testing according to ASTM C 1247 and qualify for the length of exposure indicated by reference to ASTM C 920 for Class 1 or 2. Liquid used for testing sealants is deionized water, unless otherwise indicated. • F. Suitability for Contact with Food: Where elastomeric sealants are indicated for joints that will come in repeated contact with food, provide products that comply with 21 CFR 177.2600. -1 WINCO STORE NO. 23 (Bakery Alcove) JOINT SEALANTS 079200 -4 WINCO FOODS, LLC 03/13 2.3 EXTERIOR SEALANTS SCHEDULE(ES) ES-l: Vertical joints of glass, plastic, metal or other non-porous surfaces. Use this product on the interior side of storefront. • One-part, acetoxy-cure, RTV silicone, Dow Corning Silicone Glazing Sealant or approved equal. ES-2: Vertical joints of masonry, concrete, stone or other porous surfaces. • Low-modulus, one-part, neutral-cure, 100% Dow Corning contractors concrete sealant or approved equal. ES-3: Horizontal concrete joints. • One-part, cold-applied silicone, low-modulus Dow Corning 888 silicone joint sealant or approved equal. ES-4: Multi-purpose joint sealant. • Ultra-low-modulus, one-part, neutral-cure Dow Corning 790 silicone building sealant or approved equal. 2.4 INTERIOR SEALANT SCHEDULE (IS) (NOTE: All cooler and freezer box sealant provided by manufacturer/owner.) (NOTE: Specification Section 033300 for joint filler(sealant)for Architectural Concrete.) (NOTE: Specification Section 066400 for FRP Sealant) IS-1: Sealant for interior wet areas. • One-part, acetoxy-cure Dow Corning 786 silicone mildew resistant sealant or approved equal. 1S-2: General purpose paintable joints and acoustical sealing of gypsum board walls and ceilings.. • One-part acrylic latex, "Tremco" Tremflex 834 siliconized acrylic latex sealant or approved equal. IS-3: Horizontal concrete joints for other than exposed standard or polished gray concrete slabs. (Re: Specification Section 033300, 2.4 Cl for joint sealant for exposed standard or polished gray concrete slabs). • One-part, Dow Corning 890-SL self-leveling silicone joint sealant or approved equal. IS-4: General purpose non-painted joints. WINCO STORE NO. 23 (Bakery Alcove) JOINT SEALANTS 079200 - 5 _a WINCO FOODS, LLC 03/13 • One-part, acetoxy-cure, RTV, Dow Corning general purpose silicone sealant or approved equal. -) IS-5: Fire rated sealant at corridor walls and Deli hood walls. • One-component, high-performance elastomeric polyurethane sealant, "Sonolastic" NPI or approved equal. IS-6: Horizontal concrete joints beneath VCT, sheet vinyl or resinous floor finish. • One-component, non-priming, self-leveling elastomeric polyurethane, "Sonolastic" SLI or approved equal. IS-7: Vertical joints of masonry, concrete, stone or other porous surfaces. • Low-modulus, one-part, neutral-cure, 100% Dow Corning contractors concrete sealant or approved equal. 2.5 JOINT-SEALANT BACKING A. General: Provide sealant backings of material and type that are nonstaining; are compatible with -, joint substrates, sealants, primers, and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. B. Cylindrical Sealant Backings: ASTM C 1330, Type as approved in writing by joint-sealant manufacturer for joint application indicated, and of size and density to control sealant depth and otherwise contribute to producing optimum sealant performance. C. Elastomeric Tubing Sealant Backings: Neoprene butyl, EPDM, or silicone tubing complying with ASTM D 1056, nonabsorbent to water and gas, and capable of remaining resilient at temperatures down to minus 26 deg F (minus 32 deg C). Provide products with low compression set and of size and shape to provide a secondary seal, to control sealant depth, and to otherwise contribute to optimum sealant performance. D. Bond-Breaker Tape: Polyethylene tape or other plastic tape recommended by sealant manufacturer for preventing sealant from adhering to rigid, inflexible joint-filler materials or joint surfaces at back of joint where such adhesion would result in sealant failure. Provide self- adhesive tape where applicable. 2.6 MISCELLANEOUS MATERIALS A. Primer: Material recommended by joint-sealant manufacturer where required for adhesion of sealant to joint substrates indicated, as determined from preconstruction joint-sealant-substrate tests and field tests. B. Cleaners for Nonporous Surfaces: Chemical cleaners acceptable to manufacturers of sealants and sealant backing materials, free of oily residues or other substances capable of staining or harming joint substrates and adjacent nonporous surfaces in any way, and formulated to promote optimum adhesion of sealants to joint substrates. WINCO STORE NO. 23 (Bakery Alcove) JOINT SEALANTS 079200 -6 WINCO FOODS, LLC 03/13 C. Masking Tape: Nonstaining, nonabsorbent material compatible with joint sealants and surfaces adjacent to joints. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine joints indicated to receive joint sealants, with Installer present, for compliance with requirements for joint configuration, installation tolerances, and other conditions affecting joint- sealant performance. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Surface Cleaning of Joints: Clean out joints immediately before installing joint sealants to comply with joint-sealant manufacturer's written instructions and the following requirements: 1. Remove all foreign material from joint substrates that could interfere with adhesion of J o int sealant, including dust, paints (except for permanent, P rotective coatings tested and approved for sealant adhesion and compatibility by sealant manufacturer), old joint sealants, oil, grease, waterproofing, water repellents, water, surface dirt, and frost. 2. Clean porous joint substrate surfaces by brushing, grinding, blast cleaning, mechanical abrading, or a combination of these methods to produce a clean, sound substrate capable of developing optimum bond with joint sealants. Remove loose particles remaining after cleaning operations above by vacuuming or blowing out joints with oil-free compressed air. Porous joint substrates include the following: a. Concrete. b. Masonry. c. Unglazed surfaces of ceramic tile. 3. Remove laitance and form-release agents from concrete. 4. Clean nonporous surfaces with chemical cleaners or other means that do not stain, harm substrates, or leave residues capable of interfering with adhesion of joint sealants. Nonporous joint substrates include the following: a. Metal. b. Glass. c. Porcelain enamel. d. Glazed surfaces of ceramic tile. B. Joint Priming: Prime joint substrates, where recommended in writing by joint-sealant manufacturer. Apply primer to comply with joint-sealant manufacturer's written instructions. Confine primers to areas of joint-sealant bond; do not allow spillage or migration onto adjoining surfaces. WINCO STORE NO. 23 (Bakery Alcove) JOINT SEALANTS 079200 - 7 WINCO FOODS, LLC 03/13 C. Masking Tape: Use masking tape where required to prevent contact of sealant with adjoining surfaces that otherwise would be permanently stained or damaged by such contact or by cleaning methods required to remove sealant smears. Remove tape immediately after tooling without disturbing joint seal. 3.3 INSTALLATION OF JOINT SEALANTS A. General: Comply with joint-sealant manufacturer's written installation instructions for products —, and applications indicated, unless more stringent requirements apply. B. Sealant Installation Standard: Comply with recommendations in ASTM C 1193 for use of joint sealants as applicable to materials, applications,and conditions indicated. C. Acoustical Sealant Application Standard: Comply with recommendations in ASTM C 919 for use of joint sealants in acoustical applications as applicable to materials, applications, and conditions indicated. D. Install sealant backings of type indicated to support sealants during application and at position required to produce cross-sectional shapes and depths of installed sealants relative to joint widths that allow optimum sealant movement capability. _J I. Do not leave gaps between ends of sealant backings. 2. Do not stretch,twist, puncture, or tear sealant backings. 3. Remove absorbent sealant backings that have become wet before sealant application and replace them with dry materials. E. Install sealants using proven techniques that comply with the following and at the same time backings are installed: 1. Place sealants so they directly contact and fully wet joint substrates. 2. Completely fill recesses in each joint configuration. 3. Produce uniform, cross-sectional shapes and depths relative to joint widths that allow optimum sealant movement capability. F. Tooling of Nonsag Sealants: Immediately after sealant application and before skinning or curing begins, tool sealants according to requirements specified below to form smooth, uniform beads of configuration indicated; to eliminate air pockets; and to ensure contact and adhesion of sealant with sides of joint. 1. Remove excess sealant from surfaces adjacent to joints. 2. Use tooling agents that are approved in writing by sealant manufacturer and that do not discolor sealants or adjacent surfaces. 3. Provide concave joint configuration per Figure 5A in ASTM C 1193, unless otherwise indicated. WINCO STORE NO. 23 (Bakery Alcove) JOINT SEALANTS 079200 - 8 WINCO FOODS, LLC 03/13 3.4 CLEANING A. Clean off excess sealant or sealant smears adjacent to joints as the Work progresses by methods and with cleaning materials approved in writing by manufacturers of joint sealants and of products in which joints occur. 3.5 PROTECTION A. Protect joint sealants during and after curing period from contact with contaminating substances and from damage resulting from construction operations or other causes so sealants are without deterioration or damage at time of Substantial Completion. If, despite such protection, damage or deterioration occurs, cut out and remove damaged or deteriorated joint sealants immediately so installations with repaired areas are indistinguishable from original work. END OF SECTION 079200 WINCO STORE NO. 23 (Bakery Alcove) JOINT SEALANTS 079200 - 9 WINCO FOODS, LLC 03/13 SECTION 092900 - GYPSUM BOARD PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Interior gypsum board. 2. Tile backing panels. B. Related Sections include the following: 1. Division 05 Section "Cold-Formed Metal Framing" for load-bearing steel framing that supports gypsum board. 2. Division 06 Section "Rough Carpentry" for wood framing and furring that supports gypsum board. 3. Division 07 Section "Thermal Insulation" for insulation and vapor retarders installed in assemblies that incorporate gypsum board. 4. Division 07 Section "Fire-Resistive Joint Systems" for head-of-wall assemblies that incorporate gypsum board. 5. Division 09 Section "Tiling" for cementitious backer units installed as substrates for ceramic tile. 6. Division 09 painting Sections for primers applied to gypsum board surfaces. 7. Division 09 Section "Non Structural Metal Framing" for interior non load bearing steel stud framing. 1.3 QUALITY ASSURANCE A. Fire-Resistance-Rated Assemblies: For fire-resistance-rated assemblies, provide materials and construction identical to those tested in assembly indicated according to ASTM E 119 by an independent testing agency. 1.4 STORAGE AND HANDLING A. Store materials inside under cover and keep them dry and protected against damage from weather, condensation, direct sunlight, construction traffic, and other causes. Stack panels flat to prevent sagging. WINCO STORE NO. 23 (Bakery Alcove) GYPSUM BOARD 092900 - 1 WINCO FOODS, LLC 03/13 -1 1.5 PROJECT CONDITIONS A. Environmental Limitations: Comply with ASTM C 840 requirements or gypsum board manufacturer's written recommendations, whichever are more stringent. PART 2 - PRODUCTS 2.1 INTERIOR GYPSUM BOARD A. General: Complying with ASTM C 36/C 36M or ASTM C 1396/C 1396M, as applicable to type of gypsum board indicated and whichever is more stringent. 1. Manufacturers: Subject to compliance with requirements, provide products by one of the following: a. American Gypsum Co. b. BPB America Inc. c. G-P Gypsum. d. Lafarge North America Inc. e. National Gypsum Company. f. PABCO Gypsum. g. Temple. h. USG Corporation. B. Regular Type: 1. Thickness: 5/8-inch (12.7 mm). 2. Long Edges: Tapered. C. Type X: 1. Thickness: 5/8-inch (12.7 mm), 5/8-inch(15.9 mm). 2. Long Edges: Tapered. D. Ceiling Type: Manufactured to have more sag resistance than regular-type gypsum board. I. Thickness: 5/8-inch (12.7 mm). 2. Long Edges: Tapered. 2.2 TILE BACKING PANELS A. Water-Resistant Gypsum Backing Board: ASTM C 630/C 630M or ASTM C 1396/C 1396M. 1. Manufacturers: Subject to compliance with requirements, provide products by one of the following: a. American Gypsum Co. b. BPB America Inc. c. G-P Gypsum. WINCO STORE NO. 23 (Bakery Alcove) GYPSUM BOARD 092900-2 WINCO FOODS, LLC 03/13 d. Lafarge North America Inc. e. National Gypsum Company. f. PABCO Gypsum. g. Temple. h. USG Corporation. 2. Core: 5/8-inch(15.9 mm), Type X. B. Cementitious Backer Units: ANSI Al 1 8.9. 1. Available Products: Subject to compliance with requirements, products that may be • incorporated into the Work include, but are not limited to, the following: 2. Products: Subject to compliance with requirements, provide one of the following: a. Custom Building Products; Wonderboard. b. FinPan, Inc.; Util-A-Crete Concrete Backer Board. c. USG Corporation; DUROCK Cement Board. 3. Thickness: 1/4-inch on walls as indicated on drawings. 2.3 TRIM ACCESSORIES A. Interior Trim: ASTM C 1047. 1. Material: Galvanized or aluminum-coated steel sheet, rolled zinc, plastic, or paper-faced galvanized steel sheet. 2. Shapes: a. Cornerbead. b. Bullnose bead. c. LC-Bead: J-shaped; exposed long flange receives joint compound. d. L-Bead: L-shaped; exposed long flange receives joint compound. e. U-Bead: J-shaped; exposed short flange does not receive joint compound. f. Expansion(control)joint. g. Curved-Edge Cornerbead: With notched or flexible flanges. 2.4 JOINT TREATMENT MATERIALS A. General: Comply with ASTM C 475/C 475M. B. Joint Tape: 1. Interior Gypsum Wallboard: Paper. 2. Glass-Mat Gypsum Sheathing Board: 10-by-10 glass mesh. 3. Tile Backing Panels: As recommended by panel manufacturer. C. Joint Compound for Interior Gypsum Wallboard: For each coat use formulation that is compatible with other compounds applied on previous or for successive coats. WINCO STORE NO. 23 (Bakery Alcove) GYPSUM BOARD 092900 - 3 WINCO FOODS, LLC 03/13 1. Embedding and First Coat: For embedding tape and first coat on joints, fasteners, and trim flanges, use setting-type taping compound. a. Use setting-type compound for installing paper-faced metal trim accessories. 2. Fill Coat: For second coat, use drying-type, all-purpose compound. 3. Finish Coat: For third coat, use drying-type, all-purpose compound. D. Joint Compound for Tile Backing Panels: 1. Water-Resistant G yp sum Backing Board: Use setting-type taping compound and setting- type, sandable topping compound. 2. Cementitious Backer Units: As recommended by backer unit manufacturer. 2.5 AUXILIARY MATERIALS A. General: Provide auxiliary materials that comply with referenced installation standards and manufacturer's written recommendations. B. Laminating Adhesive: Adhesive or joint compound recommended for directly adhering .� gypsum panels to continuous substrate. C. Steel Drill Screws: ASTM C 1002, unless otherwise indicated. 1. Use screws complying with ASTM C 954 for fastening panels to steel members from 0.033 to 0.112 inch(0.84 to 2.84 mm)thick. 2. For fastening cementitious backer units, use screws of type and size and adhesive recommended by panel manufacturer. -) D. Sound Attenuation Blankets: ASTM C 665, Type I (blankets without membrane facing) ---' produced by combining thermosetting resins with mineral fibers manufactured from glass, slag wool, or rock wool. 1. Fire-Resistance-Rated Assemblies: Comply with mineral-fiber requirements of assembly. E. Acoustical Sealant: As specified in Division 07 Section "Joint Sealants." F. Thermal Insulation: As specified in Division 07 Section "Thermal Insulation." 1 PART 3 -EXECUTION 3.1 EXAMINATION A. Examine areas and substrates, with Installer present, and including welded hollow-metal frames and framing, for compliance with requirements and other conditions affecting performance. B. Examine panels before installation. Reject panels that are wet, moisture damaged, and mold damaged. WINCO STORE NO. 23 (Bakery Alcove) GYPSUM BOARD 092900 -4 WINCO FOODS, LLC 03/13 C. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 APPLYING AND FINISHING PANELS, GENERAL A. Comply with ASTM C 840. B. Install ceiling panels across framing to minimize the number of abutting end joints and to avoid abutting end joints in central area of each ceiling. Stagger abutting end joints of adjacent panels not less than one framing member. C. Install panels with face side out. Butt panels together for a light contact at edges and ends with not more than 1/16 inch(1.5 mm) of open space between panels. Do not force into place. D. Locate edge and end joints over supports, except in ceiling applications where intermediate supports or gypsum board back-blocking is provided behind end joints. Do not place tapered edges against cut edges or ends. Stagger vertical joints on opposite sides of partitions. Do not make joints other than control joints at corners of framed openings. E. Form control and expansion joints with space between edges of adjoining gypsum panels. F. Cover both faces of support framing with gypsum panels in concealed spaces (above ceilings, etc.), except in chases braced internally. 1. Unless concealed application is indicated or required for sound, fire, air, or smoke ratings, coverage may be accomplished with scraps of not less than 8 sq. ft. (0.7 sq. m) in area. 2. Fit gypsum panels around ducts, pipes, and conduits. 3. Where partitions intersect structural members projecting below underside of floor/roof slabs and decks, cut gypsum panels to fit profile formed by structural members; allow 1/4-to 3/8-inch-(6.4-to 9.5-mm-)wide joints to install sealant. G. Isolate perimeter of gypsum board applied to non-load-bearing partitions at structural abutments, except floors. Provide 1/4- to 1/2-inch- (6.4- to 12.7-mm-) wide spaces at these locations, and trim edges with edge trim where edges of panels are exposed. Seal joints between edges and abutting structural surfaces with acoustical sealant. H. Attachment to Steel Framing: Attach panels so leading edge or end of each panel is attached to open (unsupported)edges of stud flanges first. I. STC-Rated Assemblies: Seal construction at perimeters, behind control joints, and at openings and penetrations with a continuous bead of acoustical sealant. Install acoustical sealant at both faces of partitions at perimeters and through penetrations. Comply with ASTM C 919 and with manufacturer's written recommendations for locating edge trim and closing off sound-flanking paths around or through assemblies, including sealing partitions above acoustical ceilings. 3.3 APPLYING INTERIOR GYPSUM BOARD A. Install interior gypsum board in the following locations: 1. Regular Type: 5/8-inch (15.9 mm) as indicated on Drawings. WINCO STORE NO. 23 (Bakery Alcove) GYPSUM BOARD 092900 - 5 WINCO FOODS, LLC 03/13 2. Type X: 1/2-inch(12.7 mm), 5/8-inch(15.9 mm)as indicated on Drawings. 3. Ceiling Type: 5/8-inch (15.9 mm). 4. Moisture- and Mold-Resistant Type: 5/8-inch (15.9 mm) in toilets and service departments behind tile or FRP as indicated on drawings. B. Single-Layer Application: 1. On ceilings, apply gypsum panels before wall/partition board application to greatest extent possible and at right angles to framing, unless otherwise indicated. 2. On partitions/walls, apply gypsum panels horizontally (perpendicular to framing), unless otherwise indicated or required by fire-resistance-rated assembly, and minimize end joints. a. Stagger abutting end joints not less than one framing member in alternate courses 1 of panels. 3. On Z-furring members, apply gypsum panels vertically (parallel to framing) with no end joints. Locate edge joints over furring members. 4. Fastening Methods: Apply gypsum panels to supports with steel drill screws. C. Multilayer Application: 1. On partitions/walls, apply gypsum board indicated for base layers and face layers vertically (parallel to framing) with joints of base layers located over stud or furring _ member and face-layer joints offset at least one stud or furring member with base-layer joints, unless otherwise indicated or required by fire-resistance-rated assembly. Stagger joints on opposite sides of partitions. 2. On Z-furring members, apply base layer vertically (parallel to framing) and face layer either vertically (parallel to framing) or horizontally (perpendicular to framing) with vertical joints offset at least one furring member. Locate edge joints of base layer over j furring members. 3. Fastening Methods: Fasten base layers and face layers separately to supports with screws and adhesive(if required)as listed in the UL Listing. D. Laminating to Substrate: Where gypsum panels are indicated as directly adhered to a substrate (other than studs,joists, furring members, or base layer of gypsum board), comply with gypsum board manufacturer's written recommendations and temporarily brace or fasten gypsum panels until fastening adhesive has set. 3.4 APPLYING TILE BACKING PANELS A. Water-Resistant Gypsum Backing Board: Install at toilets, service departments, and where indicated. Install with 1/4-inch (6.4-mm) gap where panels abut other construction or - penetrations. B. Cementitious Backer Units: ANSI A108.11, at locations indicated to receive tile. WINCO STORE NO. 23 (Bakery Alcove) GYPSUM BOARD 092900 -6 WINCO FOODS, LLC 03/13 3.5 INSTALLING TRIM ACCESSORIES A. General: For trim with back flanges intended for fasteners, attach to framing with same fasteners used for panels. Otherwise, attach trim according to manufacturer's written instructions. B. Control Joints: Install control joints according to ASTM C 840. C. Interior Trim: Install in the following locations: 1. Cornerbead: Use at outside corners. 2. LC-Bead: Use at exposed panel edges. D. Aluminum Trim: Install in locations indicated on Drawings. 3.6 FINISHING GYPSUM BOARD A. General: Treat gypsum board joints, interior angles, edge trim, control joints, penetrations, fastener heads, surface defects, and elsewhere as required to prepare gypsum board surfaces for decoration. Promptly remove residual joint compound from adjacent surfaces. B. Prefill open joints,beveled edges, and damaged surface areas. C. Apply joint tape over gypsum board joints, except those with trim having flanges not intended for tape. D. Gypsum Board Finish Levels: Finish panels to levels indicated below and according to ASTM C 840: 1. Level 1: Ceiling plenum areas, concealed areas, and where indicated unless a higher level of finish is required due to fire requirements. 2. Level 2: Panels that are substrate for FRP and CBU backing. 3. Level 4: All other gypsum board surfaces unless otherwise indicated. a. Primer and its application to surfaces are specified in other Division 09 Sections. E. Cementitious Backer Units: Finish according to manufacturer's written instructions. 3.7 PROTECTION A. Protect installed products from damage from weather, condensation, direct sunlight, construction, and other causes during remainder of the construction period. B. Remove and replace panels that are wet,moisture damaged, and mold damaged. 1. Indications that panels are wet or moisture damaged include, but are not limited to, discoloration, sagging, or irregular shape. 2. Indications that panels are mold damaged include, but are not limited to, fuzzy or splotchy surface contamination and discoloration. END OF SECTION 092900 WINCO STORE NO. 23 (Bakery Alcove) GYPSUM BOARD 092900 - 7 WINCO FOODS, LLC 01/14 SECTION 096513 - RESILIENT BASE AND ACCESSORIES PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Rubber base and accessories. B. Related Sections: 1. Division 03 Section "Cast in Place Concrete" and "Architectural Concrete". 2. Division 09 Section "Urethane Resinous Flooring with Broadcast Aggregate". 1.3 SUBMITTALS A. Product Data: For each type of product indicated. 1.4 QUALITY ASSURANCE 1.5 DELIVERY, STORAGE, AND HANDLING A. Store resilient products and installation materials in dry spaces protected from the weather, with ambient temperatures maintained within range recommended by manufacturer, but not less than 50 deg F (10 deg C) or more than 90 deg F(32 deg C). 1.6 PROJECT CONDITIONS A. Maintain ambient temperatures within range recommended by manufacturer, but not less than 70 deg F (21 deg C) or more than 95 deg F (35 deg C), in spaces to receive resilient products during the following time periods: 1. 48 hours before installation. 2. During installation. 3. 48 hours after installation. B. Until Substantial Completion, maintain ambient temperatures within range recommended by manufacturer, but not less than 55 deg F (13 deg C) or more than 95 deg F(35 deg C). WINCO STORE NO. 23 (Bakery Alcove) RESILIENT BASE AND ACCESSORIES 096513 - 1 WINCO FOODS, LLC 01/14 C. Install resilient products after other finishing operations, including painting, have been completed. 1.7 EXTRA MATERIALS A. Furnish extra materials that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. 1. Furnish not less than 10 linear feet (3 linear m) of each type, color, pattern, and size of resilient product installed. PART 2-PRODUCTS -1 2.1 RESILIENT BASE A. Rubber Base: • 1. Manufacturers: Subject to compliance with requirements, provide products by one of the following: a. Allstate Rubber Corp.; Stoler Industries. b. Armstrong World Industries, Inc. c. Burke Mercer Flooring Products;Division of Burke Industries, Inc. 1 d. Endura Rubber Flooring; Division of Burke Industries,Inc. e. Estrie Products International; American Biltrite(Canada)Ltd. f. Flexco,Inc. g. Johnsonite. h. Mondo Rubber International, Inc. i. Musson, R. C. Rubber Co. j. Nora Rubber Flooring; Freudenberg Building Systems, Inc. k. PRF USA, Inc. 1. Roppe Corporation, USA. m. VPI, LLC; Floor Products Division. B. Rubber Base Standard: ASTM F 1861. 1. Material Requirement: Type TS (rubber, vulcanized thermoset). 2. Manufacturing Method: Group II (layered). 3. Style: Cove (base with toe). C. Minimum Thickness: 1/8 inch (3.2 mm). D. Height: 4 inches (102 mm). E. Lengths: Coils in manufacturer's standard length. F. Outside Corners: Preformed. _J G. Inside Corners: Preformed. WINCO STORE NO. 23 (Bakery Alcove) RESILIENT BASE AND ACCESSORIES 096513 -2 WINCO FOODS, LLC 01/14 H. Finish: Satin. I. Colors and Patterns: As indicated on drawings. 2.2 INSTALLATION MATERIALS A. Trowelable Leveling and Patching Compounds: Latex-modified, portland cement based or blended hydraulic-cement-based formulation provided or approved by manufacturer for applications indicated. B. Adhesives: Water-resistant type recommended by manufacturer to suit resilient products and • substrate conditions indicated. 1. Adhesive VOC Content Limit: Not more than 50 g/I (0.42 lbs/gal). • 2. Drill type attachments, water-tight sealants at splicers and end caps per manufacturer's recommendations. PART 3 - EXECUTION • 3.1 EXAMINATION A. Examine substrates, with Installer present, for compliance with requirements for maximum moisture content and other conditions affecting performance of the Work. B. Verify that finishes of substrates comply with tolerances and other requirements specified in other Sections and that substrates are free of cracks, ridges, depressions, scale, and foreign deposits that might interfere with adhesion of resilient products. C. Proceed with installation only after unsatisfactory conditions have been corrected. D. Follow manufacturer's recommendations for installation for each type of base specified and installed. 3.2 PREPARATION A. Prepare substrates according to manufacturer's written instructions to ensure adhesion of resilient products. B. Concrete Substrates and Accessories: Prepare according to ASTM F 710. 1. Verify that substrates are dry and free of curing compounds, sealers, and hardeners. 2. Remove substrate coatings and other substances that are incompatible with adhesives and that contain soap, wax, oil, or silicone, using mechanical methods recommended by manufacturer. Do not use solvents. 3. Alkalinity and Adhesion Testing: Perform tests recommended by manufacturer. 4. Moisture Testing: Perform tests recommended by manufacturer. Proceed with installation only after substrates pass testing. WINCO STORE NO. 23 (Bakery Alcove) RESILIENT BASE AND ACCESSORIES 096513 - 3 } WINCO FOODS, LLC 01/14 C. Fill cracks, holes, and depressions in substrates with trowelable leveling and patching compound and remove bumps and ridges to produce a uniform and smooth substrate. D. Do not install resilient products until they are same temperature as the space where they are to be installed. 1. Move resilient products and installation materials into spaces where they will be installed at least 48 hours in advance of installation. E. Sweep and vacuum clean substrates to be covered by resilient products immediately before installation. 3.3 RESILIENT BASE INSTALLATION A. Comply with manufacturer's written instructions for installing resilient base. B. Apply resilient base to walls, columns, pilasters, casework and cabinets in toe spaces, and other permanent fixtures in rooms and areas where base is required. C. Install resilient base in lengths as long as practicable without gaps at seams and with tops of adjacent pieces aligned. D. Tightly adhere resilient base to substrate throughout length of each piece, with base in continuous contact with horizontal and vertical substrates. E. Do not stretch resilient base during installation. F. On masonry surfaces or other similar irregular substrates, fill voids along top edge of resilient base with manufacturer's recommended adhesive filler material. G. Preformed Corners: Install preformed corners before installing straight pieces. 3.4 RESILIENT ACCESSORY INSTALLATION A. Comply with manufacturer's written instructions for installing resilient accessories. B. Resilient Molding Accessories: Butt to adjacent materials and tightly adhere to substrates throughout length of each piece. Install reducer strips at edges of flooring that would otherwise be exposed. WINCO STORE NO. 23 (Bakery Alcove) RESILIENT BASE AND ACCESSORIES 096513 -4 WINCO FOODS, LLC 01/14 3.5 CLEANING AND PROTECTION A. Comply with manufacturer's written instructions for cleaning and protection of resilient products. B. Perform the following operations immediately after completing both resilient base and sanitary cove base product installation: 1. Remove adhesive and other blemishes from exposed surfaces. 2. Sweep and vacuum surfaces thoroughly. 3. Damp-mop surfaces to remove marks and soil. C. Protect resilient products from mars, marks, indentations, and other damage from construction operations and placement of equipment and fixtures during remainder of construction period. END OF SECTION 096513 WINCO STORE NO. 23 (Bakery Alcove) RESILIENT BASE AND ACCESSORIES 096513 - 5 WINCO FOODS, LLC 03/13 SECTION 099125 —INTERIOR REPAINTING PART 1 -GENERAL 1.1 SUMMARY A. Section Includes: All labor,materials,tools and other equipment,services and supervision required to complete all interior repainting work as indicated on Finish Schedules and to the full extent of the drawings and specifications or as directed by WinCo VP Construction or Construction Manager or other WinCo Personnel. B. Work under this Contract shall also include, but not necessarily be limited to: 1. Moisture testing of substrates if moisture presence in the substrate is obvious. 2. Surface preparation of substrates as required for acceptance of paint,including cleaning,small crack repair, patching, caulking, and making good surfaces and areas to the limits defined under MPI Repainting Manual Preparation requirements. a. Including condition of substrate and correction of defects and deficiencies in substrates as defined in the MPI Repainting Manual as referenced in the Preparation Section of this specification. 3. Specific pre-treatments noted herein or specified in the MPI Repainting Manual. 4. Sealing / priming surfaces for repainting in accordance with MPI Repainting Manual requirements. 5. Provision of safe and adequate ventilation as required over and above temporary ventilation supplied by others, where toxic and/or volatile/flammable materials are being used. 6. All equipment, material, labor, and services necessary for the completion of the work as described in the Contract Documents C. Refer to drawings and schedules (or direction given by WinCo Personnel) for type, location and extent of interior repainting required, and include all touch-ups necessary to complete work shown, scheduled or specified. D. Division 00, - General Conditions AIA 201 and - Supplementary Conditions and Division 1. General Requirements form an integral part of this Section of Work. The Painting contractor shall refer to these and all other related parts. E. Related Sections including the following: 1. Division 01 Section "Temporary Facilities and Controls" 2. Division 09 Section "Interior Painting"(new surfaces) 3. Division 09 Section "Exterior Painting" (new surfaces) 4. Division 09 Section "Exterior Repainting" 1.2 QUALITY ASSURANCE A. This Contractor shall have a minimum of five (5)years proven satisfactory experience and shall show proof before commencement of work that he will maintain a qualified crew of painters throughout the duration of the work. When requested, Contractor shall provide a list of the last WINCO STORE NO. 23 (Bakery Alcove) INTERIOR REPAINTING 099125 - 1 1 WINCO FOODS, LLC 03/13 three comparable interior repainting jobs including, name, location, specifying authority/project manager, start/completion dates and value of the work. 1. Only qualified journeypersons, as defined by local jurisdiction, shall be engaged in interior repainting work. Apprentices may be employed provided they work under the direct supervision of a qualified journeyperson in accordance with trade regulations. B. All materials,preparation and workmanship shall conform to the standards contained in the latest edition of the Master Painters Institute(MPI)Maintenance and Repainting Manual(herein referred - to as the MPI Repainting Manual) as issued by the local MPI Accredited Quality Assurance { Association having jurisdiction. I. All interior repainting work shall be inspected by the WinCo Construction Manager or Architect and shall be acceptable to the Construction Manager for final completion. C. All surfaces requiring repainting shall be inspected by the Painting Subcontractor who shall notify the WinCo Construction Manager or Contractor in writing of any defects or problems, prior to commencing repainting or after preparation work,if the defects are not obvious prior to preparation. 1. Where "special" coatings or decorating systems (i.e. textured coatings or non-MPI listed products or systems)are to be used in repainting,the paint manufacturer shall provide as part of this work, certification of all surfaces and conditions for specific paint or coating system application as well as on site supervision, inspection and approval of their paint or coating system application as required at no additional cost to the Owner. 1.3 REGULATORY REQUIREMENTS A. Conform to work place safety regulations for storage,mixing,application and disposal of all paint related materials to requirements of those authorities having jurisdiction. 1. Conform to safety precautions in accordance with the latest requirements to Industrial Health and Safety Regulations, latest edition, of authorities having jurisdiction. 2. To reduce the amount of contaminants entering waterways,sanitary/storm drain systems or into the ground the following procedures shall be strictly adhered to: a. Retain cleaning water for water-based materials to allow sediments to be filtered out. In no case shall equipment be cleaned using free draining water. b. Retain cleaners,thinners,solvents and excess paint and place in designated containers __ and ensure proper disposal. c. Return solvent and oil soaked rags used during painting operations for contaminant recovery, proper disposal, or appropriate cleaning and laundering. d. Dispose of contaminants in an approved legal manner in accordance with hazardous waste regulations. e. Empty paint cans are to be dry prior to disposal or recycling(where available). f. Close and seal tightly partly used cans of materials including sealant and adhesive containers and store protected in well ventilated fire-safe area at moderate temperature. 3. Where paint recycling is available, collect waste paint by type and provide for delivery to recycling or collection facility. WINCO STORE NO. 23 (Bakery Alcove) INTERIOR REPAINTING 099125 -2 WINCO FOODS, LLC 03/13 1.4 MOCK-UPS A. When requested by the Owner or Architect,prepare and repaint a designated interior surface,area, room or item to requirements specified herein, with specified paint or coating showing selected colors, gloss/sheen,texture and workmanship for review and approval. When approved, interior surface, area, room and/or items shall become acceptable standard of finish quality and workmanship for similar on-site repainting work. 1.5 SUBMITTALS A. Refer to Section 013300, for Submittal Procedures. B. Submit Product data sheets for each type of product indicated. C. Submit Material Safety Data Sheets (MSDS)as defined in Section 013300. D. Samples for Verification: For each type of paint system and in each color and gloss of top coat indicated. 1. Submit Samples on rigid backing, 8 inches (200 mm) square. 2. Step coats on Samples to show each coat required for system. 3. Label each coat of each Sample. 4. Label each Sample for location and application area. 1.6 DELIVERY, STORAGE AND HANDLING A. Deliver all painting materials in sealed, original labeled containers bearing manufacturer's name, brand name,type of paint or coating and color designation,standard compliance,materials content as well as mixing and/or reducing and application requirements. B. Store all paint materials in original labeled containers in a secure(lockable), dry,heated and well ventilated single designated area meeting the minimum requirements of both paint manufacturer and authorities having jurisdiction and at a minimum ambient temperature of 45° F (7° C). Only material used on this project to be stored on site. 1. Take all necessary precautionary and safety measures to prevent fire hazards and spontaneous combustion and to protect the environment from hazard spills. Materials that constitute a fire hazard (paints, solvents, drop clothes, etc.) shall be stored in suitable closed and rated containers and removed from the site on a daily basis. 1.7 PROJECT CONDITIONS A. Unless specifically pre-approved by the Owner and the applied product manufacturer, perform interior repainting work when interior ambient air and substrate temperatures are between 50°F and 95° F (10° and 35°C). B. Perform no interior repainting work unless adequate continuous ventilation and sufficient heating WINCO STORE NO. 23 (Bakery Alcove) INTERIOR REPAINTING 099125 - 3 WINCO FOODS, LLC 03/13 facilities are in place to maintain minimum ambient air and substrate temperatures for 24 hours before,during and after paint application. Provide supplemental ventilating and heating equipment if ventilation and heating from existing system is inadequate to meet minimum requirements. Because of moisture generation and potential fire hazard,the use of gas fired heating units is not advised,unless otherwise approved by the Owner/Consultant and authorities having jurisdiction. C. Test suspect surfaces(concrete,masonry,plaster and wood surfaces)for moisture and alkalinity as required. Conduct all moisture tests using a properly calibrated electronic Moisture Meter,except test concrete floors for moisture using a simple"cover patch test". The maximum moisture shall not exceed: 1. 12 %for concrete and masonry(clay and concrete brick/block). 2. 15%for wood. 3. 12 %for plaster and gypsum board. ^ D. Perform no repainting work without adequate lighting level provided on surfaces to be repainted. � Coordinate the Adequate lighting facilities with the Contractor. E. Apply paint only to dry, clean, and adequately prepared surfaces in areas where dust is no longer generated by construction activities such that airborne particles will not affect the quality of finished surfaces. 1.8 SCHEDULING A. Schedule interior repainting operations to prevent disruption of and by other trades when applicable. 1. Schedule interior repainting operations to prevent disruption of the customers and Owner's operations. 2. Repainting in occupied facilities to be carried out during hours in accordance with Owner's operating requirements (during slow hours). B. Phasing of work shall be in accordance with the requirements of Sections 011000—Summary. 1.9 GUARANTEE A. Furnish a two(2)year Painting Association Guarantee or a 100%two(2)year Maintenance Bond both in accordance with MPI Repainting Manual requirements. The Maintenance Bond shall be obtained from an approved bonding company and shall warrant that all repainting work has been performed in accordance with MPI Repainting Manual requirements. 1. The cost for either the Painting Association Guarantee or Maintenance Bond shall be included in the Base Bid Price. 1.10 MAINTENANCE MATERIALS A. At project completion provide [a minimum of[4 liters (1 gallon)] of each type and color of paint from same production run(batch mix)used in unopened cans, properly labeled and identified for Owner's later use in maintenance. Store where directed by WinCo Construction Manager. WINCO STORE NO. 23 (Bakery Alcove) INTERIOR REPAINTING 099125 -4 WINCO FOODS, LLC 03/13 PART 2 - PRODUCTS 2.1 MANUFACTURES A. Manufactures: Subject to compliance with requirements,provide products by one of the following: 1. Benjamin Moore&Co. 2. BLP Mobile Paint Manufacturing. 3. California Paints. 4. Columbia Paint&Coatings. 5. Dunn-Edwards Corporation. 6. Glidden Co. (The). 7. ICI Paints. 8. Kwal-Howells Paint. 9. Martin Semour Co. 10. Miller Paint, 11. O'Brien Paint Co. 12. PPG Architectural Finishes,Inc. 13. Pratt and Lambert Co. 14. Sherwin-Williams Company(The). r , 2.2 PAINT, GENERAL A. Material Compatibility: 1. Provide materials for use within each paint system that are compatible with one another and substrates indicated, under conditions of service and application as demonstrated by 1 manufacturer, based on testing and field experience. 2. For each coat in a paint system,provide products recommended in writing by manufacturers of topcoat for use in paint system and on substrate indicated. B. Chemical Components of Field-Applied Interior Paints and Coatings: Provide topcoat paints and anti-corrosive and anti-rust paints applied to ferrous metals that comply with the following chemical restrictions;these requirements do not apply to paints and coatings that are applied in a fabrication or finishing shop: 1. Aromatic Compounds: Paints and coatings shall not contain more than 1.0 percent by weight of total aromatic compounds (hydrocarbon compounds containing one or more benzene rings). 2. Restricted Components: Paints and coatings shall not contain any of the following: a. Acrolein. b. Acrylonitrile. c. Antimony. d. Benzene. e. Butyl benzyl phthalate. f. Cadmium. g. Di (2-ethylhexyl)phthalate. h. Di-n-butyl phthalate. i. Di-n-octyl phthalate. WINCO STORE NO. 23 (Bakery Alcove) INTERIOR REPAINTING 099125 - 5 WINCO FOODS, LLC 03/13 j. l,2-dichlorobenzene. k. Diethyl phthalate. 1. Dimethyl phthalate. m. Ethylbenzene. n. Formaldehyde. o. Hexavalent chromium. p. Isophorone. q. Lead. r. Mercury. s. Methyl ethyl ketone. t. Methyl isobutyl ketone. u. Methylene chloride. v. Naphthalene. w. Toluene(methylbenzene). x. 1,1,1-trichloroethane. y. Vinyl chloride. C. Colors: As indicated in color schedule on drawings. 2.3 BLOCK FILLERS A. Interior/Exterior Latex Block Filler: MPI#4. 1. VOC Content: E Range of E2, not more than 100 g/L. 2.4 PRIMERS/SEALERS A. Interior Latex Primer/Sealer: MPI#50. 1. VOC Content: E Range of E2-E3, not more than 100 g/L. B. Interior Wood Latex Primer: MPI #39. 1. VOC Content: E Range of E2, not more than 100 g/L. 2.5 METAL PRIMERS A. Rust Inhibitive Water Based Metal Primer: MPI #107. 1. VOC Content: E Range of E3, not more than 100 g/L. B. Water Based Galvanized Primer: MPI #134. 1. VOC Content: E Range of E2, not more than 100 g/L. - I WINCO STORE NO. 23 (Bakery Alcove) INTERIOR REPAINTING 099125 -6 WINCO FOODS, LLC 03/13 C. Water Based Bonding Primer: MPI #17. 1. VOC Content: E Range of E2-E3, not more than 100 g/L. 2.6 WOOD PRIMERS A. Interior Wood Latex Primer: MPI #39. 1. VOC Content: E Range of E2, not more than 100 g/L. 2.7 LATEX PAINTS A. Interior Latex(satin): MPI #43 (Gloss Level 4). 1. VOC Content: E Range of E2. B. Interior Latex(semigloss): MPI#54(Gloss Level 5). 1. VOC Content: E Range of E2-E3, not more than 100 g/L. C. Interior Water Based Light Industrial Coating(semigloss): MPI #153 (Gloss Level 5). 1. VOC Content: E Range of E2-E3, not more than 100 g/L. D. Interior Water Based Light Industrial Coating(gloss): MPI #154 (Gloss Level 6). 1. VOC Content: E Range of E3, not more than 150 g/L. 2.8 DRY FOG/FALL COATINGS A. Water Based Dry Fall (flat): MPI#133 (Gloss Level 1). 1. VOC Content: E Range of E3, not more than 150 g/L. 2.9 EPDXY PAINT A. Interior Epoxy-Modified Latex(gloss): MPI #115 (Gloss Level 6). 1. VOC Content: E Range of E2-E3, not more than 150 g/L. PART 3 - EXECUTION 3.1 EXAMINATION/CONDITION OF SURFACES WINCO STORE NO. 23 (Bakery Alcove) INTERIOR REPAINTING 099125 - 7 WINCO FOODS, LLC 03/13 A. Prior to commencement of repainting work,thoroughly examine (and test as required)all interior conditions and surfaces scheduled to be repainted with the Owners representative present and report in writing to the Owner, Contractor and Architect any conditions or surfaces that will adversely affect work of this section. B. The degree of surface deterioration(DSD)shall be assessed using the assessment criteria indicated in the MPI Maintenance Repainting Manual. In general the MPI DSD ratings and descriptions are as follows: Condition Description DSD-0 Sound Surface(may include visual (aesthetic)defects that do not affect film's protective properties). DSD-1 Slightly Deteriorated Surface(may show fading; gloss reduction, slight surface contamination,minor pin holes scratches, etc.)/Minor cosmetic defects (runs, sags, etc.). DSD-2 Moderately Deteriorated Surface(small areas of peeling, flaking, slight cracking, staining, etc.). DSD-3 Severely Deteriorated Surface(heavy peeling, flaking, cracking, checking, scratches, scuffs, abrasion, small holes and gouges). DSD-4 Substrate Damage(repair or replacement of surface required by Contractor). 1. Other than the repair of DSD-1 to DSD-3 defects included under this scope of work, structural and DSD-4 substrate defects discovered prior to and after surface preparation or after first coat of paint shall be replaced and/or repaired, prepped and sanded by the Contractor for acceptance by the Painting Applicator. The replacement/repair work by Contractor shall be paid for on the basis of a Change Order request by the Contractor. 2. No repainting work shall commence until all such DSD-4 adverse conditions and defects have been corrected and surfaces and conditions are acceptable to the Painting Applicator. The Painting Applicator shall not be responsible for the condition of the substrate or for correcting - defects and deficiencies in the substrate,which may adversely affect the painting work except for minimal work normally performed by the Painting Applicator and as,indicated herein. It shall always,however,be the responsibility of the Painting Applicator to see that surfaces are properly prepared before any paint or coating is applied. It shall also be the Painting Applicators responsibility to paint the surface as specified providing that the owner accepts responsibility for uncorrected DSD-4 substrate conditions. 3.2 PREPARATION A. Prepare all interior surfaces for repainting in accordance with MPI Repainting Manual requirements. Refer to the MPI Repainting Manual in regard to specific requirements for the following: 1. Environmental conditions. a. Examine substrates and conditions, with Applicator present, for compliance with requirements for maximum moisture content and other conditions affecting performance of work. WINCO STORE NO. 23 (Bakery Alcove) INTERIOR REPAINTING 099125 - 8 WINCO FOODS, LLC 03/13 b. Maximum Moisture Content of Substrates: When measured with an electronic moisture meter as follows: 1. Concrete: 12 percent. 2. Masonry(Clay and CMU): 12 percent. 3. Wood: 15 percent. 4. Gypsum Board: 12 percent. 5. Plaster: 12 percent. c. Clean substrates of substances that could impair bond of paints, including dirt, oil, grease, and incompatible paints and encapsulants. I. Remove incompatible primers and reprime substrate with compatible primers as required to produce paint systems indicated. 2. pH testing. 3. Acid etching. 4. Rust stain removal. 5. Mildew removal. 6. Vertical and horizontal concrete surfaces. a. Concrete Substrates: Remove release agents, curing compounds, efflorescence, and chalk. Do not paint surfaces if moisture content or alkalinity of surfaces to be painted exceeds that permitted in manufacturer's written instructions. 7. Concrete masonry units. a. Concrete Masonry Substrates: Remove efflorescence and chalk. Do not paint surfaces if moisture content or alkalinity of surfaces to be painted exceeds that permitted in manufacturer's written instructions. 8. Structural steel and miscellaneous metals. 9. Steel exposed to high heat. a. Steel Substrates: Remove rust and loose mill scale. Clean using methods recommended in writing by paint manufacturer. 10. Galvanized and zinc coated metal. a. Galvanized-Metal Substrates: Remove grease and oil residue from galvanized sheet metal fabricated from coil stock by mechanical methods to produce clean, lightly etched surfaces that promote adhesion of subsequently applied paints. 11. Aluminum and copper surfaces. 12. Glue laminated beams and columns. 13. Dimension and dressed lumber. 14. Wood doors. WINCO STORE NO. 23 (Bakery Alcove) INTERIOR REPAINTING 099125 -9 WINCO FOODS, LLC 03/13 15. Wood paneling and casework. a. Wood Substrates: 2. Scrape and clean knots, and apply coat of knot sealer before applying primer. 3. Sand surfaces that will be exposed to view, and dust off. 4. Prime edges, ends, faces, undersides, and backsides of wood. 5. After priming, fill holes and imperfections in the finish surfaces with putty or plastic wood filler. Sand smooth when dried. 16. Wood decks, floors, stairs and steps. 17. Stucco, plaster and gypsum board. a. Gypsum Board Substrates: Do not begin paint application until finishing compound is dry and sanded smooth. 18. Acoustical panels and tiles. 19. Canvas and cotton coverings. 20. Bituminous coated surfaces. B. Sand, clean, dry, etch, neutralize and/or test all surfaces under adequate illumination, ventilation and temperature requirements. C. Remove and securely store all miscellaneous hardware and surface fittings/fastenings (e.g. electrical plates, mechanical louvers, door and window hardware(e.g. hinges, knobs, locks, trim, frame stops), removable rating/hazard/ instruction labels, washroom accessories, light fixture trim, etc. from wall and ceiling surfaces, doors and frames, prior to repainting and replace upon completion. Carefully clean and replace all such items upon completion of repainting work in each area. Do not use solvent or reactive cleaning agents on items that will mar or remove finishes(e.g. lacquer finishes). Doors shall be removed before repainting to paint bottom and top edges and then re-hung. D. Protect all adjacent interior surfaces and areas, including rating and instruction labels on doors, frames, equipment, piping, etc., from repainting operations and damage by drop cloths, shields, masking, templates, or other suitable protective means and make good any damage caused by failure to provide such protection. 3.3 APPLICATION A. Do not commence repainting unless substrates are acceptable and until all environmental conditions(heating,ventilation, lighting and completion of other subtrade work, if applicable) are acceptable for applications of products and painting applicator accepts the substrate if repair work has been completed by Contractor. 1. Apply primer,paint or stain in a workmanlike manner using skilled and trade qualified applicators as noted under Quality Assurance. WINCO STORE NO. 23 (Bakery Alcove) INTERIOR REPAINTING 099125 - 10 WINCO FOODS, LLC 03/13 B. Apply primer, paint or stain within an appropriate time frame after cleaning when environmental conditions encourage flash-rusting, rusting, contamination or the manufacturer's paint specifications require earlier applications. 1. Primer, paint or stain coats specified are intended to cover surfaces satisfactorily when applied at proper consistency and in accordance with manufacturer's recommendations. C. Sand and dust between each coat to provide an anchor for next coat and to remove defects in previous coat(runs, sags, etc.)visible from a distance up to 1000 mm(39"). 1. Do not apply finishes on interior surfaces that are not sufficiently dry. Unless manufacturer's directions state otherwise,each coat shall be sufficiently dry and hard before a following coat is applied. 2. To avoid air entrapment in applied coats, apply materials in strict accordance with manufacturer's spread rates and application requirements. 3.4 MECHANICAL/ELECTRICAL EQUIPMENT A. Unless otherwise noted, repainting shall also include exposed to view / previously painted mechanical and electrical equipment and components(panels,conduits,piping,hangers,ductwork, etc.)as noted on the Contract Documents. 1. Touch up scratches and marks and repaint such mechanical and electrical equipment and components with colour, and sheen finish to match existing unless otherwise noted or scheduled. 2. Do not paint over name plates or instruction labels. 3. Leave unfinished exposed conduits, piping, hangers, ductwork and other mechanical and electrical equipment in original finish. B. Keep repainted sprinkler heads free of paint. C. Do not paint interior transformers and substation equipment. 3.5 FIELD QUALITY CONTROL/STANDARD OF ACCEPTANCE A. All surfaces,preparation and paint applications shall be inspected by WinCo Construction Manager. B. Repainted interior surfaces shall be considered to lack uniformity and soundness if any of the following defects are apparent to the WinCo Construction Manager or Architect. 1. brush/roller marks, streaks, laps, runs,sags,drips,heavy stippling,hiding or shadowing by inefficient application methods, skipped or missed areas, and foreign materials in paint coatings. 2. evidence of poor coverage at rivet heads,plate edges,lap joints,crevices,pockets,corners and re-entrant angles. 3. damage due to touching before paint is sufficiently dry or any other contributory cause. WINCO STORE NO. 23 (Bakery Alcove) INTERIOR REPAINTING 099125 - 11 WINCO FOODS, LLC 03/13 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.). 1 C. Repainted interior surfaces shall be considered unacceptable if any of the following are evident under final lighting source conditions: I. visible defects are evident on vertical surfaces when viewed at 90 degrees to the surface from a distance of 1000 mm(39"). 2. visible defects are evident on horizontal surfaces when viewed at 45 degrees to the surface from a distance of 1000 mm(39"). 3. visible defects are evident on ceiling surfaces when viewed at 45 degrees to the surface. 4. when the final coat on any surface exhibits a lack of uniformity of sheen across full surface area. D. Repainted surfaces rejected by the Construction Manager or Architect shall be made good at the expense of the Contractor. Small affected areas may be touched up; large affected areas or areas without sufficient dry film thickness of paint shall be repainted. Runs,sags of damaged paint shall be removed by scraper or by sanding prior to application of paint. 3.6 CLEANING AND PROTECTION A. Protect all newly painted exterior surfaces from rain and snow,condensation,contamination,dust, salt spray and freezing temperatures until paint coatings are completely dry. Curing periods shall exceed the manufacturer's recommended minimum time requirements. B. Erect barriers or screens and post signs to warn, limit or direct traffic away or around work area as required. C. Remove all paint where spilled,splashed,splattered or sprayed as work progresses using means and materials that are not detrimental to affected surfaces. D. Keep work area free from an unnecessary accumulation of tools,equipment, surplus materials and debris. E. Remove combustible rubbish materials and empty paint cans each day and safely dispose of same in accordance with requirements of authorities having jurisdiction. F. Clean equipment and dispose of wash water/solvents as well as all other cleaning and protective materials(e.g.rags,drop cloths,masking papers,etc.),paints,thinners,paint removers/strippers in accordance with the safety requirements of authorities having jurisdiction. G. At end of each workday, remove rubbish, empty cans, rags, and other discarded materials from Project site. H. After completing paint application,clean spattered surfaces. Remove spattered paints by washing, scraping, or other methods. Do not scratch or damage adjacent finished surfaces. WINCO STORE NO. 23 (Bakery Alcove) INTERIOR REPAINTING 099125 - 12 WINCO FOODS, LLC 03/13 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 the Construction Manager or Architect, and leave in an undamaged condition. J. At completion of construction activities of other trades,touch up and restore damaged or defaced painted surfaces. 3.7 INTERIOR REPAINTING SCHEDULE A. CMU Substrates: 1. Latex System: MPI RIN 4.2A. a. Prime Coat: Interior latex touchup, spot prime matching top coat or interior/exterior latex block filler(If required over new substrate). b. Intermediate Coat: Interior latex matching topcoat. c. Topcoat: Interior latex, Gloss Level 4 (satin) (verify to match existing sheen if required). B. Steel Substrates: 1. Water Based Dry-Fall System: MPI RIN 5.1C. (WITHOUT PRIMER) a. One coat: Water based dry fall, Gloss Level 1 (flat). 2. Water Based Light Industrial Coating System: MPI RIN 5.1B. a. Prime Coat: Water based light industrial touch up or rust inhibitive water based metal primer(if required over new substrate). b. Intermediate Coat: Interior water based light industrial coating matching topcoat. c. Topcoat: Interior water based light industrial coating, Gloss Level 6 (gloss). 3. Water Based Light Industrial Coating System: MPI RIN 5.1B (over existing alkyd system). a. Prime Coat: Water based bonding primer. b. Intermediate Coat: Interior water based light industrial coating matching top coat. c. Top Coat: Interior water based light industrial coating, Gloss Level 6 (gloss). C. Galvanized-Metal Substrates: 1. Water Based Light Industrial Coating System: MPI RIN 5.3B. a. Prime Coat: Water based light industrial touch up or rust inhibitive water based galvanized primer(if required over new substrate). b. Intermediate Coat: Interior water based light industrial coating matching topcoat. c. Topcoat: Interior water based light industrial coating, Gloss Level 5 (semigloss). 2. Water Based Light Industrial Coating System: MPI RIN 5.3B(over existing alkyd system). a. Prime Coat: Water based bonding primer. b. Intermediate Coat: Interior water based light industrial coating matching top coat. c. Top Coat: Interior water based light industrial coating, Gloss Level 5 (gloss). WINCO STORE NO. 23 (Bakery Alcove) INTERIOR REPAINTING 099125 - 13 WINCO FOODS, LLC 03/13 D. Dressed Lumber Substrates: I. Latex System: MPI RIN 6.3U. a. Prime Coat: Interior latex touch up or interior wood latex primer(if required over new substrate). b. Intermediate Coat: Interior latex matching topcoat. c. Topcoat: Interior latex, Gloss Level 5 (semigloss). 2. Latex System: MPI RIN 6.3U (over existing alkyd system). a. Prime Coat: Water based bonding primer. b. Intermediate Coat: Interior latex matching top coat. c. Top Coat: Interior latex, Gloss Level 5 (semigloss). E. Wood Panel Substrates: (Including painted plywood and MDF.) 1. Latex System: MPI RIN 6.4T. a. Prime Coat:Interior latex touch up or interior wood latex primer(if required over new substrate). b. Intermediate Coat: Interior latex matching topcoat. c. Topcoat: Interior latex, Gloss Level 5 (semigloss). 2. Latex System: MPI RIN 6.4T(over existing alkyd system). a. Prime Coat: Water based bonding primer. b. Intermediate Coat: Interior latex matching top coat. c. Top Coat: Interior latex, Gloss Level 5 (gloss). F. Gypsum Board Substrates: 1. Latex System: MPI RIN 9.2A. a. Prime Coat: Interior latex touch up or interior latex primer/sealer(if required over - new substrate). b. Intermediate Coat: Interior latex matching topcoat. c. Topcoat: Interior latex, Gloss Level 4(satin). 2. Epoxy-Modified Latex System: MPI RIN 9.2E. — a. Prime Coat: Interior epoxy-modified latex touch up,spot prime matching top coat or interior latex primer/sealer(if required over new substrate). b. Intermediate Coat: Interior epoxy-modified latex matching top coat. c. Topcoat: Interior epoxy-modified latex Gloss Level 6 (gloss). END OF SECTION 099125 WINCO STORE NO. 23 (Bakery Alcove) INTERIOR REPAINTING 099125 - 14 WINCO FOODS LLC 07/15 SECTION 236395 — REFRIGERATION INSTALLATION — APPENDIX A — INSTALLATION CONTRACTORS PART l —GENERAL 1.1 GENERAL CONTRACTOR REQUIREMENTS A. This is a list of pre-approved contractors that is subject to change. Project specific bidder list must be approved by Owner. General Contractor must verify availability of these contractors for each specific project prior to bid. General Contractor may be aware of other contractors capable of performing this scope. Any contractors not on this list must be specifically approved by Owner prior to bid solicitation. B. For small projects, in addition to these contractors, it may be appropriate to provide the servicing contractor with an opportunity to bid. Contact Owner for further guidance. Servicing Contactor: Plumbing&Mechanical Contractors Group PART 2—INSTALLATION CONTRACTORS BY DIVISION 1.2 NORTHWEST DIVISION A. Plumbing &Mechanical Contractors Group (OR) Attn: Todd Shippen 2000 SE Hanna Harvester Drive Milwaukie, OR 97222 Office: (503) 656-7400 Mobile: (503) 806-1919 Email: tshippen @pmc-g.com WINCO STORE NO. 23 236395 - 1 REFRIGERATION INSTALLATION—APPENDIX A WINCO FOODS LLC 07/15 236395 —REFRIGERATION INSTALLATION SPECIFICATIONS PART l - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. B. Specification 019115—Refrigerant Compliance Plan C. Appendix A—Installation Contractors 1.2 SUMMARY A. This Section includes: 1. Contractor requirements for work performed on refrigeration systems. 2. Piping, Products, Insulation Installation, and Material Requirements. 3. Equipment Warranty and Preventive Maintenance 4. Equipment Installation and Start-up. B. Refrigeration Contractor to provide labor, materials, equipment, items, articles, operations and methods listed, shown, scheduled, or mentioned on the drawings, and/or specified, including all incidentals required for their completion. C. Refrigeration Contractor to perform all work with in-house personnel. The Refrigeration Contractor is not permitted to subcontract the entirety of the works or divide up the works and subcontract out pieces of the works. Such subcontracting or dividing up will be regarded as "transferring the works," and transfer of contract works is forbidden. D. The Refrigeration Contractor is responsible for installation of a satisfactory and complete piece of work in accordance with true intent of the drawings and specifications. E. Refrigeration Contractor to have at least one technician at the store during Opening as well as p F. the day following Opening between the hours of 7:00 AM to 7:00 PM. G. All materials and equipment shall be new, approved by the governing authority, and be in undamaged condition when installed. H. Refrigeration Contractor to arrange for and obtain all permits and approvals required for the execution of the work. I. If, at any time, and in any case, changes in location of piping, equipment, etc., becomes necessary due to existing obstacles or installation of other trades shown on any of the project drawings and such conflict could have been avoided by proper coordination between trades or WINCO STORE NO. 23 236395 - 1 REFRIGERATION INSTALLATION WINCO FOODS LLC 07/15 proper pre-planning of work, such required changes shall be made by the Refrigeration Contractor at no extra cost. J. Cutting, patching and repairing required by the work of this specification shall be the responsibility of the Refrigeration Contractor. K. At the completion of the project, the Refrigeration Contractor is responsible for providing an owner's manual binder including mechanical and refrigeration equipment, along with - mounting a full size copy of the following Refrigeration drawings on the wall of the Refrigeration Compressor room: R1, R4, R5, and BMS3. Drawings are to be mounted in a frame with a Plexiglas cover. Contact the project engineer for a clean copy of the As-Built print for mounting. L. At the completion of the project, the Refrigeration Contractor is responsible for providing a blank maintenance log that is to be kept in the compressor room. M. All work performed hereunder by Refrigeration Contractor or any of its employees or agents that could be expected to release refrigerants into the atmosphere shall be done by a certified technician with certified equipment pursuant to and in compliance with all laws, rules, codes and regulations including, without limitation, the Clean Air Act(and similar laws) and all other environmental laws, rules and regulations. N. Comply with ASHRAE 15, "Safety Code for Refrigeration Systems." O. Comply with ASME B31.5, "Refrigeration Piping and Heat Transfer Components." 1.3 SUBMITTALS A. Product Data: For each type of product indicated. B. Field quality-control test reports. C. Start-up/Commissioning Forms 1.4 INSURANCE A. The Refrigeration Contractor is required to maintain Commercial General Liability insurance coverage in the amount of not less than $2,000,000.00 for any one accident. The Refrigeration Contractor is required to indemnify, defend, and hold harmless to Owner for any liability loss, or injury; arising out of the conduct of work by the Refrigeration Contractor, its agents, or employees in a form negating any subrogation rights against Owner by the Refrigeration Contractor's insurance carrier. 1.5 PRODUCT STORAGE AND HANDLING A. Store piping and components in a clean and protected area with end caps and wrappings in place to ensure that interior and exterior are clean when installed. WINCO STORE NO. 23 236395 -2 REFRIGERATION INSTALLATION WINCO FOODS LLC 07/15 B. The refrigerated fixtures including evaporator coils, compressor rack units, cases, and condensers will be received, unloaded, and set in place by the Refrigeration Contractor. Refrigeration Contractor is to assume responsibility for safekeeping of all refrigeration equipment. PART 2 - PRODUCTS 2.1 PIPE, TUBE, AND FITTINGS • A. Copper Tube: ASTM B 280, Type ACR, L or K as required by the pressure service. 1. Exception: Refrigeration systems charged with R410A use the following tubing guidelines: a. Suction Lines: 1) Line sizes equal to or smaller than 2-5/8" OD, ASTM B 280 Type L or ACR. 2) Suction lines larger than 2-5/8" OD, ASTM B 280 Type K. b. Liquid Line and Discharge Lines: 1) Line sizes equal to or smaller than 1-3/8" OD, ASTM B 280 Type L or ACR. 2) Discharge lines larger than 1-3/8" OD, ASTM B 280 Type K. B. Wrought-Copper Fittings: ASME B 16.22. C. Solder Filler Metals: ASTM B 32. Use 95-5 Tin Antimony or Alloy FIB solder to join copper socket fittings on copper pipe. D. Brazing Filler Metals: AWS A5.8. 2.2 INSULATION MATERIALS A. Fire-Test-Response Characteristics: Insulation and related materials shall have flame-spread index of 25 or less, and smoke-developed index of 50 or less, as determined by a testing and inspecting agency acceptable to authorities having jurisdiction. Factory label insulation,jacket materials, adhesive, mastic, tapes, and cement material containers, with appropriate markings of applicable testing and inspecting agency. B. Flexible Elastomeric: Closed-cell, sponge- or expanded-rubber materials. Comply with ASTM C 534,Type I for tubular materials and Type II for sheet materials. 1. Products: Subject to compliance with requirements, provide one of the following: WINCO STORE NO. 23 236395 - 3 REFRIGERATION INSTALLATION WINCO FOODS LLC 07/15 } a. Aeroflex USA Inc.; Aerocel. b. Armacell LLC;AP Armaflex. c. RBX Corporation; Insul-Sheet 1800 and Insul-Tube 180. C. Mineral-Fiber, Pipe and Tank Insulation: Mineral or glass fibers bonded with a thermosetting resin. Semirigid board material with factory-applied [ASJ All Service Jacket] complying with ASTM C 1393, Type II or Type IIIA Category 2, or with properties similar to ASTM C 612, Type lB. Nominal density is 2.5 lb/cu. ft. or more. Thermal conductivity (k-value) at 100 deg F is 0.29 Btu x in./h x sq. ft. x deg F or less. 1. Products: Subject to compliance with requirements, available products that may be incorporated into the Work include,but are not limited to, the following: a. CertainTeed Corp.; CrimpWrap. b. Johns Manville; MicroFlex. c. Knauf Insulation; Pipe and Tank Insulation. d. Owens Corning; Fiberglas Pipe and Tank Insulation. D. Refrigerant Suction Piping: 1 inch thick Flexible Elastomeric E. Refrigerant Liquid Piping: ' inch thick Flexible Elastomeric F. Refrigerant Hot-Gas Piping for Heat Reclaim: Mineral Fiber with ASJ 1" inch thick for pipes 1-1/2"and smaller. 2"thick for pipes larger than 1-1/2". G. Refrigerant Hot-Gas Piping to condenser: Insulation not required. 2.3 ADHESIVES A. Flexible Elastomeric and Polyolefin Adhesive: Comply with MIL-A-24179A, Type II, Class I. 1. Products: Subject to compliance with requirements,provide one of the following: a. Aeroflex USA Inc.; Aeroseal. b. Armacell LCC; 520 Adhesive. c. Foster Products Corporation, H. B. Fuller Company; 85-75. d. RBX Corporation; Rubatex Contact Adhesive. 2.4 VALVES AND SPECIALTIES A. Packed-Angle Valves: 1. Body and Bonnet: Forged brass or cast bronze. 2. Packing: Molded stem,back seating,and replaceable under pressure. 3. Operator: Rising stem. 4. Seat: Nonrotating, self-aligning polytetrafluoroethylene. 5. Seal Cap: Forged-brass or valox hex cap. 6. End Connections: Socket, union,threaded, or flanged. - WINCO STORE NO. 23 236395 -4 REFRIGERATION INSTALLATION WINCO FOODS LLC 07/15 7. Working Pressure Rating: 500 psig. 8. Maximum Operating Temperature: 275 deg F. B. Check Valves: 1. Body: Ductile iron, forged brass, or cast bronze; globe pattern. 2. Bonnet: Bolted ductile iron, forged brass, or cast bronze; or brass hex plug. 3. Piston: Removable polytetrafluoroethylene seat. 4. Closing Spring: Stainless steel. 5. Manual Opening Stem: Seal cap,plated-steel stem, and graphite seal. 6. End Connections: Socket, or threaded. 7. Maximum Opening Pressure: 0.50 psig. 8. Working Pressure Rating: 500 psig. 9. Maximum Operating Temperature: 275 deg F. C. Service Valves: 1. Body: Forged brass with brass cap including key end to remove core. 2. Core: Removable ball-type check valve with stainless-steel spring. 3. Seat: Polytetrafluoroethylene. 4. End Connections: Copper spring. 5. Working Pressure Rating: 500 psig. D. Solenoid Valves: Comply with ARI 760 and UL 429; listed and labeled by an NRTL. 1. Body and Bonnet: Brass or Plated steel. 2. Solenoid Tube, Plunger, Closing Spring, and Seat Orifice: Stainless steel. 3. Seat: Polytetrafluoroethylene. 4. End Connections: Extended socket 5. Electrical: Molded, watertight coil in NEMA 250 enclosure of type required by location. 6. Working Pressure Rating: 400 psig. 7. Maximum Operating Temperature: 240 deg F. 8. Manual operator. E. Safety Relief Valves: Comply with ASME Boiler and Pressure Vessel Code; listed and labeled by an NRTL. 1. Body and Bonnet: Ductile iron and steel, with neoprene 0-ring seal. 2. Piston, Closing Spring, and Seat Insert: Stainless steel. 3. Seat Disc: Polytetrafluoroethylene. 4. End Connections: Threaded. F. Thermostatic Expansion Valves: Comply with ARI 750. 1. Body,Bonnet, and Seal Cap: Forged brass or stainless steel. 2. Diaphragm, Piston, Closing Spring, and Seat Insert: Stainless steel. 3. Packing and Gaskets: Non-asbestos. 4. Capillary and Bulb: Copper tubing filled with refrigerant charge. 5. End Connections: Socket. WINCO STORE NO. 23 236395 - 5 REFRIGERATION INSTALLATION J WINCO FOODS LLC 07/15 G. Moisture/Liquid Indicators: -� 1. Body: Forged brass. 2. Window: Replaceable, clear, fused glass window with indicating element protected by filter screen. 3. Indicator: Color coded to show moisture content in ppm. 4. Minimum Moisture Indicator Sensitivity: Indicate moisture above 60 ppm. 5. End Connections: Socket H. Replaceable-Core Filter Dryers: Comply with ARI 730. 1. Body and Cover: Painted-steel shell with ductile-iron cover, stainless steel screws, and neoprene gaskets. 2. Filter Media: 10 micron,pleated with integral end rings; stainless steel support. 3. Desiccant Media: Activated alumina. 4. End Connections: Socket. 5. Access Ports: NPS 1/4 connections at entering and leaving sides for pressure differential measurement. I. Permanent Filter Dryers: Comply with ARI 730. 1. Body and Cover: Bronze or Painted-steel shell. 2. Filter Media: 10 micron,pleated with integral end rings; stainless steel support. 3. Desiccant Media: Activated alumina. 4. End Connections: Socket. 5. Access Ports: NPS 1/4 connections at entering and leaving sides for pressure differential measurement. 2.5 REFRIGERANTS A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: J l. Atofina Chemicals, Inc. 2. DuPont Company; Fluorochemicals Div. 3. Honeywell, Inc.; Genetron Refrigerants. 4. INEOS Fluor Americas LLC. B. ASHRAE 34,R-407A,R-407C, R-134a 2.6 OIL A. Polyol ester lubricant per compressor manufacturer's recommendations. Brand to be Copeland, Mobil EAL, ICI EMKARATE, or Thermal Zone. WINCO STORE NO. 23 236395 - 6 REFRIGERATION INSTALLATION WINCO FOODS LLC 07/15 2.7 POWER SUPPLIES A. Transformers with Class 2 current-limiting type or overcurrent protection; limit connected loads to 80 percent of rated capacity. DC power supply shall match output current and voltage requirements and be full-wave rectifier type. 2.8 PIPING APPLICATIONS A. Suction, Discharge and Liquid Lines NPS 2 to NPS 4: Copper, Type ACR, drawn-temper tubing and wrought-copper fittings with brazed joints. B. Suction, Discharge and Liquid Lines NPS 1-1/2 and Smaller: Copper, Type ACR, drawn- temper tubing or annealed temper and wrought-copper fittings with brazed joints. C. Safety-Relief-Valve Discharge Piping: Copper, Type L, drawn-temper tubing and wrought- copper fittings with soldered joints. D. Condensate Drain Lines: Subject to local code, Copper, Type M or L, drawn-temper tubing and wrought-copper fittings with soldered joints where visible or subject to mechanical damage. Schedule 40 PVC with glued joints where drains are concealed. 2.9 PIPE JOINT CONSTRUCTION A. Soldered Joints: Construct joints according to ASTM B 828 or CDA's "Copper Tube Handbook." B. Brazed Joints: Construct joints according to AWS's "Brazing Handbook," Chapter "Pipe and Tube." 1. Use Type BcuP, copper-phosphorus alloy with 15% minimum silver content for joining copper socket fittings with copper pipe. 2.10 REAMING A. Ream all cut tube ends to the full inside diameter of the tube to remove the small burr created by the cutting operation. B. Remove any burrs on the outside of the tube ends, created by the cutting operation, to ensure proper entrance of the tube into the fitting cup. 2.11 HANGERS AND SUPPORTS A. Install hangers for copper tubing with the following maximum spacing and minimum rod sizes: 1. NPS 5/8 or less: Maximum span, 60 inches; minimum rod size, 1/4 inch. 2. NPS 7/8 to 1-1/8: Maximum span, 72 inches; minimum rod size, 1/4 inch. 3. NPS 1-3/8 and larger: Maximum span, 96 inches; minimum rod size, 3/8 inch. WINCO STORE NO. 23 236395 -7 REFRIGERATION INSTALLATION WINCO FOODS LLC 07/15 B. Commercial grade nylon stop nuts are to be used on all clamps. Support channels shall be "Unistrut" P-4000 or heavier. Pipe cradles to be"Insuguard"saddles or approved equivalent. PART 3 -WARRANTY 3.1 WARRANTY A. If any part or piece of equipment is found to be defective or supplied with improper or malfunctioning components, it is the responsibility of the Refrigeration Contractor to secure and install a replacement from manufacturer without charge to Owner. B. Special Warranty: 1. The Refrigeration Contractor agrees to repair or replace components which fail in materials or workmanship within 12 months from date of substantial completion. Refrigeration Contractor to provide all necessary labor, materials, refrigerant, and incidental expenses to maintain proper operating temperatures required by the store and equipment manufacturers. Copies of all work orders performed during warranty periods shall be sent to the store. Contractor to review Specification 019115, for additional requirements regarding paperwork pertaining to refrigerant use and leak repairs. 2. For 12 months from date of Substantial Completion the Refrigeration Contractor will receive automatic email alarms from the control system. During this time the Refrigeration Contractor is responsible for 24 hour monitoring of all refrigeration alarms and responding as required to maintain overall condition and operation of the entire system in accordance with store requirements and Contract Documents. C. During the first year the Refrigeration Contractor shall schedule 4 service visits for preventative maintenance. These 4 visits shall be scheduled at 3, 6, 9 and 11 '/s months after the Substantial Completion. During these visits, checks should be made of all operational systems that are necessary to keep the refrigeration systems running without problems. Any deficiencies noted should be corrected immediately. The checks should include the following items: 1. Overall condition and operation of the entire system and correct any problems noted. a. Check that all compressors and condenser fan motors and their associated controls are operating properly and that no safeties are tripped. b. If any safeties are found to be tripped, identify and correct the root cause of the trip before resetting the control. 2. Control settings, system functioning, and operating sequence and verify that no changes to setpoints have been made since startup. 3. Leak check entire store for refrigerant leaks. i WINCO STORE NO. 23 236395 - 8 -I' REFRIGERATION INSTALLATION WINCO FOODS LLC 07/15 a. Complete forms as required by Specification 019115 — Refrigerant Compliance Plan and submit to Owner's representative(s) within the specified timeframes. 4. Inspect all cooler/freezer and condenser coils and clean if necessary. a. The condenser coil is to be cleaned on the visit that falls closest to June 1st. 5. Check operation of all fans and blowers. Check belts and replace if necessary. 6. Lubricated condenser bearings (Evaporative condenser only). • 7. Clean compressor room(s). 8. Each Preventative Maintenance Visit shall include sufficient time to ensure that the refrigeration systems are operating problem free and will continue to operate that way, but in no case shall it be less than 2 full days. 9. Copies of all work orders including a checklist and work completed during each preventative maintenance visit shall be sent to the store. D. If the Refrigeration Contractor does not have a service company within a 60-mile radius of the project, another service company may be hired for this period at the Refrigeration Contractor's expense with the prior approval by Owner. Owner retains all rights of approval of said service company. E. The Refrigeration Installing Contractor shall be required to respond within 3 hours to a notice of equipment failure, to identify the problem, and to notify the National Accounts representative of the required action needed and coordinate the delivery of parts as needed. PART 4-REFRIGERATION INSTALLATION 4.1 EQUIPMENT INSTALLATION-COMMON REQUIREMENTS A. Install all equipment according to manufacturer recommendations and installation guidelines. B. Install equipment level, plumb, parallel, and perpendicular to other building systems and components in exposed interior spaces, unless otherwise indicated. Install units firmly anchored in locations indicated; maintain manufacturer's recommended clearances. C. Install equipment to facilitate service, maintenance, and repair or replacement of components. Connect equipment for ease of disconnecting, with minimum interference to other installations. Extend grease fittings to accessible locations. D. Install equipment to allow right of way for piping installed at required slope. E. All refrigerated case, cooler and freezer coil drain lines are to be included as part of this specification. WINCO STORE NO. 23 236395 - 9 REFRIGERATION INSTALLATION WINCO FOODS LLC 07/15 4.2 PIPING AND INSULATION INSTALLATION A. Install refrigerant piping according to ASHRAE 15 Standards. B. Oil management is to be thoroughly reviewed when connecting branch lines to main runs. Refrigerant liquid lines are to come off the bottom of mains. Suction lines to enter the top of mains with an inverted trap. C. Refrigerant lines shall be run as tight as possible to bottom of roof structure. D. Install piping in concealed locations and in manners protected from damage unless otherwise indicated and except in equipment rooms and service areas. E. Install piping at right angles or parallel to building walls. Diagonal runs are prohibited unless specifically indicated otherwise. F. Install piping above accessible ceilings to allow sufficient space for ceiling panel removal. G. Install piping adjacent to machines to allow service and maintenance. 1 H. Arrange piping to allow inspection and service of refrigeration equipment. Install valves and specialties in accessible locations to allow for service and inspection. I. Install piping free of sags and bends. J. Install fittings for changes in direction and branch connections. Secure pipe hangers within two feet on each side of 90 degree fitting. K. Arrange piping to allow inspection and service of refrigeration equipment. Install valves and specialties in accessible locations to allow for service and inspection L. Install refrigerant piping in protective conduit(PVC Sleeve)where installed below ground. M. Install pipe sleeves at penetrations in exterior walls and floor assemblies. N. Slope refrigerant piping as follows: 1. Install horizontal hot-gas discharge piping with a uniform slope downward away from compressor. 2. Install horizontal suction lines with a uniform slope of downward to compressor. 3. Install traps to entrain oil at the base of all vertical risers. 4. When brazing or soldering, remove solenoid-valve coils and sight glasses; also remove valve stems, seats, and packing, and accessible internal parts of refrigerant specialties. Do not apply heat near expansion-valve bulb. O. Nitrogen gas shall flow through the piping being welded to prevent scaling during the welding operation. P. Seal pipe penetrations through exterior walls with hardening foam sealant. j Q. Seal penetrations through fire and smoke barriers with UL listed fire stopping assembly. WINCO STORE NO. 23 236395 - 10 REFRIGERATION INSTALLATION WINCO FOODS LLC 07/15 R. Identify refrigerant piping and valves according to subsequent and related sections. S. Install piping with adequate clearance between pipe, and adjacent walls, and hangers, or and between pipes for insulation installation. T. Install sleeves through floors, walls, and ceilings, sized to permit installation of full-thickness insulation. U. Install insulation with tight longitudinal seams and end joints. Bond seams and joints with adhesive recommended by insulation material manufacturer. V. Insulation Installation on Pipe Fittings and Elbows: 1. Install mitered sections of pipe insulation. 2. Secure insulation materials and seal seams with manufacturer's recommended adhesive to eliminate openings in insulation that allow passage of air to surface being insulated. W. Tests and Inspections: 1. Comply with ASME B31.5, Chapter VI. 2. Test refrigerant piping and specialties. Isolate compressor, condenser, evaporator and safety devices from test pressure if they are not rated above the test pressure. 3. Test high-pressure and low-pressure side piping of each system separately. 4. Fill system with nitrogen to the required test pressure. 5. System shall maintain test pressure at the manifold gage throughout duration of test. 6. Test joints and fittings with electronic leak detector or by brushing a small amount of soap and glycerin solution over joints. When a leak is discovered, re-pipe leaking joints using new materials and re-test until satisfactory results are achieved. 7. Upon completion of work, remove materials, scraps, etc., relative to this work and leave the premises in a clean and orderly condition. This applies equally to finished, unfinished and concealed spaces. 8. Complete forms as required by Specification 019115 —Refrigerant Compliance Plan and submit to Owner's representative(s) within the specified timeframes. 4.3 REFRIGERATED CASES A. CASE/COIL EXAMINATION 1. Examine areas and conditions, with Installer present, for compliance with requirements for installation tolerances and other conditions affecting performance of the Work. 2. Manufacturer's Field Service: A National Account representative shall be present at the job site when cases are received to inspect, review installation requirements with installing contractor and handle initial warranty parts replacement. 3. The name and contact information of the National Account representative shall be provided to the Owner, owner's representatives, and installing contractor. The National Account representative shall have the authority within the supplier's organization to act on behalf of the Owner to fulfill the requirements of these specifications. B. CASE/COIL INSTALLATION WINCO STORE NO. 23 236395 - 11 REFRIGERATION INSTALLATION WINCO FOODS LLC 07/15 1. The extent of the installation of the refrigerated case work is indicated by plans, schedules, and requirements of this Section, and is hereby defined to include (but not by way of limitation) fans and motors, cooling coils, drain pan, thermal insulation, shelving, and other miscellaneous components specified in the related documents. a. Refrigerated Cases are supplied to Job Site by Owner. b. The Contractor shall contact Supplier and verify Project and equipment requirements within one week after execution of Contract. c. The Contractor shall be responsible for the following: 1) Receiving and off-loading cases. -J 2) Placing cases in locations shown on drawings and securing in place. 2. Refrigerated cases shall be set and leveled with all joints properly sealed and pulled together as tight as possible. Only metal shims are accepted. 3. Check thermostatic expansion valve installation. Verify bulb is secured to clean, horizontal section of suction line. 4. The Refrigeration Contractor is responsible for installing trim, and setting shelves. 5. No case frame or bracing shall be cut to accommodate improperly located stub-ups without specific written approval from Owner. 1 6. Connect refrigerant piping to evaporator outlet with p-trap. 7. Installation of suction lines in a bullhead configuration is not permitted. 8. Refrigeration Contractor to furnish and install PVC or copper drain lines for cases. Verify and comply with state and local code requirements for piping material and installation procedures. Maintain minimum case manufacture slope recommendations. 9. Board terminations to cases are to be matched to the case ID numbers shown on sheet RI. 10. Refrigeration Contractor to furnish labels for all walk-in boxes and cases. Labels shall be 1-1/2" wide X 3/4" high. Letters engraved through white face to black core shall be 3/8" height. Labels shall be 1/16" thick and have hole at each end for screws or rivets to hold label in place. Case labels to indicate system number and case ID as shown on sheet Rl. - Label to be placed on front panel at lower right hand corner of each case. Walk-in labels _y to indicate system number and shall be mounted on box at latch side of each door. Clear of door frame at 66" high. Self-adhesive labels are not acceptable. 11. Install evaporator-coil units to comply with NFPA 90A. �? 12. Comply with manufacturer's installation instructions. Install units plumb and level, firmly anchored in locations indicated, and maintain manufacturer's recommended -1 clearances. WINCO STORE NO. 23 236395 - 12 REFRIGERATION INSTALLATION WINCO FOODS LLC 07/15 13. Refrigeration Contractor to provide hangers and blocking necessary to support coils. No wood blocking is to be used. Penetrate cooler/freezer at each coil location. Do not run lines from coil to coil interior to the box. 14. Install piping to allow service and maintenance. 15. Adjust Thermostatic Expansion Valve superheat to proper setting for the application. 4- 6°F for low temperature applications, 6-8°F for medium temperature applications and 8- 12°F for high temperature applications. 16. Pipe condensate drain full-size to indirect waste.. Provide union at connection to coil. Provide condensate trap at waste receptor outside of refrigerated area. Wrap condensate with heat tape when cooler is below 32°F. 17. Completely seal around all pipe, conduit and hanger penetrations of box walls or ceiling with low temperature silicone sealant. Penetrations to be sealed at both the interior and exterior surfaces of the cooler panel, with special attention to the exterior surface. 18. Refrigeration Contractor to furnish and install full-size copper (3/4" minimum) drain line for coils. Provide condensate trap at waste receptor outside of refrigerated area. Wrap condensate drain line with heat tape and insulation when scheduled cooler operational set point is below 32°F. l 9. Refrigeration Contractor to furnish labels for all refrigerant leak detection horn/strobes. Labels shall be 1 1/2" wide X 3/4" high with 3/8" letters engraved through white face to black core. Labels shall be 1/16" thick and have hole at each end for screws to hold label in place. Labels to read "ALARM SOUNDS ON REFRIGERANT LEAK, CONTACT STORE MANAGER". Self-adhesive labels are not acceptable. 20. Refrigeration Contractor to furnish labels for all refrigerant door alarm horn/strobes. Labels shall be 1 1/2" wide X 3/4" high with 3/8" letters engraved through white face to black core. Labels shall be 1/16" thick and have hole at each end for screws to hold label in place. Labels to read "ALARM SOUNDS WHEN DOOR HAS BEEN LEFT OPEN.". Self-adhesive labels are not acceptable. C. CASE/COIL PIPING CONNECTIONS 1. Connect suction, liquid, and hot gas piping to main loops with isolation valves for each sub-system. f 2. Provide union at drain connection to coil. D. CASE/COIL START-UP 1. National Account representative will be provided as a part of the owner provided equipment package. The representative will be available to review performance problems and installation should equipment not perform as specified. The start-up service shall include,but not be limited to,the items below: WINCO STORE NO. 23 236395 - 13 REFRIGERATION INSTALLATION WINCO FOODS LLC 07/15 a. Verify all shipping, blocking, and bracing are removed. b. Verify unit is secure on proper shims and supporting devices and that connections to piping and electrical systems are complete. c. Verify smooth fan motor operations. d. Note other items which will adversely affect performance of the case and warranty requirements. 2. Review with installing contractor any warranty parts replacements required. 1 3. The installing contractor shall be present during start-up review and correct any items noted as deficient in the installation. 4. The start-up review shall be scheduled with the Owner's representative. E. DEMONSTRATION 1. Train Owner's maintenance personnel to adjust, operate, and maintain cases. 4.4 SYSTEM CHARGING A. Charge system using the following procedures: 1. Install core in filter dryers after leak test but before evacuation. _ 2. Evacuate entire refrigerant system with a vacuum pump to 500 micrometers. If vacuum holds for 12 hours, system is ready for charging. 3. Break vacuum with refrigerant gas, allowing pressure to build up to 2 psig. 4. Charge system with a new filter-dryer core in charging line. 5. Refrigeration Contractor to charge system to account for seasonal & operational fluctuations. During low head pressure conditions, system is to be charged to maintain the receiver level at a minimum of 20% full. During high head pressure conditions, the system is to be charged to maintain the receiver level at a maximum of 80% full. B. On factory provided label supply the following information: Installing Refrigeration Company, Foreman Name, Rack Operating Charge, and Installation Date. If factory label is not present provide the information on an engraved plastic laminated 1/16" thick label mechanically fastened to rack. Labels to be colored per approved ASHRAE refrigerant specifications. 4.5 STARTUP AND ADJUSTING 1 A. Startup and adjust system using the following procedures: 1. Replace core of replaceable filter dryer after system has been adjusted and after design _4 flow rates and pressures are established. 2. Test and adjust calibration of controllers and sensors. 3. Test each software and hardware system for compliance with sequence of operation. _s END OF SECTION 236395 WINCO STORE NO. 23 236395 - 14 REFRIGERATION INSTALLATION _J WINCO FOODS LLC 07/15 SECTION 236993 - SEQUENCE OF OPERATIONS FOR REFRIGERATION CONTROLS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Refrigeration Contract apply to this Section. B. Related Sections include the following: 1. Division 23 Section 6395—Refrigeration Installation. 1.2 SUMMARY A. This Section includes: 1. Control sequences for Refrigeration systems and equipment. B. Specific sequence operations are required to be programmed into the controllers for refrigeration operations. 1.3 REFRIGERATION CONTROL SEQUENCES A. Controllers are to be configured to fail outputs to the position indicated below in the event of a control system failure unless otherwise noted. 1. Following a system failure, individual compressors to stage back on per rack using a 15 • second delay between compressor startups. B. Refrigeration Circuit Control/Defrost. 1. General setup requirements for Refrigeration circuits. a. Configure type of box or case. b. Number of case sensors per lineup. c. Dual Temperature is configured on lineups with Dual Temperature Control. d. Case Temperature setpoint is configured with Evaporator design Temperature. e. Dual Temperature setpoint is configured with Evaporator design Temperature. f. Temperature Deadband set at 2df. 1 df above setpoint and I df below setpoint. g Temperature Combination method for lineups is to be configures as AVERAGE of all temperature inputs h. Fan operation during Defrost is configured to OFF for EL/HG/TO lineups. i. Fan operation during Pumpdown is configured to OFF for EL/HG/TO lineups. J. Fan operation during Idle is configured to ON. k. Fan on Delay to be 2:00. 1. Door switch to be configured on LT freezer boxes. WINCO STORE NO. 23 236993 - 1 SEQUENCE OF OPERATIONS FOR REFRIGERATION CONTROLS WINCO FOODS LLC 07/15 2. General setup requirements for Defrost Control Setup. a. Configure defrost Types (EL/HG/TO). b. Configure pump-down delay setting. (1 minute) c. Configure defrost duration from Case Manufacturer literature. d. Configure defrost drip down time default setting. e. Configure termination for EL/HG defrost systems. f. Configure defrost as TIME for time-off systems. g. Defrost start Mode is configures as SCHEDULED. h. Number of Defrosts daily should be listed from Case Manufacturer literature. -1 1.4 SETPOINTS A. Case and cooler/freezer box temperature probe monitoring/alarm initial setpoints include the following: DEFROST DEFROST CASE DISCHARGE DEFROSTS/DAY, MIN DEFROST TERM HIGH TEMP FIXTURE MODEL TEMP MAX DURATION DURATION TYPE TEMP ALARM BAKERY REACH- -12 °LT/ Klixon DI 0°/60 min. IN.(Dual Temp) QIV6V +32 °MT 1 @ 45 min 7 min EL 65°Failsafe 40°/60 min. PART 2 -PRODUCTS—NOT USED PART 3 -EXECUTION 3.1 REQUIREMENTS A. Contractor to make adjustments to setpoints as required maintaining proper operating temperatures within the fixtures as required by manufacturers and WinCo. B. If setpoints cannot be provided and maintained as outlined above, contact Architect immediately with a description of the issue, steps taken to resolve the problem, and any deviated setpoints. C. Contractor to make adjustments to sensors and locate sensors to provide accurate temperature and pressure readings. Any sensor with significant setpoint offsets required shall be replaced. D. Refer to Installation Specifications for further information. END OF SECTION 236993 WINCO STORE NO. 23 236993 -2 SEQUENCE OF OPERATIONS FOR REFRIGERATION CONTROLS WINCO FOODS LLC 3/21/12 SECTION 260500 -COMMON WORK RESULTS FOR ELECTRICAL PART 1 -GENERAL 1.1 SCOPE OF WORK A. Furnish and install all materials and equipment and provide all labor required and necessary to complete the work shown on the drawings and all miscellaneous items, not specifically mentioned, but reasonably inferred for a complete installation, including all accessories required for testing the system. It is the intent of the drawings and specifications that all systems be complete and ready for operation. 1.2 SUMMARY A. Section Includes: 1. Sleeves for raceways and cables. 2. Common electrical installation requirements. 1.3 CODE COMPLIANCE A. All work and materials shall comply with the latest rules, codes and regulations, including, but not limited to,the following: 1. Occupational Safety and Health Act Standards(OSHA) 2. NFPA#70—National Electric Code(NEC) 3. ADA Standards—Americans with Disabilities Act 4. ANSI/IEEE C-2—National Electrical Safety Code 5. NECA—Standard of Installation 6. All other applicable Federal, State and local codes and ordinances. B. Work to be executed and inspected in accordance with local codes and ordinances. Permits, fees or charges for inspection or other services shall be paid for by the contractor. Local codes and ordinances are to be considered as minimum requirements and must be properly executed without expense to the owner; but do not relieve the contractor from work shown that exceeds minimum requirements. 1.4 CONDITIONS AT SITE A. Lines of other service that are damaged as a result of this work shall be promptly repaired at no expense to the owner to the complete satisfaction of the owner. 1.5 DRAWINGS AND SPECIFICATIONS A. All drawings and all specifications shall be considered as a whole and work of this Division shown anywhere therein shall be furnished under this Division. WINCO STORE NO. 23 COMMON WORK RESULTS FOR ELECTRICAL 260500 - 1 WINCO FOODS LLC 3/21/12 B. Drawings are diagrammatic and indicate the general arrangement of equipment and wiring. Most direct routing of conduits and wiring is not assured. Exact requirements shall be governed by architectural, structural and mechanical conditions of the job. Extra lengths of wiring or addition of pull or junction boxes, etc., necessitated by such conditions shall be included in the bid. Check all information and report any apparent discrepancies before submitting bid. C. Change to location, type, function, brand name, finish, etc., shall not be made without permission of owner. 1.6 SAFETY AND INDEMNITY i A. Safety: The contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. This requirement will apply continuously and not be limited to normal working hours. B. No act, service, drawing review or construction review by the owner is intended to include review of the adequacy of the contractor's safety measures in, on, or near the construction site. 1.7 GUARANTEE A. All work under this section shall be guaranteed in writing to be free of defective work, materials, or parts for a period of one (1) year after final acceptance of the work under the contract. B. Repair, revision or replacement of any and all defects, failure or inoperativeness shall be done by the contractor at no cost to the owner. PART 2 - PRODUCTS 2.1 MATERIAL A. Manufacturer's trade names and catalog numbers indicated by drawings and/or specifications are intended to indicate the quality of equipment or materials desired. B. All materials must be new and UL listed. Materials that are not covered by UL testing I' standards shall be tested and approved by an independent testing laboratory or a governmental agency, which laboratory shall be acceptable to the owner and code enforcing agency. 2.2 CONDUCTORS AND CABLES A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to,the following: 1. Alcan Products Corporation; Alcan Cable Division. 2. American Insulated Wire Corp.; a Leviton Company. 3. General Cable Corporation. WINCO STORE NO. 23 COMMON WORK RESULTS FOR ELECTRICAL 260500 - 2 WINCO FOODS LLC 3/21/12 4. Senator Wire&Cable Company. 5. Southwire Company. B. Conductor Insulation: Comply with NEMA WC 70 for Types THHN-THWN. C. Multiconductor Cable: Comply with NEMA WC 70 for armored cable, Type MC with ground wire. D. Color-Code system secondary service, feeder, branch-and circuit conductors throughout the ■ secondary electrical system as follows PHASE 208/120-V A Black B Red C Blue Neutral White Ground Green E. The following wiring methods and materials are not approved: 1. Flat conductor Cable, Type FCC Cable 2. Mineral-Insulated, Metal Sheathed Cable, Type MI Cable 3. Electrical Non-metallic-Tubing 4. Non-metallic Sheathed Cable, Types NM and NMC Cable 5. Underground Feeder Cable, Type OF Cable 6. Armored Cable, Type AC Cable 2.3 CONNECTORS AND SPLICES A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to,the following: 1. AFC Cable Systems, Inc. 2. Hubbell Power Systems, Inc. 3. O-Z/Gedney; EGS Electrical Group LLC. 4. 3M; Electrical Products Division. 5. Tyco Electronics Corp. B. Description: Factory-fabricated connectors and splices of size, ampacity rating, material, type, and class for application and service indicated. C. Provide factory-fabricated, metal connectors of the size, rating, material, type and class as required for each service. Where not indicated, provide proper selection as determined by installer to comply with installation requirements and with NEC standards. Aluminum compression terminals are required for aluminum-alloy conductors. Compression terminals shall be marked "AL7CU" for 75 degree C rated circuits and "AL9CU" for 90 degree circuits. Select from only following types, classes, kinds and styles: 1. Type: Pressure. 2. Type: Crimp. 3. Type: Threaded. WINCO STORE NO. 23 COMMON WORK RESULTS FOR ELECTRICAL 260500 - 3 WINCO FOODS LLC 3/21/12 4. Class: Insulated. 5. Class: Noninsulated. 6. Kind: Copper(for Cu to Cu connection). 2.4 CONDUIT, TUBING AND FITTINGS A. For each electrical raceway system indicated, provide assembly of conduit, tubing and fittings including, but not necessarily limited to, connectors, couplings, offsets, elbows, straps, bushings, expansion joints, hangers, and other components and accessories as needed for a complete system. B. Metal Conduit,Tubing, and Fittings: 1. All fittings for metal conduit shall be zinc plated steel. Die cast zinc fittings are not _ acceptable. 2. Electrical Metallic Tubing(EMT): ANSI C80.3. 3. EMT Fittings: Setscrew or compression type. C. Conduit and Tubing Accessories: 1. Except as otherwise indicated, provide conduit and tubing accessories of types, sizes, and materials required, including, but not necessarily limited to, hangers, clamps, rollers, straps, fasteners, brackets, and expansion and deflection fittings complying with manufacturer's published product information and designed and constructed by manufacturer for use in applications indicated. 2.5 BOXES AND ENCLOSURES A. Junction and Pull Boxes: Provide galvanized code gauge sheet steel junction and pull boxes, with screw-on covers; of types, shapes and sizes, to suit each respective location and installation; with welded seams and equipped with stainless steel nuts, bolts, screws and washers. B. Conduit Bodies: Provide galvanized cast-metal conduit bodies, of types, shapes and sizes, to suit respective locations and installation, construct with threaded-conduit-entrance ends, removable covers, and corrosion-resistant screws. C. Bushings, Knockout Closures and Locknuts: Provide corrosion-resistant punched-steel box knockout closures, conduit locknuts and malleable iron conduit bushings, offset connectors, of types and sizes to suit respective uses and installation. D. Sealing Fittings: Provide cadmium plated, malleable iron sealing fittings of types and sizes to suit respective uses and installation. E. Indoors: Boxes and Enclosures: NEMA 250,Type 1 WINCO STORE NO. 23 �. COMMON WORK RESULTS FOR ELECTRICAL 260500-4 WINCO FOODS LLC 3/21/12 PART 3 - EXECUTION 3.1 WORKMANSHIP AND CONTRACTOR'S QUALIFICATIONS A. All materials and equipment shall be installed in a neat and workmanlike manner by competent specialists for each subtrade. Work shall be installed to the satisfaction of the Architect/Engineer with unsatisfactory work removed and reinstalled to his satisfaction at no extra cost to the Owner. B. Provide all cutting and patching necessary to install the work specified in this section. Patching shall match adjacent surfaces. No structural members shall be cut without the approval of the Architect/Engineer. Provide all conduits required before the floors and walls are constructed. C. Provide experienced foreman with a minimum of three years experience working on this type of building placed in charge of this work at all times. 3.2 QUALITY ASSURANCE A. The contractor shall insure that all workmanship, all materials employed, all required equipment and the manner and method of installation conforms to accepted construction and engineering practices, and that each piece of equipment is in satisfactory working condition to satisfactorily perform its functional operation. 3.3 INSTALLATION OF CONDUCTORS AND CABLES A. Use manufacturer-approved pulling compound or lubricant where necessary; compound used must not deteriorate conductor or insulation. Do not exceed manufacturer's recommended maximum pulling tensions and sidewall pressure values. B. Use pulling means, including fish tape, cable, rope, and basket-weave wire/cable grips, that will not damage cables or raceway. 3.4 CONNECTIONS A. Tighten electrical connectors and terminals according to manufacturer's published torque- ; tightening values. If manufacturer's torque values are not indicated, use those specified in UL 486A and UL 486B. B. Make splices and taps that are compatible with conductor material and that possess equivalent or better mechanical strength and insulation ratings than unspliced conductors. 1. Use oxide inhibitor in each splice and tap conductor for aluminum conductors. C. Wiring at Outlets: Install conductor at each outlet, with at least 6 inches (150 mm)of slack. WINCO STORE NO. 23 COMMON WORK RESULTS FOR ELECTRICAL 260500 - 5 WINCO FOODS LLC 3/21/12 3.5 FIELD QUALITY CONTROL A. Prior to energization, check cable and wire continuity of circuitry, and for short circuits. Correct malfunction when detected. B. Subsequent to wire and cable hook-ups, energize circuitry and demonstrate functioning in accordance with requirements C. Inspect wire and cable for physical damage. D. Perform continuity testing on all power and equipment branch circuit conductors. Verify proper phasing connections. 3.6 RACEWAY APPLICATION A. Comply with the following indoor applications, unless otherwise indicated: 1. Exposed,Not Subject to Severe Physical Damage: EMT. B. Raceway Fittings: Compatible with raceways and suitable for use and location. 3.7 INSTALLATION A. Install conduit either parallel or perpendicular to structure. Diagonal conduit runs are not allowed. B. Complete raceway installation before starting conductor installation. _, C. Support raceways per National Electrical Code(NFPA 70)requirements. D. Install no more than the equivalent of three 90-degree bends in any conduit run except for communications conduits, for which fewer bends are allowed. E. Install pull wires in empty raceways. Use polypropylene or monofilament plastic line with not less than 200-lb(90-kg)tensile strength. Leave at least 12 inches (300 mm) of slack at each end of pull wire. F. Fasten boxes rigidly to substratum or structural surfaces to which they are mounted, or solidly embed electrical boxes in concrete or masonry. 3.13 LABELING A. Label coverplate of all pull and junction boxes by system served. Indicate panel circuits for power and lighting boxes. 3.14 CLEANING WINCO STORE NO. 23 COMMON WORK RESULTS FOR ELECTRICAL 260500- 6 WINCO FOODS LLC 3/21/12 A. On completion of installation, inspect exposed finish. Remove burrs, dirt, and construction debris and repair damaged finish, including chips, scratches, and abrasions. END OF SECTION 260500 • WINCO STORE NO. 23 COMMON WORK RESULTS FOR ELECTRICAL 260500 - 7